VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01415
Package ID: USCOURTS-cofc-1_18-vv-01415
Petitioner: Cindy Cox
Filed: 2018-09-17
Decided: 2022-01-18
Vaccine: influenza
Vaccination date: 2015-11-03
Condition: Guillain-Barre Syndrome
Outcome: compensated
Award amount USD: 428838.41

AI-assisted case summary:
Cindy Cox filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered from Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine she received on November 3, 2015. She claimed to have experienced residual effects of GBS for more than six months and sought compensation. The respondent, the Secretary of Health and Human Services, denied that Ms. Cox sustained a GBS Table injury or that the flu vaccine caused her condition. Despite these denials, the parties filed a joint stipulation agreeing to a settlement. The court adopted the stipulation as its decision, awarding Ms. Cox compensation. The award included a lump sum of $230,892.27 for pain and suffering and first-year life care expenses, and another lump sum of $197,946.19 to reimburse a lien for services rendered. Additionally, an amount sufficient to purchase an annuity contract for future life care expenses was awarded. The total compensation awarded was $428,838.41. The case was resolved via stipulation, with the court entering judgment in accordance with the agreement.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01415-0
Date issued/filed: 2022-01-18
Pages: 10
Docket text: PUBLIC DECISION (Originally filed: 12/14/2021) regarding 46 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-01415-UNJ Document 50 Filed 01/18/22 Page 1 of 10
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1415V
UNPUBLISHED
CINDY COX, Chief Special Master Corcoran
Petitioner, Filed: December 14, 2021
v.
Special Processing Unit (SPU); Joint
SECRETARY OF HEALTH AND Stipulation on Damages; Influenza
HUMAN SERVICES, (Flu) Vaccine; Guillain-Barre
Syndrome (GBS)
Respondent.
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On September 17, 2018, Cindy Cox filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”). Petitioner alleges that she suffered from Guillain-Barre Syndrome
resulting from an influenza (“flu”) vaccine she received on November 3, 2015. Petition at
1; Stipulation, filed December 14, 2021, at ¶¶ 4. Petitioner further alleges that she suffered
the residual effects of her Guillain-Barre Syndrome for more than six months and has
never received any compensation for her injury. Petition at ¶¶ 12-15; Stipulation at ¶¶ 4-
5. Respondent denies “that Petitioner sustained a GBS Table injury, and further denies
that the flu vaccine caused Petitioner’s alleged GBS or any other injury or condition. ”
Stipulation at ¶ 6.
Nevertheless, on December 14, 2021, the parties filed the attached joint
stipulation, stating that a decision should be entered awarding compensation. I find the
1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am
required to post it on the United States Court of Federal Claims' website in accordance with the E-
Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic
Government Services). This means the Decision will be available to anyone with access to the
internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact
medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy.
If, upon review, I agree that the identified material fits within this definition, I will redact such material from
public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease
of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:18-vv-01415-UNJ Document 50 Filed 01/18/22 Page 2 of 10
stipulation reasonable and adopt it as my decision awarding damages, on the terms set
forth therein.
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
• A lump sum of $230,892.27, representing $175,000.00 for Petitioner’s pain
and suffering and $55,892.27 for first-year life care expenses, in the form of
a check payable to Petitioner. Stipulation at ¶8(a).
• A lump sum of $197,946.19, which represents reimbursement for a lien for
services rendered on behalf of Petitioner, in the form of a check jointly
payable to Petitioner and the Colorado Department of Health Care Policy and
Financial, Medicaid ID Number: R868471, 333 W. Hampden Ave., Suite 425,
Englewood, CO 80110. Stipulation at ¶8(b).
• An amount sufficient to purchase the annuity contract described in the
Stipulation at Paragraph 10. Stipulation at ¶8(c).
These amounts represent compensation for all damages that would be available
under 42 U.S.C. §300aa-15(a).
I approve the requested amount for Petitioner’s compensation. In the absence of
a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed
to enter judgment in accordance with this decision.3
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2

Case 1:18-vv-01415-UNJ Document 50 Filed 01/18/22 Page 3 of 10
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
CINDY COX, )
)
Petitioner, )
V. )
) No. 18-1415V
SECRETARY OF HEALTH ) Chief Special Master Corcoran
AND HUMAN SERVICES, ) ECF
)
Respondent. )
STIPULATION
The parties hereby stipulate to the following matters:
1. Cindy Cox, petitioner, filed a petition for vaccine compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 to -34 (the "Vaccine Program").
The petition seeks compensation for injuries allegedly related to petitioner's receipt of the
influenza ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"),
42 C.F.R. § 100.3 (a).
2. Petitioner received her flu vaccination on November 3, 2015.
3. The vaccination was administered within the United States.
4. Petitioner alleges that she suffered from Ouillain-Barre syndrome ("OBS") resulting
from the adverse effects of the flu vaccine, and that she experienced the residual effects of this
condition for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on her behalf as a result of her condition.
6. Respondent denies that petitioner sustained a OBS Table injury, and further denies

Case 1:18-vv-01415-UNJ Document 50 Filed 01/18/22 Page 4 of 10
that the flu vaccine cause petitioner's alleged GBS or any other injury or condition.
7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry of judgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-21(a)(l), the Secretary of Health and Human Services will issue
the following vaccine compensation payments:
a. A lump sum of $230,892.27, which amount represents compensation for first-year life
care expenses ($55,892.27) and pain and suffering ($175,000.00), in the form of a check
payable to petitioner;
b. A lump sum of $197,946.19, 1 which amount represents reimbursement of a lien for
services rendered on behalf of petitioner, in the form of a check payable jointly to
petitioner and the Colorado Department of Health Care Policy and Financing:
Colorado Medical Assistance
Tort and Casualty Recovery Program
333 W. Hampden Ave., Suite# 425
Englewood, CO 80110
Recipient Name: Cindy J. Cox
Medicaid ID Number: R868471
Attn: Kylie Lewis
Petitioner agrees to endorse this check to the Colorado Department of Health Care Policy
and Financing.
c. An amount sufficient to purchase the annuity contract described in paragraph l 0
below, paid to the life insurance company from which the annuity will be purchased (the
"Life Insurance Company").
/
1 This amount represents full satisfaction of any right of subrogation, assignment, claim, lien, or
cause of action the State of Colorado may have against any individual as a result of any
Medicaid payments the Colorado Medical Assistance Program has made to or on behalf of Cindy
Cox as a result of her alleged vaccine-related injury suffered on or about November l, 2015,
under Title XIX of the Social Security Act, see 42 U.S.C. § 300aa-l5(g), (h).
2

Case 1:18-vv-01415-UNJ Document 50 Filed 01/18/22 Page 5 of 10
These amounts represent compensation for all damages that would be available under 42
U.S.C. §300aa-15(a).
9. The Life Insurance Company must have a minimum of $250,000,000 capital and
surplus, exclusive of any mandatory security valuation reserve. The Life Insurance Company
must have one of the following ratings from two of the following rating organizations:
a. A.M. Best Company: A++, A+, A+g, A+p, A+r, or A+s;
b. Moody's Investor Service Claims Paying Rating: Aa3, Aa2, Aal, or Aaa;
c. Standard and Poor's Corporation Insurer Claims-Paying Ability Rating: AA-,
AA, AA+, or AAA;
d. Fitch Credit Rating Company, Insurance Company Claims Paying Ability Rating:
AA-, AA, AA+, or AAA.
I 0. The Secretary of Health and Human Services agrees to purchase an annuity contract
from the Life Insurance Company for the benefit of petitioner, Cindy Cox, pursuant to which the
Life Insurance Company will agree to make payments periodically to petitioner as follows for
the following life care items available under42 U.S.C. §300aa-15(a).
a. For future unreimbursable Insurance Premium and Maximum out of Pocket expenses,
beginning on the first anniversary of the date of judgment, an annual amount of
$14,180.80 to be paid up to the anniversary of the date of judgment in year 2027,
increasing at the rate of three percent (3%), compounded annually from the date of
judgment.
b. For future unreimbursable Medicare Part B Deductible expenses, beginning on the
anniversary of the date of judgment in year 2027, an annual amount of $203 .00 to be paid
for the remainder of petitioner's life, increasing at the rate of three percent (3%),
compounded annually from the date of judgment.
c. For future unreimbursable Medigap and Medicare Part D expenses, beginning on the
anniversary of the date of judgment in year 2027, an annual amount of $1,788.60 to be
paid for the remainder of petitioner's life, increasing at the rate of three percent (3%),
compounded annually from the date of judgment.
d. For future unreimbursable Light Weight Folding Mobility Scooter, Scooter
Maintenance, Scooter Battery, Lift Chair, Reacher, Plastic Mattress Cover, Raised Toilet
3

Case 1:18-vv-01415-UNJ Document 50 Filed 01/18/22 Page 6 of 10
Seat, Transfer Bench, Handheld Shower, Bath Sponge, and Antimicrobial Skin Ointment
expenses, on the first anniversary of the date ofj udgment, a lump sum of $435.92.
Thereafter, beginning on the second anniversary of the date of judgment, an annual
amount of $545.92 to be paid for the remainder of petitioner's life, all amounts increasing
at the rate of three percent (3%), compounded annually from the date of judgment.
e. For future unreimbursable Disposable Glove, Brief, and Underpad expenses,
beginning on the first anniversary of the date of judgment, an annual amount of
$1,576.90 to be paid for the remainder of petitioner's life, increasing at the rate of three
percent (3%), compounded annually from the date of judgment.
f. For future unreimbursable Home Care expenses, beginning on the first anniversary of
the date of judgment, an annual amount of$37,960.00 to be paid up to the anniversary of
the date of judgment in year 2027. Thereafter, beginning on the anniversary of the date
of judgment in year 2027, an annual amount of $75,920.00 to be paid for the remainder
of petitioner's life, all amounts increasing at the rate of three percent (3%), compounded
annually from the date of judgment.
g. For future unreimbursable Transportation expenses, beginning on the first anniversary
of the date of judgment, an annual amount of $500.00 to be paid for the remainder of
petitioner's life, increasing at the rate of three percent (3%), compounded annually from
the date of judgment.
At the sole discretion of the Secretary of Health and Human Services, the periodic payments set
forth in paragraph IO above may be provided to petitioner in monthly, quarterly, annual, or other
installments. The "annual amounts" set forth above describe only the total yearly sum to be paid
to petitioner and do not require that the payment be made in one annual installment. Petitioner
will continue to receive the annuity payments from the Life Insurance Company only so long as
she, Cindy Cox, is alive at the time that a particular payment is due. Written notice shall be
provided to the Secretary of Health and Human Services and the Life Insurance Company within
twenty (20) days of Cindy Cox's death.
11. The annuity contract will be owned solely and exclusively by the Secretary of Health
and Human Services and will be purchased as soon as practicable following the entry of a
judgment in conformity with this Stipulation. The parties stipulate and agree that the Secretary
of Health and Human Services and the United States of America are not responsible for the
4

Case 1:18-vv-01415-UNJ Document 50 Filed 01/18/22 Page 7 of 10
payment of any sums other than the amounts set forth in paragraph 8 herein and the amounts
awarded pursuant to paragraph 12 herein, and that they do not guarantee or insure any of the
future annuity payments. Upon the purchase of the annuity contract, the Secretary of Health and
Human Services and the United States of America are released from any and all obligations with
respect to future annuity payments.
12. As soon as practicable after the entry of judgment on entitlement in this case, and
after petitioner has filed both a proper and timely election to receive compensation pursuant to
42 U.S.C. § 300aa-2l(a)(l), and an application, the parties will submit to further proceedings
before the special master to award reasonable attorneys' fees and costs incurred in proceeding
upon this petition.
13. Petitioner and her attorney represent that they have identified to respondent all
known sources of payment for items or services for which the Program is not primarily liable
under 42 U.S.C. § 300aa-15(g), including State compensation programs, insurance policies,
Federal or State health benefits programs (other than Title XIX of the Social Security Act
(42 U.S.C. § 1396 et seq.)), or entities that provide health services on a pre-paid basis.
14. Payments made pursuant to paragraph 8 and any amounts awarded pursuant to
paragraph 12 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i),
subject to the availability of sufficient statutory funds.
15. The parties and their attorneys further agree and stipulate that, except for any award
for attorneys' fees and litigation costs, and past unreimbursable expenses, the money provided
pursuant to this Stipulation either immediately or as part of the annuity contract, will be used
solely for petitioner's benefit as contemplated by a strict construction of 42 U.S.C. §§ 300aa-
l 5(a) and (d), and subject to the conditions of 42 U.S.C. §§ 300aa-15(g) and (h).
5

Case 1:18-vv-01415-UNJ Document 50 Filed 01/18/22 Page 8 of 10
16. In return for the payments described in paragraphs 8 and 12, petitioner, in her
individual capacity, and on behalf of her heirs, executors, administrators, successors or assigns,
does forever irrevocably and unconditionally release, acquit and discharge the United States and
the Secretary of Health and Human Services from any and all actions or causes of action
(including agreements, judgments, claims, damages, loss of services, expenses and all demands
of whatever kind or nature) that have been brought, could have been brought, or could be timely
brought in the Court of Federal Claims, under the National Vaccine Injury Compensation
Program, 42 U.S.C. § 300aa-10 et seq., on account of, or in any way growing out of, any and all
known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting
from, or alleged to have resulted from, the flu vaccination administered on November 3, 2015, as
alleged by petitioner in a petition for vaccine compensation filed on or about September 17, 2018
in the United States Court of Federal Claims as petition No. 18-1415V.
17. If petitioner should die prior to entry of judgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
18. If the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a
decision that is in complete conformity with the terms of this Stipulation, then the parties'
settlement and this Stipulation shall be voidable at the sole discretion of either party.
19. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except
as otherwise noted in paragraph 12 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
6

Case 1:18-vv-01415-UNJ Document 50 Filed 01/18/22 Page 9 of 10
Stipulation may reflect a compromise of the parties' respective positions as to liability and/or
amount of damages, and further, that a change in the nature of the injury or condition or in the
items of compensation sought, is not grounds to modify or revise this agreement.
20. Petitioner hereby authorizes respondent to disclose documents filed by petitioner in
this case consistent with the Privacy Act and the routine uses described in the National Vaccine
Injury Compensation Program System of Records, No. 09-15-0056.
21. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the flu vaccine caused petitioner's alleged GBS or
any other injury or her current condition.
22. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
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Respectfully submitted,
PETITIONER:
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
£ :
-~-tt Lb+:LAW'aev.1M1r---
MULLER, ES HEA THER L. PEARLMAN
MULLER BRAZIL, LLP Deputy Director
715 Twining Road, Suite 208 Torts Branch
Dresher. PA 19025 Civil Division
Tel: (215) 885-1655 U.S. Department of .Justice
max@myvaccinelawyer.com P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEALTH RESPONDENT:
AND HUMAN SERVICES:
{u,.,__J..u~~
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TAMARA OVERBY CAMILLE M. COLLETT
Acting Director. Division of Injury Trial Attorney
Compensation Programs Torts Branch
Health Systems Bureau Civil Division
Health Resources and Services U.S. Department of Justice
Administration P.O. Box 146
U.S. Department of Health Benjamin Franklin Station
and Human Services Washington, DC 20044-0146
5600 Fishers Lane, 08N 146B Tel: (202) 616-4098
Rockville. MD 20857 E-mail: Camille.M.Collett@usdoj.gov
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Dated: ) :v}Jj
8