VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01471 Package ID: USCOURTS-cofc-1_18-vv-01471 Petitioner: Alexandra Roman Filed: 2018-09-25 Decided: 2023-01-04 Vaccine: influenza Vaccination date: 2015-09-28 Condition: Guillain-Barré syndrome (“GBS”) and Necrotizing Autoimmune Myositis (“NAM”) Outcome: compensated Award amount USD: 257150 AI-assisted case summary: Alexandra Roman filed a petition for compensation under the National Vaccine Injury Compensation Program on September 25, 2018, alleging that she suffered from Guillain-Barré syndrome (GBS) and Necrotizing Autoimmune Myositis (NAM) as a result of receiving an influenza vaccine on September 28, 2015. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner's conditions. Despite maintaining their respective positions, the parties reached a stipulation for settlement. The stipulation awarded Alexandra Roman a lump sum of $257,150.00, which includes compensation for the first year of life care expenses ($7,150.00) and combined pain and suffering and past unreimbursable expenses ($250,000.00). An additional amount sufficient to purchase an annuity contract was also awarded. This compensation covers all damages available under the Vaccine Act. The decision was entered on January 4, 2023, by Special Master Thomas L. Gowen, based on the parties' stipulation. Jessica E. Choper of Britcher Leone, L.L.C. represented the petitioner, and Christine M. Becer of the U.S. Department of Justice represented the respondent. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of causation. Theory of causation field: Petitioner Alexandra Roman alleged that an influenza vaccine administered on September 28, 2015, caused her to develop Guillain-Barré syndrome (GBS) and Necrotizing Autoimmune Myositis (NAM). The respondent denied causation. The parties reached a stipulation for settlement, resulting in an award of $257,150.00, comprising $7,150.00 for first-year life care expenses and $250,000.00 for combined pain and suffering and past unreimbursable expenses, plus an amount for an annuity. The decision was entered on January 4, 2023, by Special Master Thomas L. Gowen. The public text does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused the alleged injuries. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01471-0 Date issued/filed: 2023-01-27 Pages: 9 Docket text: PUBLIC DECISION (Originally filed: 01/27/2023) regarding 52 DECISION Stipulation. Signed by Special Master Thomas L. Gowen. (hs) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01471-UNJ Document 53 Filed 01/27/23 Page 1 of 9 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: January 4, 2023 * * * * * * * * * * * * * ALEXANDRA ROMAN, * Unpublished * * Petitioner, * No. 18-1471V * v. * Special Master Gowen * SECRETARY OF HEALTH * Stipulation; Influenza; AND HUMAN SERVICES, * Guillain-Barré Syndrome (“GBS”); * Necrotizing Autoimmune Myositis. Respondent. * * * * * * * * * * * * * * Jessica E. Choper, Britcher Leone, L.L.C., Glen Rock, NJ, for petitioner. Christine M. Becer, U.S. Department of Justice, Washington, D.C., for respondent. DECISION ON STIPULATION1 On September 25, 2018, Alexandra Roman (“petitioner”) filed a petition for compensation under the National Vaccine Injury Compensation Program.2 Petition (ECF No. 1). Petitioner alleged that as a result of receiving the influenza (“flu”) vaccine on September 28, 2015, she suffered from Guillain-Barré syndrome (“GBS”) and Necrotizing Autoimmune Myositis (“NAM”). Id. On January 4, 2023, respondent filed a stipulation providing that a decision should be entered awarding compensation to petitioner. Stipulation (ECF No. 51). Respondent denies that the flu vaccine caused petitioner to suffer from GBS or NAM, or any other injury or her current condition. Id. at ¶ 6. Nevertheless, maintaining their respective positions, the parties agree that 1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this decision contains a reasoned explanation for the action in this case, I am required to post it on the website of the United States Court of Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. This means the decision will be available to anyone with access to the Internet. Before the decision is posted on the court’s website, each party has 14 days to file a motion requesting redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). “An objecting party must provide the court with a proposed redacted version of the decision.” Id. If neither party files a motion for redaction within 14 days, the decision will be posted on the court’s website without any changes. Id. 2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-10 to 34 (2012) (hereinafter “Vaccine Act” or “the Act”). Hereinafter, individual section references will be to 42 U.S.C. § 300aa of the Act. Case 1:18-vv-01471-UNJ Document 53 Filed 01/27/23 Page 2 of 9 the issues between shall be settled and that a decision should be entered awarding petitioner compensation according to the terms of the stipulation attached here to as Appendix A. Id. at ¶ 7. The stipulation awards: a) A lump sum of $257,150.00, which amount represents compensation for the first year life care expenses ($7,150.00) and combined pain and suffering and past unreimbursable expenses ($250,000.00) in the form of a check payable to petitioner. b) An amount sufficient to purchase the annuity contract described in paragraph 10 of the stipulation. These amounts represent compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). I adopt the parties’ stipulation attached hereto, and award compensation in the amount and on the terms set forth therein. The Clerk of the Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3 IT IS SO ORDERED. s/Thomas L. Gowen Thomas L. Gowen Special Master 3 Entry of judgment is expediated by each party’s filing notice renouncing the right to seek review. Vaccine Rule 11(a). 2 Case 1:18-vv-01471-UNJ Document 53 Filed 01/27/23 Page 3 of 9 Case 1:18-vv-01471-UNJ Document 53 Filed 01/27/23 Page 4 of 9 Case 1:18-vv-01471-UNJ Document 53 Filed 01/27/23 Page 5 of 9 Case 1:18-vv-01471-UNJ Document 53 Filed 01/27/23 Page 6 of 9 Case 1:18-vv-01471-UNJ Document 53 Filed 01/27/23 Page 7 of 9 Case 1:18-vv-01471-UNJ Document 53 Filed 01/27/23 Page 8 of 9 Case 1:18-vv-01471-UNJ Document 53 Filed 01/27/23 Page 9 of 9