VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01571
Package ID: USCOURTS-cofc-1_18-vv-01571
Petitioner: Michael Lusk
Filed: 2018-10-10
Decided: 2022-04-18
Vaccine: influenza
Vaccination date: 
Condition: Guillain-Barre Syndrome (“GBS”)
Outcome: compensated
Award amount USD: 30000

AI-assisted case summary:
Michael Lusk filed a petition for compensation under the National Vaccine Injury Compensation Program on October 10, 2018, alleging that he suffered Guillain-Barre Syndrome (GBS) after receiving an influenza vaccine. He further alleged that he experienced residual effects for more than six months. The respondent denied that the flu vaccine caused petitioner's alleged GBS or any other injury, and further denied that his current disabilities are a sequela of a vaccine-related injury. Nevertheless, on March 22, 2022, the parties filed a joint stipulation for damages. Special Master Daniel T. Horner found the stipulation reasonable and adopted it as the decision of the Court. Michael Lusk was awarded a lump sum of $30,000.00 as compensation for all items of damages, payable by check to the petitioner. Petitioner's counsel was Danielle Strait of Maglio Christopher & Toale. Respondent's counsel was Mallori Browne Openchowski of the U.S. Department of Justice. The public decision does not describe the specific date of vaccination, the specific onset date of GBS, the specific symptoms, diagnostic tests, treatments, or any expert witnesses.

Theory of causation field:
Petitioner Michael Lusk alleged Guillain-Barre Syndrome (GBS) following an influenza vaccine. Respondent denied causation. The parties filed a joint stipulation for damages, which Special Master Daniel T. Horner found reasonable and adopted. Petitioner was awarded a lump sum of $30,000.00. The public decision does not specify the theory of causation, the mechanism of injury, or any expert testimony. The decision date was April 18, 2022. Petitioner's counsel was Danielle Strait; respondent's counsel was Mallori Browne Openchowski.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01571-0
Date issued/filed: 2022-04-18
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 3/22/2022) regarding 50 DECISION Stipulation/Proffer. Signed by Special Master Daniel T. Horner. (tkp) Service on parties made.
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Case 1:18-vv-01571-UNJ Document 54 Filed 04/18/22 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1571V
Filed: March 22, 2022
UNPUBLISHED
MICHAEL LUSK,
Petitioner,
Joint Stipulation on Damages;
v.
Influenza (“Flu”) Vaccine; Guillain-
Barre Syndrome (“GBS”)
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Danielle Strait, Maglio Christopher & Toale, Seattle, WA, for petitioner.
Mallori Browne Openchowski , U.S. Department of Justice, Washington, DC, for
respondent.
DECISION ON JOINT STIPULATION1
On October 10, 2018, petitioner 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 he suffered Guillain-Barre Syndrome (“GBS”).
Petition at 2; Stipulation, filed March 22, 2022, at ¶ 4. Petitioner further alleges that he
has experienced the residual effects of his condition for more than six months, that
there has been no prior award or settlement of a civil action for damages as a result of
his condition, and that his vaccine was administered in the United States. Petition at 3;
Stipulation at ¶¶ 3-5. “Respondent denies that the flu vaccine caused petitioner’s
alleged GBS or any other injury, and further denies that his current disabilities are a
sequela of a vaccine-related injury.” Stipulation at ¶ 6.
Nevertheless, on March 22, 2022, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. I find the stipulation
1 Because this decision contains a reasoned explanation for the special master’s action in this case, it will
be posted on the United States Court of Federal Claims’ website in accordance with the E-Government
Act of 2002. See 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 the special master, upon review, agrees that the identified material fits within this definition, it will be
redacted 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:18-vv-01571-UNJ Document 54 Filed 04/18/22 Page 2 of 7
reasonable and adopt it as the decision of the Court in 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 $30,000.00 in the form of a check payable to petitioner.
Stipulation at ¶ 8. This amount represents compensation for all items of
damages that would be available under § 15(a). Id.
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/Daniel T. Horner
Daniel T. Horner
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

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