VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01656
Package ID: USCOURTS-cofc-1_18-vv-01656
Petitioner: John R. Harnisch
Filed: 2018-10-26
Decided: 2020-10-28
Vaccine: influenza
Vaccination date: 2015-11-16
Condition: Guillain-Barre syndrome
Outcome: compensated
Award amount USD: 406704

AI-assisted case summary:
John R. Harnisch filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that the influenza and/or pneumococcal conjugate vaccines he received on November 16, 2015, caused him to suffer from Guillain-Barre syndrome (GBS) with residual effects lasting more than six months. The parties, John R. Harnisch and the Secretary of Health and Human Services, filed a joint stipulation on August 26, 2020, agreeing that compensation should be awarded. Respondent denied that the flu vaccine caused Petitioner's GBS or any other injury, but the parties stipulated to the terms of the award. The court adopted the stipulation as its decision. Petitioner was awarded a total of $406,704.48, which included compensation for first-year life care expenses, lost earnings, pain and suffering, and past unreimbursable expenses. An additional amount was allocated for an annuity contract. The decision was entered on October 28, 2020, with judgment to be entered in accordance with the stipulation.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01656-0
Date issued/filed: 2020-10-28
Pages: 10
Docket text: PUBLIC DECISION (Originally filed: 09/03/2020) regarding 29 DECISION Stipulation/Proffer. Signed by Special Master Herbrina Sanders. (rig) Service on parties made.
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Case 1:18-vv-01656-UNJ Document 33 Filed 10/28/20 Page 1 of 10
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: September 3, 2020
* * * * * * * * * * * * * * * * * * * * * * * * *
JOHN R. HARNISCH, * No. 18-1656V
*
Petitioner, * Special Master Sanders
*
v. *
*
SECRETARY OF HEALTH * Stipulation; GBS; Flu Vaccine;
AND HUMAN SERVICES, * Pneumococcal Vaccine.
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Kristin M. Cafferty, Habush, Habush & Rottier, Racine, WI, for Petitioner.
Darryl R. Wishard, United States Department of Justice, Washington, DC, for Respondent.
DECISION1
On October 26, 2018, John R. Harnisch (“Petitioner”) filed a petition for compensation
pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-10 to -34
(2012); Pet. at 1, ECF No. 1. Petitioner alleged that the influenza (“flu”) vaccine and/or the
pneumococcal conjugate vaccine he received on November 16, 2015, caused him to suffer from
Guillain-Barre syndrome (“GBS”). See id.;Stip. at 1, ECF No. 29. Petitioner further alleged that
he experienced the residual effects of his injuries for more than six months. Stip. at 1.
On August 26, 2020, the parties filed a stipulation in which they state that a decision should
be entered awarding compensation to Petitioner. Stip. at 2. Respondent denies that the flu vaccine
caused Petitioner’s alleged GBS, or any other injury. Id. Nevertheless, the parties agree to the
joint stipulation, attached hereto as Appendix A. I find the stipulation reasonable and adopt it as
the decision of the Court in awarding damages, on the terms set forth therein.
1 This Decision shall be posted on the website of the United States Court of Federal Claims, in
accordance with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913
(codified as amended at 44 U.S.C. § 3501 note (2012)). This means the Decision will be
available to anyone with access to the Internet. As provided by Vaccine Rule 18(b), each party
has 14 days within which to request 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).
2 National Childhood Vaccine Injury Act of 1986, Pub L. No. 99-660, 100 Stat. 3755.

Case 1:18-vv-01656-UNJ Document 33 Filed 10/28/20 Page 2 of 10
The parties stipulate that Petitioner shall receive the following compensation:
A lump sum of $406,704.48, which amount represents compensation for
first year life care expenses ($24,334.26), lost earnings ($275,000.00),
pain and suffering ($75,000.00)[,] and past unreimbursable expenses
($32,370.22) in the form of a check payable to [P]etitioner; and . . . [a]n
amount sufficient to purchase the annuity contract described in
paragraph 10 [of the stipulation], paid to the life insurance company
from which the annuity will be purchased. . . . These amounts
represents compensation for all damages that would be available under
42 U.S.C. § 300aa-15(a).
Id. at 2.
I approve the requested amount for Petitioner’s compensation. Accordingly, an award
should be made consistent with the stipulation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of
Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3
IT IS SO ORDERED.
s/Herbrina D. Sanders
Herbrina D. Sanders
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.

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