VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01763 Package ID: USCOURTS-cofc-1_18-vv-01763 Petitioner: Teneisha C. Davis Filed: 2018-11-15 Decided: 2022-06-01 Vaccine: influenza Vaccination date: 2017-10-16 Condition: Guillain-Barré syndrome Outcome: compensated Award amount USD: 417265 AI-assisted case summary: On November 15, 2018, Teneisha C. Davis filed a petition alleging that an influenza vaccine administered on October 16, 2017, caused her to develop Guillain-Barré syndrome (GBS). The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Petitioner to suffer GBS or any other injury or her current condition. Despite this denial, the parties reached a stipulation for an award of compensation. Special Master Nora Beth Dorsey reviewed the stipulation. The court adopted the stipulation, awarding Ms. Davis a total of $417,265.15. This amount includes compensation for first-year life care expenses, lost earnings, pain and suffering, and past unreimbursable expenses, payable to Petitioner. An additional amount was allocated for an annuity contract, paid to a life insurance company. The parties agreed to this stipulation, and judgment was entered accordingly. Petitioner was represented by Jimmy A. Zgheib of Zgheib Sayad, P.C., and Respondent was represented by Christine M. Becer of the U.S. Department of Justice. Theory of causation field: Petitioner Teneisha C. Davis alleged that an influenza vaccine administered on October 16, 2017, caused her to develop Guillain-Barré syndrome (GBS). Respondent denied causation. The parties filed a stipulation for compensation, which Special Master Nora Beth Dorsey adopted. The award included a lump sum of $417,265.15 for first-year life care expenses, lost earnings, pain and suffering, and past unreimbursable expenses, plus an amount for an annuity contract. The public decision does not describe the specific medical theory of causation, expert testimony, or the mechanism by which the vaccine allegedly caused the GBS. Petitioner was represented by Jimmy A. Zgheib, and Respondent was represented by Christine M. Becer. The decision date was June 1, 2022. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01763-0 Date issued/filed: 2022-06-27 Pages: 9 Docket text: PUBLIC DECISION (Originally filed: 6/1/2022) regarding 71 DECISION Stipulation. Signed by Special Master Nora Beth Dorsey. (mca) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01763-UNJ Document 75 Filed 06/27/22 Page 1 of 9 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: June 1, 2022 * * * * * * * * * * * * * * * TENEISHA C. DAVIS, * UNPUBLISHED * Petitioner, * No. 18-1763V * v. * Special Master Dorsey * SECRETARY OF HEALTH * Decision Based on Stipulation; AND HUMAN SERVICES, * Influenza (“Flu”) Vaccine; * Guillain-Barré Syndrome (“GBS”). Respondent. * * * * * * * * * * * * * * * * * Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for Petitioner. Christine M. Becer, U.S. Department of Justice, Washington, DC, for Respondent. DECISION BASED ON STIPULATION1 On November 15, 2018, Teneisha C. Davis (“Petitioner”) filed a petition in the National Vaccine Injury Compensation Program.2 Petitioner alleged that as a result of an influenza (“flu”) vaccine on October 16, 2017, she developed Guillain-Barré syndrome (“GBS”). Petition at 1 (ECF No. 1). On June 1, 2022, the parties filed a stipulation recommending an award of compensation to Petitioner. Stipulation (ECF No. 70). Respondent denies that the flu vaccine caused Petitioner to suffer GBS or any other injury or her current condition. Id. at ¶ 6. Nevertheless, 1 Because this Decision contains a reasoned explanation for the action in this case, the undersigned is 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, the undersigned agrees that the identified material fits within this definition, the undersigned will redact such material from public access. 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-1 to -34 (2012) (“Vaccine Act” or “the Act”). All citations in this Decision to individual sections of the Vaccine Act are to 42 U.S.C. § 300aa. 1 Case 1:18-vv-01763-UNJ Document 75 Filed 06/27/22 Page 2 of 9 the parties agree to the joint stipulation, attached hereto as Appendix A. The undersigned finds the stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. The parties stipulate that Petitioner shall receive the following compensation: (1) A lump sum of $417,265.15, which amount represents compensation for first year life care expenses, lost earnings, pain and suffering, and past unreimbursable expenses in the form of a check payable to Petitioner; and (2) An 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. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). Stipulation at ¶ 8. The undersigned approves 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/Nora Beth Dorsey Nora Beth Dorsey 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. 2 Case 1:18-vv-01763-UNJ Document 75 Filed 06/27/22 Page 3 of 9 Case 1:18-vv-01763-UNJ Document 75 Filed 06/27/22 Page 4 of 9 Case 1:18-vv-01763-UNJ Document 75 Filed 06/27/22 Page 5 of 9 Case 1:18-vv-01763-UNJ Document 75 Filed 06/27/22 Page 6 of 9 Case 1:18-vv-01763-UNJ Document 75 Filed 06/27/22 Page 7 of 9 Case 1:18-vv-01763-UNJ Document 75 Filed 06/27/22 Page 8 of 9 Case 1:18-vv-01763-UNJ Document 75 Filed 06/27/22 Page 9 of 9