VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01843 Package ID: USCOURTS-cofc-1_18-vv-01843 Petitioner: Lori Winn Filed: 2020-10-01 Decided: 2020-11-02 Vaccine: influenza Vaccination date: 2017-11-02 Condition: Guillain-Barre Syndrome (GBS) Outcome: compensated Award amount USD: 55000 AI-assisted case summary: Lori Winn filed a petition for compensation under the National Vaccine Injury Compensation Program on October 1, 2020, alleging she suffered Guillain-Barre Syndrome (GBS) after receiving an influenza vaccine on November 2, 2017. Petitioner stated the vaccine was administered in the United States, that she experienced residual effects of GBS for more than six months, and that there had been no prior award or settlement for her condition. The respondent denied that petitioner's alleged GBS and residual effects were caused by the vaccine, suggesting that a concurrent upper respiratory illness was a more likely cause of GBS. Despite this dispute, the parties filed a joint stipulation on October 1, 2020, agreeing to an award of compensation. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Lori Winn a lump sum of $55,000.00, payable to Petitioner, for all items of damages. The decision was issued on November 2, 2020. Theory of causation field: Petitioner Lori Winn alleged Guillain-Barre Syndrome (GBS) following an influenza (flu) vaccination on November 2, 2017. Respondent denied causation, suggesting a concurrent upper respiratory illness was a more likely cause of GBS. The parties filed a joint stipulation agreeing to compensation. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding a lump sum of $55,000.00 to Petitioner. The public decision does not describe the specific mechanism of GBS, any expert testimony, or detailed medical evidence supporting either party's theory. The decision date was November 2, 2020. Petitioner's counsel was Jeffrey S. Pop, and respondent's counsel was Voris Edward Johnson. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01843-0 Date issued/filed: 2020-11-02 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 10/01/2020) regarding 36 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01843-UNJ Document 40 Filed 11/02/20 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1843V UNPUBLISHED LORI WINN, Chief Special Master Corcoran Petitioner, Filed: October 1, 2020 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on Damages; Influenza HUMAN SERVICES, (Flu) Vaccine; Guillain-Barre Syndrome (GBS) Respondent. Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner. Voris Edward Johnson, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On November 30, 2018, Lori Winn 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 Guillain-Barre Syndrome (GBS) after receiving an influenza (flu) vaccination on November 2, 2017. Petition at 1; Stipulation, filed at October 1, 2020, ¶ 1. Petitioner further alleges that the vaccine was administered in the United States, she experienced the residual effects of GBS for more than six months, and that there has been no prior award or settlement of a civil action for damages as a result of her condition. Petition at 1; Stipulation at ¶¶ 3-5. “Respondent denies that [p]etitioner’s alleged GBS and residual effects, or any other injury; the medical records document that [p]etitioner likely suffered an upper respiratory illness in close temporal proximity to the onset of her alleged GBS, a more likely cause of GBS.” Stipulation at ¶ 6. 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Case 1:18-vv-01843-UNJ Document 40 Filed 11/02/20 Page 2 of 7 Nevertheless, on October 1, 2020, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the 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 $55,000.00 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 Section 15(a). Id. 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-01843-UNJ Document 40 Filed 11/02/20 Page 3 of 7 Case 1:18-vv-01843-UNJ Document 40 Filed 11/02/20 Page 4 of 7 Case 1:18-vv-01843-UNJ Document 40 Filed 11/02/20 Page 5 of 7 Case 1:18-vv-01843-UNJ Document 40 Filed 11/02/20 Page 6 of 7 Case 1:18-vv-01843-UNJ Document 40 Filed 11/02/20 Page 7 of 7