VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01857 Package ID: USCOURTS-cofc-1_18-vv-01857 Petitioner: Roland S. Einer Filed: 2018-12-04 Decided: 2020-12-02 Vaccine: influenza Vaccination date: 2016-11-01 Condition: Guillain-Barre Syndrome (GBS) Outcome: compensated Award amount USD: 60000 AI-assisted case summary: Roland S. Einer filed a petition for compensation under the National Vaccine Injury Compensation Program on December 4, 2018, alleging he suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine received on November 1, 2016. Petitioner alleged the vaccination was administered in the United States, that he suffered residual effects for more than six months, and that there had been no prior award or settlement. The respondent denied that petitioner sustained a GBS Table injury and denied that the influenza vaccine caused his GBS or any other injury. Despite the respondent's denial, the parties filed a joint stipulation on October 28, 2020, agreeing that a decision should be entered awarding compensation. Chief Special Master Brian H. Corcoran found the stipulation reasonable and adopted it as the court's decision. Roland S. Einer was awarded a lump sum of $60,000.00 in compensation for all items of damages, payable to Petitioner. The decision was issued on December 2, 2020. Petitioner was represented by M. Jalie Meinecke, and respondent was represented by Catherine Elizabeth Stolar. Theory of causation field: Petitioner Roland S. Einer alleged Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine received on November 1, 2016. Respondent denied a GBS Table injury and that the vaccine caused the GBS. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Brian H. Corcoran. Petitioner was awarded $60,000.00. The public decision does not describe the specific theory of causation, medical experts, onset, symptoms, tests, or treatments. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01857-0 Date issued/filed: 2020-12-02 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 10/29/2020) regarding 33 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01857-UNJ Document 37 Filed 12/02/20 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1857V UNPUBLISHED ROLAND S. EINER, Chief Special Master Corcoran Petitioner, Filed: October 29, 2020 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on Damages; Influenza HUMAN SERVICES, (Flu) Vaccine; Guillain-Barre Syndrome (GBS) Respondent. M. Jalie Meinecke, Meinecke & Sitz, Cody, WY, for petitioner. Catherine Elizabeth Stolar, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On December 4, 2018, Roland Einer 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”) as a result of an influenza vaccine received on November 1, 2016. Petition at 1; Stipulation, filed at October 28, 2020, ¶¶ 2-4. Petitioner further alleges the vaccination was administered in the United States, he suffered the residual effects of his injury for more than six months, and there has been no prior award or settlement of a civil action for damages on his behalf as a result of his condition. Petition at 1, 4; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner sustained a GBS Table injury, and denies that the influenza vaccine caused petitioner to develop GBS or any other injury. ” 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-01857-UNJ Document 37 Filed 12/02/20 Page 2 of 7 Nevertheless, on October 28, 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 $60,000.00 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-01857-UNJ Document 37 Filed 12/02/20 Page 3 of 7 Case 1:18-vv-01857-UNJ Document 37 Filed 12/02/20 Page 4 of 7 Case 1:18-vv-01857-UNJ Document 37 Filed 12/02/20 Page 5 of 7 Case 1:18-vv-01857-UNJ Document 37 Filed 12/02/20 Page 6 of 7 Case 1:18-vv-01857-UNJ Document 37 Filed 12/02/20 Page 7 of 7