VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01887 Package ID: USCOURTS-cofc-1_18-vv-01887 Petitioner: Juan Manuel Silva Filed: 2018-12-07 Decided: 2021-03-05 Vaccine: influenza Vaccination date: 2018-03-05 Condition: Guillain-Barré Syndrome (GBS) Outcome: compensated Award amount USD: 30000 AI-assisted case summary: Juan Manuel Silva filed a petition on December 7, 2018, alleging that the influenza vaccine he received on March 5, 2018, caused him to suffer from Guillain-Barré Syndrome (GBS) and its residual effects for more than six months. The respondent denied that the vaccine caused GBS or any other injury, and also denied that the injury was a Table injury. Nevertheless, on March 4, 2021, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation to Mr. Silva. The stipulation stated that Mr. Silva would receive a lump sum of $30,000.00 for all damages. Special Master Herbrina Sanders found the stipulation reasonable, adopted it as the decision of the Court, and ordered that judgment be entered in accordance with its terms. Petitioner's counsel was Paul A. Green. Respondent's counsel was Mollie D. Gorney. Theory of causation field: Petitioner Juan Manuel Silva alleged that the influenza vaccine received on March 5, 2018, caused Guillain-Barré Syndrome (GBS) and its residual effects for more than six months. Respondent denied causation and that the injury was a Table injury. The parties filed a joint stipulation for award. The public decision does not describe the specific mechanism of causation, expert testimony, or detailed medical evidence. The stipulation resulted in a lump sum award of $30,000.00 for all damages. Special Master Herbrina Sanders adopted the stipulation as the decision of the Court. Petitioner's counsel was Paul A. Green, and Respondent's counsel was Mollie D. Gorney. The decision date was March 5, 2021. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01887-0 Date issued/filed: 2021-03-12 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 03/05/2021) regarding 54 DECISION - Stipulation/Proffer. Signed by Special Master Herbrina Sanders. (arm) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01887-UNJ Document 57 Filed 03/12/21 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: March 5, 2021 * * * * * * * * * * * * * * * * * * * * * * * * * JUAN MANUEL SILVA, * No. 18-1887V * Petitioner, * Special Master Sanders v. * * Stipulation for Award; Influenza SECRETARY OF HEALTH * (“Flu”) Vaccine; Guillain-Barré AND HUMAN SERVICES, * Syndrome (“GBS”). * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * Paul A. Green, Law Office of Paul Green, Pasadena, CA, for Petitioner. Mollie D. Gorney, United States Department of Justice, Washington, DC, for Respondent. DECISION1 On December 7, 2018, Juan Manuel Silva (“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 he received on March 5, 2018, caused him to suffer from Guillain-Barré Syndrome (“GBS”). See Stip. at 1, ECF No. 53; Pet. at 1. Petitioner further alleged that he experienced the residual effects of his injury for more than six months. Stip. at 1. On March 4, 2021, the parties filed a stipulation in which they state that a decision should be entered awarding compensation to Petitioner. Id. at 2. Respondent “denies that the flu vaccine caused [P]etitioner to suffer from GBS or any other injury[.]” Id. at 1–2. Respondent “further denies that [P]etitioner sustained a GBS Table injury.” Id. at 2. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. Id. 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-01887-UNJ Document 57 Filed 03/12/21 Page 2 of 7 The parties stipulate that Petitioner shall receive the following compensation: A lump sum of $30,000.00 in the form of a check payable to [P]etitioner. This amount 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. 2 Case 1:18-vv-01887-UNJ Document 57 Filed 03/12/21 Page 3 of 7 Case 1:18-vv-01887-UNJ Document 57 Filed 03/12/21 Page 4 of 7 Case 1:18-vv-01887-UNJ Document 57 Filed 03/12/21 Page 5 of 7 Case 1:18-vv-01887-UNJ Document 57 Filed 03/12/21 Page 6 of 7 Case 1:18-vv-01887-UNJ Document 57 Filed 03/12/21 Page 7 of 7