VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00071 Package ID: USCOURTS-cofc-1_19-vv-00071 Petitioner: Andrea Morgan Filed: 2019-01-15 Decided: 2023-03-28 Vaccine: influenza Vaccination date: 2017-11-25 Condition: Guillain-Barre syndrome (GBS) or significant aggravation of Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) Outcome: compensated Award amount USD: 80000 AI-assisted case summary: Andrea Morgan filed a petition on January 15, 2019, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that after receiving an influenza vaccine on November 25, 2017, she developed Guillain-Barre syndrome (GBS) or suffered a significant aggravation of Chronic Inflammatory Demyelinating Polyneuropathy (CIDP). The respondent, the Secretary of Health and Human Services, denied that the vaccine caused petitioner's condition or any other injury. The parties subsequently reached a stipulation to settle the case. The stipulation, filed on March 28, 2023, stated that the respondent agreed to award compensation to Ms. Morgan. Special Master Thomas L. Gowen adopted the stipulation, awarding Ms. Morgan a lump sum of $80,000.00, payable by check to the petitioner, as compensation for all damages. The decision was issued on March 28, 2023. The public decision does not describe the petitioner's specific symptoms, medical history, diagnostic tests, treatments, or the names of any medical experts. The theory of causation is not detailed in the public decision. Theory of causation field: Petitioner Andrea Morgan received an influenza vaccine on November 25, 2017. She alleged developing Guillain-Barre syndrome (GBS) or aggravation of Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) as a result. The respondent denied causation. The parties stipulated to a settlement, and Special Master Thomas L. Gowen adopted the stipulation on March 28, 2023, awarding $80,000.00. The public decision does not specify the medical mechanism, expert testimony, or detailed evidence supporting the theory of causation, nor does it describe the onset or specific clinical presentation of the alleged injury. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00071-0 Date issued/filed: 2023-05-22 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 03/28/2023) regarding 98 DECISION Stipulation. Signed by Special Master Thomas L. Gowen. (hs) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00071-UNJ Document 102 Filed 05/22/23 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: March 28, 2023 * * * * * * * * * * * * * ANDREA MORGAN, * Unpublished * Petitioner, * No. 19-71V * v. * Special Master Gowen * SECRETARY OF HEALTH * Stipulation; Influenza (“flu”); AND HUMAN SERVICES, * Guillain-Barre Syndrome (“GBS”). * Respondent. * * * * * * * * * * * * * * Carol L. Gallagher, Carol L. Gallagher, Esquire, LLC., Somers Point, NJ, for petitioner. Mitchell Jones, U.S. Dept. of Justice, Washington, D.C., for respondent. DECISION ON STIPULATION1 On January 15, 2019, Andrea Morgan (“petitioner”), filed a petition for compensation under the National Vaccine Injury Compensation Program.2 Petition (ECF No. 1). Petitioner alleged that as a result of receiving the influenza (“flu”) vaccine on November 25, 2017, she developed Guillain-Barre syndrome (“GBS”), or alternatively that she suffered a significant aggravation of Chronic Inflammatory Demyelinating Polyneuropathy (“CIDP”). Id. On March 28, 2023, respondent filed a stipulation stating a decision should be entered awarding compensation to petitioner. Stipulation (ECF No. 97). Respondent denies that the flu vaccine caused petitioner to suffer GBS or that it significantly aggravated her CIDP, or any other injury, or her current condition. Id. at ¶ 6. Nevertheless, the parties now agree that the issues between them shall be settled and that a decision should be entered awarding petitioner compensation according to the terms of the stipulation attached hereto as Appendix A. Id. at ¶ 7. The stipulation provides: 1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this decision contains a reasoned explanation for the action in this case, I am required to post it on the website of the United States Court of Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. This means the decision will be available to anyone with access to the Internet. Before the decision is posted on the court’s website, each party has 14 days to file a motion requesting 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). “An objecting party must provide the court with a proposed redacted version of the decision.” Id. If neither party files a motion for redaction within 14 days, the decision will be posted on the court’s website without any changes. Id. 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-10 to 34 (2012) (hereinafter “Vaccine Act” or “the Act”). Hereinafter, individual section references will be to 42 U.S.C. § 300aa of the Act. Case 1:19-vv-00071-UNJ Document 102 Filed 05/22/23 Page 2 of 7 1) A lump sum of $80,000.00, in the form of a check payable to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). I adopt the parties’ stipulation attached hereto, and award compensation in the amount and on the terms set forth therein. The Clerk of the Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3 IT IS SO ORDERED. s/Thomas L. Gowen Thomas L. Gowen Special Master 3 Entry of judgment is expediated by each party’s filing notice renouncing the right to seek review. Vaccine Rule 11(a). 2 Case 1:19-vv-00071-UNJ Document 102 Filed 05/22/23 Page 3 of 7 Case 1:19-vv-00071-UNJ Document 102 Filed 05/22/23 Page 4 of 7 Case 1:19-vv-00071-UNJ Document 102 Filed 05/22/23 Page 5 of 7 Case 1:19-vv-00071-UNJ Document 102 Filed 05/22/23 Page 6 of 7 Case 1:19-vv-00071-UNJ Document 102 Filed 05/22/23 Page 7 of 7