VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00079 Package ID: USCOURTS-cofc-1_19-vv-00079 Petitioner: Joey Lynn Bates Filed: 2019-01-16 Decided: 2021-04-21 Vaccine: influenza Vaccination date: 2017-10-06 Condition: Guillain-Barré Syndrome (GBS) and death Outcome: compensated Award amount USD: 325000 AI-assisted case summary: On January 16, 2019, Emily Meacham and Christopher Ryan St. Andre, as co-administrators of the estate of Joey Lynn Bates, filed a petition under the National Vaccine Injury Compensation Program. They alleged that an influenza vaccine administered to Mr. Bates on October 6, 2017, caused Guillain-Barré Syndrome (GBS) and his subsequent death on April 4, 2018. The petitioners contended that Mr. Bates experienced the first symptom of GBS onset within the timeframe specified by the Vaccine Injury Table following vaccination, and that his condition met the Table's criteria. Alternatively, they alleged that the flu vaccination was the cause-in-fact of Mr. Bates's GBS and death. The respondent, the Secretary of Health and Human Services, denied that Mr. Bates sustained a GBS Table injury and denied that the flu vaccine caused his alleged GBS, any other injury, or his death. Despite these denials, the parties reached a stipulation for award. Special Master Herbrina Sanders adopted the stipulation, awarding the estate $325,000.00 in compensation for all damages. The decision was issued on April 21, 2021. Petitioner counsel was William E. Cochran, Jr. Respondent counsel was Camille M. Collett. The public decision does not describe the specific onset symptoms, medical tests, treatments, or the mechanism of causation. Theory of causation field: Petitioners alleged that Joey Lynn Bates received an influenza vaccine on October 6, 2017, and subsequently developed Guillain-Barré Syndrome (GBS) and died on April 4, 2018. They claimed the GBS onset occurred within the Vaccine Injury Table's time period, meeting Table criteria, and alternatively alleged the flu vaccine was the cause-in-fact of the GBS and death. The respondent denied a Table injury and causation. The parties stipulated to an award, and Special Master Herbrina Sanders adopted the stipulation on April 21, 2021. The award was $325,000.00. Petitioner counsel was William E. Cochran, Jr., and respondent counsel was Camille M. Collett. The public decision does not detail the specific mechanism of causation, expert testimony, or the medical evidence considered beyond the stipulation. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00079-0 Date issued/filed: 2021-04-21 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 04/07/2021) regarding 34 DECISION Stipulation/Proffer. Signed by Special Master Herbrina Sanders. (arm) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00079-UNJ Document 38 Filed 04/21/21 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: April 7, 2021 * * * * * * * * * * * * * * * EMILY MEACHAM and * No. 19-79V CHRISTOPHER RYAN ST. ANDRE, * as Co-Administrators of THE ESTATE OF * JOEY LYNN BATES, DECEASED, * * Petitioners, * Special Master Sanders * v. * * Stipulation for Award; Influenza SECRETARY OF HEALTH * (“Flu”) Vaccine; Guillain-Barré AND HUMAN SERVICES, * Syndrome (“GBS”); Death * Respondent. * * * * * * * * * * * * * * * * William E. Cochran, Jr., Black McLaren, PC, Memphis, TN, for Petitioner. Camille M. Collett, United States Department of Justice, Washington, DC, for Respondent. DECISION1 On January 16, 2019, Emily Meacham and Christopher Ryan St. Andre (“Petitioners”), as co-administrators of the estate of Joey Lynn Bates (“Mr. Bates”), 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. Petitioners alleged that the influenza (“flu”) vaccine Mr. Bates received on October 6, 2017, resulted in Guillain-Barré Syndrome (“GBS”) and death. Id.; see also Stip. at 1, ECF No. 33. Petitioners further alleged that “Mr. Bates suffered the first symptom of onset of [GBS] within the Table time period following administration of the flu vaccine, and that his injury met the Vaccine Injury Table criteria.” Stip. at 1. Petitioners also alleged that “Mr. Bates died on April 4, 2018, as the result of his receipt of the flu vaccine.” Id. at 1–2. Alternatively, “Petitioners alleged that Mr. Bates’s GBS and death were caused-in-fact by his flu vaccination.” Id. at 2. 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 1:19-vv-00079-UNJ Document 38 Filed 04/21/21 Page 2 of 7 On April 6, 2021, the parties filed a stipulation in which they state that a decision should be entered awarding compensation to Petitioners. Id. Respondent “denies that Mr. Bates sustained a GBS Table injury, and denies that the flu vaccine caused Mr. Bate’s alleged GBS, any other injury, or his death.” Id. 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. The parties stipulate that Petitioners shall receive the following compensation: A lump sum of $325,000.00 in the form of a check payable to [P]etitioners as legal representatives of the Estate of Joey Lynn Bates. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a)[.] Id. 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 1:19-vv-00079-UNJ Document 38 Filed 04/21/21 Page 3 of 7 Case 1:19-vv-00079-UNJ Document 38 Filed 04/21/21 Page 4 of 7 Case 1:19-vv-00079-UNJ Document 38 Filed 04/21/21 Page 5 of 7 Case 1:19-vv-00079-UNJ Document 38 Filed 04/21/21 Page 6 of 7 Case 1:19-vv-00079-UNJ Document 38 Filed 04/21/21 Page 7 of 7