VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00145 Package ID: USCOURTS-cofc-1_19-vv-00145 Petitioner: Rene Reaska Filed: 2019-01-29 Decided: 2020-12-16 Vaccine: influenza Vaccination date: 2016-09-27 Condition: Guillain-Barre Syndrome (GBS) Outcome: compensated Award amount USD: 200000 AI-assisted case summary: On January 29, 2019, Rene Reaska filed a petition under the National Vaccine Injury Compensation Program alleging Guillain-Barre Syndrome (GBS) resulting from an influenza vaccination received on September 27, 2016. The petition stated that the vaccination was administered in the United States, that Ms. Reaska experienced residual effects of her injury for more than six months, and that there had been no prior award or settlement of a civil action for damages on her behalf. The respondent, the Secretary of Health and Human Services, denied that Ms. Reaska sustained a GBS Table injury and denied that the flu vaccine caused her alleged GBS and its residual effects, or any other injury or condition. Despite these denials, on November 12, 2020, the parties filed a joint stipulation agreeing to an award of compensation. Chief Special Master Brian H. Corcoran reviewed the stipulation, found it reasonable, and adopted it as the decision of the court. Ms. Reaska was awarded a lump sum of $200,000.00, payable by check to Petitioner, as compensation for all items of damages. The decision was finalized on December 16, 2020. The public decision does not describe the specific onset of symptoms, clinical details of the GBS, diagnostic tests performed, or treatments received. Petitioner was represented by Shealene Priscilla Mancuso of Muller Brazil, LLP, and respondent was represented by Sarah Christina Duncan of the U.S. Department of Justice. Theory of causation field: Petitioner Rene Reaska alleged that Guillain-Barre Syndrome (GBS) resulted from an influenza (flu) vaccination received on September 27, 2016. Respondent denied that the flu vaccine caused a GBS Table injury or Petitioner's condition. The parties filed a joint stipulation on November 12, 2020, agreeing to compensation. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Petitioner a lump sum of $200,000.00 for all damages. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused GBS. The award was based on a stipulation between the parties. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00145-0 Date issued/filed: 2020-12-16 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 11/16/2020) regarding 40 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00145-UNJ Document 47 Filed 12/16/20 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-145V UNPUBLISHED RENE REASKA, Chief Special Master Corcoran Petitioner, Filed: November 16, 2020 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on Damages; Influenza HUMAN SERVICES, (Flu) Vaccine; Guillain-Barre Syndrome (GBS) Respondent. Shealene Priscilla Mancuso, Muller Brazil, LLP, Dresher, PA, for petitioner. Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On January 29, 2019, Rene Reaska 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) resulting from the adverse effects of the influenza (flu) vaccination she received on September 27, 2016. Petition at 1; Stipulation, filed at November 12, 2020, ¶¶ 1-2. Petitioner further alleges that the vaccination was administered in the United States, she experienced the residual effects of her injury for more than six months, and there has been no prior award or settlement of a civil action for damages on her behalf as a result of her condition. Petition at 1, 5; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained a GBS Table injury and denies that [P]etitioner’s alleged GBS and its residual effects were caused-in-fact by the flu vaccine. Respondent further denies that the flu vaccine caused [P]etitioner any other injury or her current condition.” 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 1:19-vv-00145-UNJ Document 47 Filed 12/16/20 Page 2 of 7 Nevertheless, on November 12, 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 $200,000.00 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 1:19-vv-00145-UNJ Document 47 Filed 12/16/20 Page 3 of 7 Case 1:19-vv-00145-UNJ Document 47 Filed 12/16/20 Page 4 of 7 Case 1:19-vv-00145-UNJ Document 47 Filed 12/16/20 Page 5 of 7 Case 1:19-vv-00145-UNJ Document 47 Filed 12/16/20 Page 6 of 7 Case 1:19-vv-00145-UNJ Document 47 Filed 12/16/20 Page 7 of 7