VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00359 Package ID: USCOURTS-cofc-1_19-vv-00359 Petitioner: Eileen Rescheske Filed: 2021-01-12 Decided: 2021-02-26 Vaccine: influenza Vaccination date: 2016-10-20 Condition: Guillain-Barre Syndrome (GBS) Outcome: compensated Award amount USD: 68787 AI-assisted case summary: Eileen Rescheske filed a petition for compensation under the National Vaccine Injury Compensation Program on January 12, 2021, alleging she suffered Guillain-Barre Syndrome (GBS) as a result of her influenza vaccination on October 20, 2016. She claimed the vaccine was administered in the United States, that she suffered residual effects for more than six months, and that she had not received a prior award or settlement for her injury. Respondent denied that Ms. Rescheske sustained a GBS Table injury, denied that the flu vaccine caused her GBS or its residual effects, and denied that the vaccine caused any other injury or her current condition. Despite these denials, the parties filed a joint stipulation on January 7, 2021, agreeing that compensation should be awarded. Chief Special Master Corcoran found the stipulation reasonable and adopted it as her decision, awarding Ms. Rescheske a lump sum of $68,787.00. This amount represents compensation for all items of damages available under Section 15(a) of the Vaccine Act. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00359-0 Date issued/filed: 2021-02-26 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 01/12/2021) regarding 33 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00359-UNJ Document 38 Filed 02/26/21 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-359V UNPUBLISHED EILEEN RESCHESKE, Chief Special Master Corcoran Petitioner, Filed: January 12, 2021 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on Damages; Influenza HUMAN SERVICES, (Flu) Vaccine; Guillain-Barre Syndrome (GBS) Respondent. Diana Lynn Stadelnikas, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner. Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On March 8, 2019, Eileen Rescheske 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”) as a result of her October 20, 2016 influneza (“flu”) vaccination. Petition at 1-4; Stipulation, filed at January 7, 2021, ¶¶ 2, 4. Petitioner further alleges the vaccine was administered within the United States, that she suffered the residual effects of her injury for more than six months, and that there has been no prior award or settlement of a civil action on her behalf as a result of her injury. Stipulation at ¶¶ 3-5; see Petition at ¶¶1, 14-15. “Respondent denies that petitioner sustained a GBS Table injury; denies that petitioner’s alleged GBS and residual effects were caused-in-fact by the flu vaccine; and denies that the flu vaccine caused petitioner 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-00359-UNJ Document 38 Filed 02/26/21 Page 2 of 7 Nevertheless, on January 7, 2021, 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 $68,787.00 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-00359-UNJ Document 38 Filed 02/26/21 Page 3 of 7 Case 1:19-vv-00359-UNJ Document 38 Filed 02/26/21 Page 4 of 7 Case 1:19-vv-00359-UNJ Document 38 Filed 02/26/21 Page 5 of 7 Case 1:19-vv-00359-UNJ Document 38 Filed 02/26/21 Page 6 of 7 Case 1:19-vv-00359-UNJ Document 38 Filed 02/26/21 Page 7 of 7