VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00552 Package ID: USCOURTS-cofc-1_19-vv-00552 Petitioner: Paul M. Doherty Filed: 2019-04-15 Decided: 2022-11-28 Vaccine: influenza Vaccination date: 2018-01-05 Condition: Guillain-Barré Syndrome Outcome: compensated Award amount USD: 10000 AI-assisted case summary: Paul M. Doherty filed a petition for compensation under the National Vaccine Injury Compensation Program on April 15, 2019, alleging he developed Guillain-Barré Syndrome (GBS) after receiving an influenza vaccine on January 5, 2018. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr. Doherty's injury. The parties, however, reached a settlement agreement and filed a joint stipulation on October 31, 2022. Under the terms of the stipulation, the respondent agreed to pay Mr. Doherty a lump sum of $10,000.00, payable to Paul M. Doherty, as compensation for all available damages. Special Master Mindy Michaels Roth adopted the stipulation and awarded compensation accordingly, directing the clerk of the court to enter judgment in accordance with the decision. Howard Gold, Esq., represented the petitioner, and Felicia Langel, Esq., represented the respondent. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. Theory of causation field: Petitioner Paul M. Doherty alleged Guillain-Barré Syndrome (GBS) following an influenza vaccine administered on January 5, 2018. The respondent denied causation. The parties filed a joint stipulation agreeing to settle the case. The stipulation resulted in an award of $10,000.00 as a lump sum payment to the petitioner for all damages. Special Master Mindy Michaels Roth adopted the stipulation. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00552-0 Date issued/filed: 2022-11-28 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 10/31/2022) regarding 53 DECISION Stipulation. Signed by Special Master Mindy Michaels Roth. (msg) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00552-UNJ Document 57 Filed 11/28/22 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-552V Filed: October 31, 2022 * * * * * * * * * * * * * PAUL M. DOHERTY, * UNPUBLISHED * Petitioner, * Decision on Joint Stipulation; * Guillain-Barré Syndrome v. * (“GBS”); Influenza (“flu”) * Vaccine. SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * Howard Gold, Esq., Gold Law Firm, Wellesley, MA, for petitioner. Felicia Langel, Esq., US Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Roth, Special Master: On April 15, 2019, Paul M. Doherty [“Mr. Doherty or “petitioner”] filed a petition for compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges that he developed Guillain-Barré Syndrome (“GBS”) after receiving an influenza (“flu”) vaccine on January 5, 2018. Stipulation, filed October 31, 2022, at ¶¶ 1-4. Respondent denies that the flu vaccine caused petitioner’s injury. Stipulation at ¶ 6. 1 Although this Decision has been formally designated “unpublished,” it will nevertheless be posted on the Court of Federal Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107- 347, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). This means the Decision will be available to anyone with access to the internet. However, the parties may object to the Decision’s inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen 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). Otherwise, the whole Decision will be available to the public. Id. 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). 1 Case 1:19-vv-00552-UNJ Document 57 Filed 11/28/22 Page 2 of 7 Nevertheless, the parties have agreed to settle the case. On October 31, 2022, the parties filed a joint stipulation agreeing to settle this case and describing the settlement terms. Respondent agrees to issue the following payment: A lump sum of $10,000.00 in the form of a check payable to petitioner, Paul M. Doherty. This amount represents compensation for all damages that would be available under § 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 is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/ Mindy Michaels Roth Mindy Michaels Roth Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice renouncing the right to seek review. 2 Case 1:19-vv-00552-UNJ Document 57 Filed 11/28/22 Page 3 of 7 Case 1:19-vv-00552-UNJ Document 57 Filed 11/28/22 Page 4 of 7 Case 1:19-vv-00552-UNJ Document 57 Filed 11/28/22 Page 5 of 7 Case 1:19-vv-00552-UNJ Document 57 Filed 11/28/22 Page 6 of 7 Case 1:19-vv-00552-UNJ Document 57 Filed 11/28/22 Page 7 of 7