VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00609 Package ID: USCOURTS-cofc-1_19-vv-00609 Petitioner: Carl Felts Filed: 2019-04-24 Decided: 2021-07-06 Vaccine: influenza Vaccination date: 2016-10-21 Condition: Guillain-Barre Syndrome (GBS) Outcome: compensated Award amount USD: 509500 AI-assisted case summary: Carl Felts filed a petition for compensation under the National Vaccine Injury Compensation Program on April 24, 2019, alleging that he suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine administered on October 21, 2016. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on June 5, 2020, conceding that Mr. Felts was entitled to compensation. The respondent concluded that Mr. Felts satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation, and had met all legal prerequisites for compensation under the Vaccine Act. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on June 8, 2020, finding that Mr. Felts was entitled to compensation based on the respondent's concession and the evidence of record. Subsequently, on June 1, 2021, the parties filed a joint stipulation for damages. In this stipulation, the parties agreed that Mr. Felts received the flu vaccine on October 21, 2016, within the United States, and alleged that he suffered GBS with residual effects lasting more than six months. They also stipulated that there was no preponderance of the evidence demonstrating that his GBS was due to a factor unrelated to the vaccine, and that there had been no prior award or settlement of a civil action for damages on his behalf. Based on this stipulation, Chief Special Master Corcoran issued a decision on July 6, 2021, awarding Mr. Felts a lump sum of $509,500.00, payable by check to Petitioner. This amount was designated as compensation for all items of damages available under Section 15(a) of the Vaccine Act, including pain and suffering, past and future unreimbursed medical expenses, and actual and anticipated loss of earnings. The decision noted that attorneys' fees and costs would be addressed in further proceedings. Petitioner was represented by Simina Vourlis, and Respondent was represented by Adriana Ruth Teitel. Theory of causation field: Petitioner Carl Felts alleged that he suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine administered on October 21, 2016. The respondent conceded entitlement, agreeing that Petitioner satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation. The parties filed a joint stipulation stating that there was no preponderance of the evidence demonstrating that Petitioner's GBS and its residual effects were due to a factor unrelated to the October 21, 2016 flu vaccine. The Special Master adopted the stipulation, finding Petitioner entitled to compensation. The award was a lump sum of $509,500.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a), including pain and suffering, past and future unreimbursed medical expenses, and actual and anticipated loss of earnings. Chief Special Master Brian H. Corcoran issued the ruling on entitlement on June 8, 2020, and the final decision on the joint stipulation on July 6, 2021. Petitioner was represented by Simina Vourlis, and Respondent was represented by Adriana Ruth Teitel. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00609-0 Date issued/filed: 2020-07-10 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 06/08/2020) regarding 34 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00609-UNJ Document 40 Filed 07/10/20 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-609V UNPUBLISHED CARL FELTS, Chief Special Master Corcoran Petitioner, Filed: June 8, 2020 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on Entitlement; Concession; HUMAN SERVICES, Table Injury; Influenza (Flu) Vaccine; Guillain-Barre Syndrome (GBS) Respondent. Simina Vourlis, Law Offices of Simina Vourlis, Columbus, OH, for petitioner. Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 On April 24, 2019, Carl Felts 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 he suffered from Guillain-Barre Syndrome (“GBS”) as a result of an influenza (“flu”) vaccine administered on October 21, 2016. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On June 5, 2020, Respondent filed his Rule 4(c) report in which he concedes that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1. Specifically, Respondent concluded that Petitioner has satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation. Id. at 1 Because this unpublished ruling 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 ruling 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-00609-UNJ Document 40 Filed 07/10/20 Page 2 of 2 11. Respondent further agrees that Petitioner has satisfied all legal prerequisites for compensation under the Vaccine Act. Id. In view of Respondent’s position and the evidence of record, I find that Petitioner is entitled to compensation. IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 2 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_19-vv-00609-1 Date issued/filed: 2021-07-06 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 06/03/2021) regarding 59 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00609-UNJ Document 65 Filed 07/06/21 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-609V UNPUBLISHED CARL FELTS, Chief Special Master Corcoran Petitioner, Filed: June 3, 2021 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on Damages; Influenza HUMAN SERVICES, (Flu) Vaccine; Guillain-Barre Syndrome (GBS) Respondent. Simina Vourlis, Law Offices of Simina Vourlis, Columbus, OH, for petitioner. Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On April 24, 2019, Carl Felts 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 he suffered Guillain-Barre Syndrome (“GBS”) as a result of receiving an influenza vaccine on October 21, 2016. Petition at 1; Stipulation, filed at June 1, 2021, ¶¶ 1, 4. Petitioner further alleges that the vaccine was administered within the United States, that he experienced the residual effects of his GBS for more than six months, and that there has been no prior award or settlement of a civil action for damages on his behalf as a result of his condition. Petition at 9-10; Stipulation at ¶¶ 2-6. On June 1, 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. 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-00609-UNJ Document 65 Filed 07/06/21 Page 2 of 7 Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $509,500.00 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-00609-UNJ Document 65 Filed 07/06/21 Page 3 of 7 IN THE UNITED ST A TES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS CARL FELTS, Petitioner, V. No. 19-609V Chief Special Master Corcoran (SPU) SECRETARY OF HEALTH AND ECF HUMAN SERVICES, Respondl'nt. STIPULATION The patties hereby stipulate to the following matters: I. Petitioner Carl Felts (''petitioner") filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-l Oto -34 (the "Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt of an influenza ("flu') vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § I 00.3 (a). 2. Petitioner received his flu vaccination on October 21, 2016. 3. The vaccination was administered within the United States. 4. Petitioner alleges that he suffered Guillain-Barre Syndrome ("GBS") as a result of receiving the flu vaccine within the time period set forth in the Table. Petitioner further alleged that he experienced the residual effects of his G BS for more than six months. 5. There is not a preponderance of the evidence demonstrating that petitioner's GBS and its residual effects were due to a factor unrelated to this October 21, 2016 flu vaccine. 6. Petitioner represents that there has been no prior award or settlement of a civil action for damages on his behalf as a result of his condition. Case 1:19-vv-00609-UNJ Document 65 Filed 07/06/21 Page 4 of 7 7. Accordingly, petitioner is entitled to compensation under the terms of the Vaccine Program for his OBS. Therefore, a decision should be entered awarding the compensation described in paragraph 8 of this Stipulation. 8. As soon as practicable after an entry of judgment reflecting a decision consistent with the terms of this Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U .S.C. § 300aa-2 I (a)(l ), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of $509,500.00 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-l 5(a), including pain and suffering, past and future unreimbursed medical expenses, and actual and anticipated loss of earnings. 9. As soon as practicable after the entry of judgment on entitlement in this case, and after petitioner has filed both a proper and timely election to receive compensation pursuant to 42 U.S.C. § 300aa-21(a)(I), and an application, the parties will submit to further proceedings before the special master to award reasonable attorneys' fees and costs incurred in proceeding upon this petition. I 0. Petitioner and his attorney represent that they have identified to respondent all known sources of payment for items or services for which the Program is not primarily liable under 42 U.S.C. § 300aa-I 5(g), including State compensation programs, insurance policies, Federal or State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C. § 1396 et seq.)), or entities that provide health services on a pre-paid basis. I I. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to paragraph 9 ofthis Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i), subject to the availability of sufficient statutory funds. 2 Case 1:19-vv-00609-UNJ Document 65 Filed 07/06/21 Page 5 of 7 12. The patties and their attorneys further agree and stipulate that, except for any award for attorneys' fees and litigation costs and past unreimbursable expenses, the money provided pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a strict construction of 42 U.S.C. § 300aa-l 5(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-l 5(g) and (h). 13. In return for the payments described in paragraphs 8 and 9, petitioner, in his individual capacity, and on behalf of his heirs, executors, administrators, successors or assigns, does forever irrevocably and unconditionally release, acquit and discharge the United States and the Secretary of Health and Human Services from any and all actions or causes of action (including agreements, judgments, claims, damages, loss of services, expenses and all demands of whatever kind or nature) that have been brought, could have been brought, or could be timely brought in the Comt of Federal Claims, under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 et seq., on account of, or in any way growing out of, any and all known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting from, or alleged to have resulted from, the flu vaccination administered on October 21, 2016, as alleged by petitioner in his petition for vaccine compensation filed on April 24, 2019 in the United States Comt of Federal Claims as petition No. I 9-609V. 14. If petitioner should die prior to entry of judgment, this agreement shall be voidable upon proper notice to the Court on behalf of either or both of the parties. 15. If the special master fails to issue a decision in complete conformity with the terms of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a decision that is in complete conformity with the terms of this Stipulation, then the parties' settlement and this Stipulation shall be voidable at the sole discretion of either patty. 3 Case 1:19-vv-00609-UNJ Document 65 Filed 07/06/21 Page 6 of 7 16. This Stipulation expresses a full and complete negotiated settlement of liability and damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the parties hereto to make any payment or to do any act or thing other than is herein expressly stated and clearly agreed to. The parties further agree and understand that the award described in this Stipulation may reflect a compromise of the pa11ies' respective positions as to amount of damages, and further, that a change in the nature of the injury or condition or in the items of compensation sought, is not grounds to modify or revise this agreement. 17. All rights and obligations of petitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns. END OF STIPULATION I I I I I I I I I I I I I I I I I I I 4 Case 1:19-vv-00609-UNJ Document 65 Filed 07/06/21 Page 7 of 7 Respectfully submitted, PETITIONER: ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PETITIONER: OF THE ATTORNEY GENERAL: ~ ¼ : « \ ,_..Ju~~(?~ siMiNAvouRus HEATHER L. PEARLMAN The Law Offices of Simina Vourlis Acting Deputy Director 856 Pullman Way To1ts Branch Columbus, OH 43212 Civil Division Tel: (614) 487-5900 U.S. Department of Justice Email: svourlis c,,vourlislaw.com P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRET ARY OF HEAL TH RESPONDENT: AND HUMAN SERVICES: ,(\~\ .e,cL::L . 0 (;A/JTD& ~ 1 D,#S~1tf:~ rr P"'-l ~ LS cuJ'--_ TAMARA OVERBY ADRIANA TEITEL Acting Director, Division of Injury Trial Attorney Compensation Programs Torts Branch. Civil Division Healthcart Systems Bureau .S. Department of Justice Health Resources and Services P.O. Box 146 Administration Benjamin Franklin Station U.S. Depa1tment of Health Washington, DC 20044-0146 and Human Services Tel: (202) 616-3677 600 Fishers Lane, 08-N I 468 Email: ndt ia11~t.kit,:l1d·u~duj.!.!.m· Rockville, MD 20857 o'=>iod-z,ui,I Dated: