VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00620
Package ID: USCOURTS-cofc-1_19-vv-00620
Petitioner: Roberta Decker
Filed: 2021-02-11
Decided: 2021-04-12
Vaccine: influenza
Vaccination date: 2017-10-11
Condition: Guillain-Barré syndrome (GBS) and chronic inflammatory demyelinating polyneuropathy (CIDP)
Outcome: compensated
Award amount USD: 110000

AI-assisted case summary:
Roberta Decker filed a petition on February 11, 2021, seeking compensation under the National Vaccine Injury Compensation Program. Ms. Decker alleged that she suffered from Guillain-Barré syndrome (GBS) and chronic inflammatory demyelinating polyneuropathy (CIDP) as a result of an influenza vaccination she received on October 11, 2017. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Ms. Decker's alleged injuries or any resulting disabilities. Despite maintaining their respective positions, both parties agreed to settle the case through a joint stipulation filed on February 11, 2021. Special Master Katherine E. Oler reviewed the stipulation and found it to be reasonable, adopting it as the decision of the court. The stipulation awarded Ms. Decker a lump sum of $110,000.00, payable by check, as compensation for all damages available under the program. The decision directs the Clerk of the Court to enter judgment accordingly, unless a motion for review is filed. Petitioner was represented by Kenneth Thayer and Brandon J. Broderick of Attorney at Law, LLC, and respondent was represented by Claudia Gangi of the U.S. Department of Justice.

Theory of causation field:
Roberta Decker filed a petition on February 11, 2021, alleging GBS and CIDP following an influenza vaccination on October 11, 2017. The respondent denied causation. The parties reached a settlement via joint stipulation, which was adopted by Special Master Katherine E. Oler on April 12, 2021. The stipulation awarded Petitioner $110,000.00 in a lump sum. The public decision does not describe the specific theory of causation, medical experts, onset, symptoms, tests, treatments, or the mechanism of injury. Petitioner was represented by Kenneth Thayer and Brandon J. Broderick, and respondent was represented by Claudia Gangi.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00620-0
Date issued/filed: 2021-04-12
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 2/11/2021) regarding 29 DECISION of Special Master - Stipulation. Signed by Special Master Katherine E. Oler. (sl) Service on parties made.
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Case 1:19-vv-00620-UNJ Document 32 Filed 04/12/21 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-620V
(not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * *
*
*
ROBERTA DECKER,
*
* Filed: February 11, 2021
Petitioner, *
*
*
v. * Decision by Stipulation; Damages;
* Influenza (“Flu”) Vaccine; Guillain-Barré
SECRETARY OF HEALTH AND * syndrome (“GBS”); Chronic
HUMAN SERVICES, * Inflammatory Demyelinating
*
* Polyneuropathy (“CIDP”).
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * *
Kenneth Thayer, Brandon J. Broderick, Attorney at Law, LLC, Ewing, NJ, for Petitioner
Claudia Gangi, U.S. Department of Justice, Washington, DC, for Respondent
DECISION ON JOINT STIPULATION1
On April 26, 2019, Roberta Decker (“Petitioner”) filed a petition, seeking compensation
under the National Vaccine Injury Compensation Program (“the Vaccine Program”).2 Pet., ECF
No. 1. Petitioner alleges she suffered from Guillain-Barré syndrome (“GBS”) and chronic
inflammatory demyelinating polyneuropathy (“CIDP”) as a result of the influenza vaccination she
received on October 11, 2017. See Stipulation ¶ 2, 4, dated February 11, 2021 (ECF No. 28); see
also Petition.
1 Although this Decision has been formally designated “not to be published,” it will nevertheless be posted
on the Court of Federal Claims’ website in accordance with the E-Government Act of 2002, 44 U.S.C. §
3501 (2012). This means the Decision will be available to anyone with access to the internet. As
provided by 42 U.S.C. § 300aa-12(d)(4)(B), 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 Decision in its present form will be available. Id.
2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L.
No. 99-660, 100 Stat. 3755 (codified as amended at 42 U.S.C. §§ 300aa-10–34 (2012)) (hereinafter
“Vaccine Act” or “the Act”). All subsequent references to sections of the Vaccine Act shall be to the
pertinent subparagraph of 42 U.S.C. § 300aa.

Case 1:19-vv-00620-UNJ Document 32 Filed 04/12/21 Page 2 of 7
Respondent denies “that the flu vaccine caused petitioner’s alleged GBS, CIDP, any other
injury, or her current disabilities.” See Stipulation ¶ 6. Nonetheless, both parties, while
maintaining their above-stated positions, agreed in a stipulation filed February 11, 2021 that the
issues before them can be settled and that a decision should be entered awarding Petitioner
compensation.
I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation
is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth
therein.
The stipulation awards:
a lump sum of $110,000.00 in the form of a check payable to petitioner.
Stipulation ¶ 8. This award represents compensation for all damages that would be available under
42 U.S.C. § 300aa-15(a).
I approve a Vaccine Program award in the requested amount set forth above to be made to
Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk
of the Court is directed to enter judgment herewith.3
IT IS SO ORDERED.
s/ Katherine E. Oler
Katherine E. Oler
Special Master
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly filing notice
renouncing their right to seek review.

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