VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00639 Package ID: USCOURTS-cofc-1_19-vv-00639 Petitioner: Herman Haji Filed: 2019-04-30 Decided: 2023-01-30 Vaccine: influenza Vaccination date: 2017-09-15 Condition: Guillain-Barré Syndrome and/or Transverse Myelitis Outcome: compensated Award amount USD: 105000 AI-assisted case summary: Herman Haji filed a petition on April 30, 2019, alleging that he suffered Guillain-Barré Syndrome (GBS) and/or Transverse Myelitis (TM) as a result of receiving an influenza vaccine on September 15, 2017. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused Mr. Haji's conditions or any other injury. Despite this denial, the parties reached a stipulation recommending an award of compensation. The Special Master, Nora Beth Dorsey, found the stipulation reasonable and adopted it as the decision of the Court. Mr. Haji was awarded a lump sum of $105,000.00, payable by check, representing compensation for all damages available under the National Vaccine Injury Compensation Program. The parties agreed to expedite the entry of judgment by renouncing the right to seek review. The decision was based on this stipulation and was issued on January 30, 2023. Petitioner's counsel was Jeffrey S. Pop, and respondent's counsel was Camille Michelle Collett. Theory of causation field: Petitioner Herman Haji alleged injury from an influenza vaccine received on September 15, 2017, resulting in Guillain-Barré Syndrome (GBS) and/or Transverse Myelitis (TM). The respondent denied causation. The parties stipulated to an award of $105,000.00. The public decision does not describe the specific theory of causation, medical experts, clinical details, or the mechanism of injury. Special Master Nora Beth Dorsey approved the stipulation on January 30, 2023. Petitioner was represented by Jeffrey S. Pop, and respondent by Camille Michelle Collett. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00639-0 Date issued/filed: 2023-01-30 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 1/5/2023) regarding 99 DECISION Stipulation. Signed by Special Master Nora Beth Dorsey. (kis) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00639-UNJ Document 103 Filed 01/30/23 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: January 5, 2023 * * * * * * * * * * * * * * * HERMAN HAJI, * UNPUBLISHED * Petitioner, * No. 19-639V * v. * Special Master Dorsey * SECRETARY OF HEALTH * Decision Based on Stipulation; AND HUMAN SERVICES, * Influenza (“Flu”) Vaccine; * Guillain-Barré Syndrome (“GBS”); Respondent. * Transverse Myelitis (“TM”). * * * * * * * * * * * * * * * * Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner. Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for Respondent. DECISION BASED ON STIPULATION1 On April 30, 2019, Herman Haji (“Petitioner”) filed a petition in the National Vaccine Injury Program2 alleging he suffered from Guillain-Barré Syndrome (“GBS”) and/or Transverse Myelitis (“TM”) as a result of the influenza (“flu”) vaccine he received on September 15, 2017. Petition at Preamble (ECF No. 1). On January 5, 2023, the parties filed a stipulation recommending an award of compensation to Petitioner. Stipulation (ECF No. 98). Respondent denies that that the flu vaccine either caused Petitioner to suffer GBS and/or TM, or any other injury or condition, and 1 Because this Decision contains a reasoned explanation for the action in this case, the undersigned is 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, the undersigned agrees that the identified material fits within this definition, the undersigned will redact such material from public access. 2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-10 to -34 (2012) (“Vaccine Act” or “the Act”). All citations in this Decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa. 1 Case 1:19-vv-00639-UNJ Document 103 Filed 01/30/23 Page 2 of 7 denies that the Petitioner’s current condition is a result of a vaccine-related injury. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. The undersigned finds the stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. The parties stipulate that Petitioner shall receive the following compensation: A lump sum of $105,000.00 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-15(a). Stipulation at ¶ 8. The undersigned approves the requested amount for Petitioner’s compensation. Accordingly, an award should be made consistent with the stipulation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3 IT IS SO ORDERED. s/Nora B. Dorsey Nora B. Dorsey Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice renouncing the right to seek review. 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