VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00672 Package ID: USCOURTS-cofc-1_19-vv-00672 Petitioner: Rebekah R. Linnett Filed: 2019-05-07 Decided: 2022-11-07 Vaccine: influenza Vaccination date: 2017-09-12 Condition: Guillain Barré Syndrome and/or Chronic Demyelinating Polyneuropathy Outcome: compensated Award amount USD: 515000 AI-assisted case summary: Rebekah R. Linnett filed a petition on May 7, 2019, alleging that she suffered from Guillain Barré Syndrome (GBS) and/or Chronic Demyelinating Polyneuropathy (CIDP) as a result of receiving an influenza vaccine on September 12, 2017. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused petitioner's condition. The parties reached a stipulation to settle the case, agreeing that a decision should be entered awarding compensation to the petitioner. The stipulation provided for a lump sum of $515,000.00, payable to the petitioner, to compensate for first-year life care expenses, combined lost earnings, and pain and suffering. Additionally, an amount sufficient to purchase an annuity contract was awarded, covering all damages available under the National Vaccine Injury Compensation Program. Special Master Thomas L. Gowen issued a decision on the stipulation on November 7, 2022, and judgment was entered in accordance with the stipulation. The public decision does not describe the petitioner's specific clinical story, onset of symptoms, diagnostic tests, treatments, or the mechanism of causation. Petitioner was represented by William E. Cochran, Jr. of Black McLaren, et al., P.C., and respondent was represented by Mary E. Holmes of the U.S. Department of Justice. Theory of causation field: Petitioner Rebekah R. Linnett alleged that an influenza vaccine administered on September 12, 2017, caused her Guillain Barré Syndrome (GBS) and/or Chronic Demyelinating Polyneuropathy (CIDP). The respondent denied causation. The parties stipulated to a settlement, resulting in an award of $515,000.00 as a lump sum for first-year life care expenses, combined lost earnings, and pain and suffering, plus an amount for an annuity contract covering all damages. Special Master Thomas L. Gowen issued the decision on November 7, 2022. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury, stating only that the respondent denies causation. Petitioner counsel was William E. Cochran, Jr., and respondent counsel was Mary E. Holmes. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00672-0 Date issued/filed: 2022-12-08 Pages: 9 Docket text: PUBLIC DECISION (Originally filed: 11/7/2022) regarding 49 DECISION Stipulation/Proffer Signed by Special Master Thomas L. Gowen. (hs) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00672-UNJ Document 53 Filed 12/08/22 Page 1 of 9 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: November 7, 2022 * * * * * * * * * * * * * REBEKAH R. LINNETT, * Unpublished * * Petitioner, * No. 19-672V * v. * Special Master Gowen * SECRETARY OF HEALTH * Decision on Stipulation; Guillain AND HUMAN SERVICES, * Barré Syndrome; Influenza. * Respondent. * * * * * * * * * * * * * * William E. Cochran, Jr., Black McLaren, et al., P.C., Memphis, TN, for petitioner. Mary E. Holmes, U.S. Department of Justice, Washington, D.C., for respondent. DECISION ON STIPULATION1 On May 7, 2019, Rebekah R. Linnett (“petitioner”), filed a petition in the National Vaccine Injury Compensation Program.2 Petition (ECF No. 1). Petitioner alleged that as a result of receiving an influenza (“flu”) vaccine on September 12, 2017, she suffered from Guillain Barré Syndrome (“GBS”) and/or Chronic Demyelinating Polyneuropathy (“CIDP”). Id. On November 7, 2022, respondent filed a stipulation providing that a decision should be entered awarding compensation to petitioner. Stipulation (ECF No. 48). Respondent denies that the flu vaccine is the cause of petitioner’s GBS or CIDP, or any other injury or her current condition. Id. at ¶ 6. Nevertheless, maintaining their respective positions, the parties now agree that the issues between them shall be settled and that a decision should be entered awarding the 1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this opinion contains a reasoned explanation for the action in this case, I intend to post it on the website of the United States Court of Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. Before the opinion is posted on the court’s website, each party has 14 days to file a motion requesting 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). An objecting party must provide the court with a proposed redacted version of the opinion. Id. If neither party files a motion for redaction within 14 days, the opinion will be posted on the court’s website without any changes. Id. 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) (hereinafter “Vaccine Act” or “the Act”). Hereinafter, individual section references will be to 42 U.S.C. § 300aa of the Act. Case 1:19-vv-00672-UNJ Document 53 Filed 12/08/22 Page 2 of 9 compensation according to the terms of the stipulation attached here to as Appendix A. Id. at ¶ 7. The stipulation provides: A) A lump sum of $515,000.00, which amount represents compensation for first year life care expenses and combined lost earnings and pain and suffering, in the form of a check payable to petitioner. B) An amount sufficient to purchase the annuity contract described in paragraph 10 of the stipulation. These amounts represent compensation for all damages that would be available under 42 U.S.C. §300aa-15(a). Accordingly, the Clerk of the Court SHALL ENTER JUDGMENT in accordance with the terms of the stipulation and this decision.3 IT IS SO ORDERED. s/Thomas L. Gowen Thomas L. Gowen Special Master 3 Entry of judgment is expedited by each party’s filing notice renouncing the right to seek review. Vaccine Rule 11(a). 2 Case 1:19-vv-00672-UNJ Document 53 Filed 12/08/22 Page 3 of 9 Case 1:19-vv-00672-UNJ Document 53 Filed 12/08/22 Page 4 of 9 Case 1:19-vv-00672-UNJ Document 53 Filed 12/08/22 Page 5 of 9 Case 1:19-vv-00672-UNJ Document 53 Filed 12/08/22 Page 6 of 9 Case 1:19-vv-00672-UNJ Document 53 Filed 12/08/22 Page 7 of 9 Case 1:19-vv-00672-UNJ Document 53 Filed 12/08/22 Page 8 of 9 Case 1:19-vv-00672-UNJ Document 53 Filed 12/08/22 Page 9 of 9