VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00761
Package ID: USCOURTS-cofc-1_19-vv-00761
Petitioner: Wendy Jacobs
Filed: 2019-05-22
Decided: 2022-09-27
Vaccine: influenza
Vaccination date: 2016-11-04
Condition: Guillain-Barré Syndrome (GBS) and Chronic Inflammatory Demyelinating Polyneuropathy (CIDP)
Outcome: compensated
Award amount USD: 369670

AI-assisted case summary:
On May 22, 2019, Wendy Jacobs filed a petition alleging that an influenza vaccine administered on November 4, 2016, caused her to suffer from Guillain-Barré Syndrome (GBS) and Chronic Inflammatory Demyelinating Polyneuropathy (CIDP). The respondent denied that the flu vaccine caused Petitioner's GBS, CIDP, or current condition, and also denied that Petitioner sustained a GBS Table injury. Despite these denials, the parties reached a stipulation recommending an award of compensation. Special Master Nora Beth Dorsey adopted the stipulation, awarding Wendy Jacobs a total of $369,670.55. This amount includes a lump sum of $236,866.51 for first-year life care expenses and combined lost earnings and pain and suffering, and a lump sum of $132,804.05 to reimburse a Medicaid lien. The decision was based on this stipulation and entered on September 27, 2022. Petitioner was represented by Randall G. Knutson of Knutson & Casey Law Firm, and Respondent was represented by Sarah Christina Duncan of the U.S. Department of Justice. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of causation.

Theory of causation field:
Petitioner Wendy Jacobs alleged that an influenza vaccine administered on November 4, 2016, caused her to suffer from Guillain-Barré Syndrome (GBS) and Chronic Inflammatory Demyelinating Polyneuropathy (CIDP). Respondent denied that the flu vaccine caused Petitioner's GBS, CIDP, or current condition, and denied that Petitioner sustained a GBS Table injury. The parties reached a stipulation recommending an award of compensation, which Special Master Nora Beth Dorsey adopted. The award totaled $369,670.55, comprising $236,866.51 for first-year life care expenses, lost earnings, and pain and suffering, and $132,804.05 for a Medicaid lien reimbursement. The decision was based on the stipulation, entered on September 27, 2022. Petitioner's counsel was Randall G. Knutson, and Respondent's counsel was Sarah Christina Duncan. The public decision does not detail the specific theory of causation, expert testimony, or the mechanism of injury.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00761-0
Date issued/filed: 2022-09-27
Pages: 10
Docket text: PUBLIC DECISION (Originally filed: 9/2/2022) regarding 80 DECISION Stipulation. Signed by Special Master Nora Beth Dorsey. (kis) Service on parties made.
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Case 1:19-vv-00761-UNJ Document 85 Filed 09/27/22 Page 1 of 10
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: September 2, 2022
* * * * * * * * * * * * * * *
WENDY JACOBS, * UNPUBLISHED
*
Petitioner, * No. 19-761V
*
v. * Special Master Dorsey
*
SECRETARY OF HEALTH * Decision Based on Stipulation;
AND HUMAN SERVICES, * Influenza (“Flu”) Vaccine;
* Guillain-Barré Syndrome (“GBS”);
Respondent. * Chronic Inflammatory Demyelinating
* Polyneuropathy (“CIDP”).
* * * * * * * * * * * * * * *
Randall G. Knutson, Knutson & Casey Law Firm, Mankato, MN, for Petitioner.
Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION BASED ON STIPULATION1
On May 22, 2019, Wendy Jacobs (“Petitioner”) filed a petition in the National Vaccine
Injury Program2 alleging that as a result of an influenza (“flu”) vaccine administered on
November 4, 2016, she suffered from Guillain-Barré Syndrome (“GBS”) and Chronic
Inflammatory Demyelinating Polyneuropathy (“CIDP”). Petition at Preamble (ECF No. 1).
On September 2, 2022, the parties filed a stipulation recommending an award of
compensation to Petitioner. Stipulation (ECF No. 79). Respondent denies that Petitioner
sustained a GBS Table injury and denies that the flu vaccine caused Petitioner to suffer from
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-00761-UNJ Document 85 Filed 09/27/22 Page 2 of 10
GBS, CIDP, or any other injury or her current condition. 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:
(1) A lump sum of $236,866.51, which amount represents compensation for first
year life care expenses ($21,866.51) and combined lost earnings and pain and
suffering ($215,000.00), in the form of a check payable to Petitioner;
(2) A lump sum of $132,804.05, which amount represents reimbursement of a
Medicaid lien for services rendered to Petitioner by the State of Colorado, in the
form of a check payable jointly to Petitioner and
Colorado Department of Health Care Policy & Financing
1570 Grant Street
Denver, CO 80203
State I.D. No: K282993
Attn: Athena Mortensen
Petitioner agrees to endorse this check to the Colorado Department of Health
Care Policy & Financing.
(3) An amount sufficient to purchase the annuity contract described in paragraph
10 of the stipulation, paid to the life insurance company from which the annuity
will be purchased (the “Life Insurance Company”).
Stipulation at ¶ 8. These amounts represent compensation for all damages that are
available under 42 U.S.C. § 300aa-15(a).
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.
2

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