VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00802 Package ID: USCOURTS-cofc-1_19-vv-00802 Petitioner: Kimble Lehman Filed: 2019-05-31 Decided: 2020-10-16 Vaccine: influenza Vaccination date: 2018-01-15 Condition: Guillain-Barre Syndrome (GBS) Outcome: compensated Award amount USD: 70000 AI-assisted case summary: Kimble Lehman filed a petition on May 31, 2019, seeking compensation under the National Vaccine Injury Compensation Program. Petitioner alleged Guillain-Barre Syndrome (GBS) after receiving an influenza vaccine on January 15, 2018. Petitioner stated the vaccine was administered in the United States, that the residual effects of GBS lasted for more than six months, and that no civil action had been filed or compensation received for the alleged vaccine-caused GBS. The respondent denied that Petitioner sustained a GBS Table injury, denied that the vaccine caused Petitioner's alleged GBS or any other injury, and denied that his current condition was a sequelae of a vaccine-related injury. On October 16, 2020, the parties filed a joint stipulation agreeing to an award of compensation. Chief Special Master Brian H. Corcoran found the stipulation reasonable and adopted it as his decision. Pursuant to the stipulation, a lump sum of $70,000.00, payable to Petitioner, was awarded as compensation for all items of damages. The decision was issued on October 16, 2020. Petitioner's counsel was Jeffrey S. Pop of Jeffrey S. Pop & Associates, and respondent's counsel was Colleen Clemons Hartley of the U.S. Department of Justice. Theory of causation field: Petitioner alleged Guillain-Barre Syndrome (GBS) after receiving an influenza vaccine on January 15, 2018. Respondent denied that Petitioner sustained a GBS Table injury, denied that the vaccine caused Petitioner's alleged GBS or any other injury, and denied that his current condition was a sequelae of a vaccine-related injury. The parties filed a joint stipulation on October 16, 2020, agreeing to an award of compensation. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding a lump sum of $70,000.00 for all items of damages. The specific theory of causation, medical experts, clinical details, onset, symptoms, tests, treatments, and mechanism were not described in the public decision, which was based on a stipulation. The award was made under the "Table" category of the Vaccine Act. Attorneys involved were Jeffrey S. Pop for the petitioner and Colleen Clemons Hartley for the respondent. The decision date was October 16, 2020. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00802-0 Date issued/filed: 2020-11-16 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 10/16/2020) regarding 33 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00802-UNJ Document 37 Filed 11/16/20 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-0802V UNPUBLISHED KIMBLE LEHMAN, Chief Special Master Corcoran Petitioner, Filed: October 16, 2020 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on Damages; Influenza HUMAN SERVICES, (Flu) Vaccine; Guillain-Barre Syndrome (GBS) Respondent. Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner. Colleen Clemons Hartley, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On May 31, 2019, Kimble Lehman 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-Barré Syndrome (“GBS”) after receiving the influenza vaccine on January 15, 2018. Petition at ¶¶ 6, 31; Stipulation, filed at Oct. 16, 2020, ¶¶ 1-2, 4. Petitioner further alleges he received the vaccine in the United States, that he suffered the residual effects of his GBS for more than six months, and that neither Petitioner nor any other party has filed a civil action or received compensation for his GBS, alleged as vaccine caused. Petition at ¶¶ 6, 31, 34; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained a GBS Table injury; denies that the vaccine caused [P]etitioner’s alleged GBS or any other injury; and denies that his current condition is a sequelae of a vaccine-related injury.” Stipulation at ¶ 6. 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-00802-UNJ Document 37 Filed 11/16/20 Page 2 of 7 Nevertheless, on October 16, 2020, 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. Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $70,000.00 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-00802-UNJ Document 37 Filed 11/16/20 Page 3 of 7 Case 1:19-vv-00802-UNJ Document 37 Filed 11/16/20 Page 4 of 7 Case 1:19-vv-00802-UNJ Document 37 Filed 11/16/20 Page 5 of 7 Case 1:19-vv-00802-UNJ Document 37 Filed 11/16/20 Page 6 of 7 Case 1:19-vv-00802-UNJ Document 37 Filed 11/16/20 Page 7 of 7