VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01291
Package ID: USCOURTS-cofc-1_19-vv-01291
Petitioner: Amy Gallanter
Filed: 2019-08-27
Decided: 2020-11-12
Vaccine: influenza
Vaccination date: 2017-10-03
Condition: Guillain-Barré Syndrome (GBS)
Outcome: compensated
Award amount USD: 110000

AI-assisted case summary:
Amy Gallanter filed a petition for compensation under the National Vaccine Injury Compensation Program on August 27, 2019. She alleged that the influenza vaccine she received on October 3, 2017, caused her to develop Guillain-Barré Syndrome (GBS) and that her injury lasted more than six months. The respondent denied that the flu vaccine caused Petitioner's alleged GBS or any other injury. However, on November 4, 2020, the parties filed a stipulation agreeing that a decision should be entered awarding compensation to Petitioner. Special Master Herbrina Sanders found the stipulation reasonable and adopted it as the decision of the Court. Petitioner was awarded a lump sum of $110,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Judgment was to be entered in accordance with the terms of the stipulation, with the parties having jointly filed notice renouncing the right to seek review. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of causation. Petitioner was represented by Jeffrey S. Pop, and Respondent was represented by Mark K. Hellie.

Theory of causation field:
Petitioner Amy Gallanter alleged that the influenza vaccine received on October 3, 2017, caused her to develop Guillain-Barré Syndrome (GBS), with an injury lasting more than six months. The respondent denied causation. The parties filed a stipulation for award, agreeing to compensation without admitting causation. Petitioner was awarded $110,000.00. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. The Special Master was Herbrina Sanders. Attorneys involved were Jeffrey S. Pop for Petitioner and Mark K. Hellie for Respondent. The decision date was November 12, 2020.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01291-0
Date issued/filed: 2020-11-25
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 11/12/2020) regarding 21 DECISION Stipulation/Proffer. Signed by Special Master Herbrina Sanders. (rig) Service on parties made.
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Case 1:19-vv-01291-UNJ Document 25 Filed 11/25/20 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: November 12, 2020
* * * * * * * * * * * * * * * * * * * * * * * * *
AMY GALLANTER, * No. 19-1291V
*
Petitioner, * Special Master Sanders
v. *
*
SECRETARY OF HEALTH * Stipulation for Award; Influenza (“Flu”)
AND HUMAN SERVICES, * Vaccine; Guillain-Barré Syndrome
* (“GBS”)
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner.
Mark K. Hellie, United States Department of Justice, Washington, DC, for Respondent.
DECISION1
On August 27, 2019, Amy Gallanter (“Petitioner”) filed a petition for compensation
pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-10 to -34
(2012). Petitioner alleged that the influenza (“flu”) vaccine she received on October 3, 2017,
caused her to develop Guillain-Barré Syndrome (“GBS”). Pet. at 1, ECF No. 1. Petitioner further
alleged that her injury lasted more than six months. Id. ¶ 34.
On November 4, 2020, the parties filed a stipulation in which they state that a decision
should be entered awarding compensation to Petitioner. Stipulation ¶ 7, ECF No. 20. Respondent
denies that the flu vaccine caused Petitioner’s alleged GBS or any other injury. Id. ¶ 6.
Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. I find the
stipulation reasonable and adopt 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 This Decision shall be posted on the website of the United States Court of Federal Claims, in
accordance with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913
(codified as amended at 44 U.S.C. § 3501 note (2012)). This means the Decision will be available
to anyone with access to the Internet. As provided by Vaccine Rule 18(b), each party has 14
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).
2 National Childhood Vaccine Injury Act of 1986, Pub L. No. 99-660, 100 Stat. 3755.

Case 1:19-vv-01291-UNJ Document 25 Filed 11/25/20 Page 2 of 8
A lump sum of $110,000.00 in the form of a check payable to
[P]etitioner. This amount represents compensation for all damages that
would be available under 42 U.S.C. § 300aa-15(a).
Id. ¶ 8.
I approve 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/Herbrina D. Sanders
Herbrina D. Sanders
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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