VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01574 Package ID: USCOURTS-cofc-1_19-vv-01574 Petitioner: Joe Granado, Jr. Filed: 2022-04-05 Decided: 2022-06-27 Vaccine: influenza Vaccination date: 2017-02-13 Condition: Guillain-Barré syndrome (GBS) or chronic inflammatory demyelinating polyneuropathy (CIDP) Outcome: compensated Award amount USD: 230000 AI-assisted case summary: Joe Granado, Jr. filed a petition on April 5, 2022, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that he suffered from Guillain-Barré syndrome (GBS), a Table injury, as a result of an influenza vaccine received on February 13, 2017. He also alleged that he suffered from GBS or chronic inflammatory demyelinating polyneuropathy (CIDP) caused by either the flu or Tdap vaccines, or that these vaccinations significantly aggravated his injuries, with residual effects lasting over six months. The respondent denied that the flu or Tdap vaccines caused or significantly aggravated the petitioner's alleged neurological injuries, including GBS, CIDP, or any other injury, and further denied that the petitioner's current disabilities were sequelae of a vaccine-related injury. Despite maintaining their positions, both parties agreed to settle the case. Special Master Katherine E. Oler reviewed the joint stipulation filed on April 5, 2022, found it reasonable, and adopted it as her decision. The stipulation awarded Joe Granado, Jr. a lump sum of $230,000.00, payable by check to the petitioner, as compensation for all damages available under 42 U.S.C. § 300aa-15(a). The decision was issued on June 27, 2022. Petitioner was represented by Danielle Strait of Maglio Christopher & Toale, and respondent was represented by Mitchell Jones of the U.S. Department of Justice. Theory of causation field: Petitioner Joe Granado, Jr. alleged a Table injury of Guillain-Barré syndrome (GBS) resulting from an influenza vaccine received on February 13, 2017. He also alleged GBS or chronic inflammatory demyelinating polyneuropathy (CIDP) caused or aggravated by flu or Tdap vaccines, with residual effects lasting over six months. Respondent denied causation and aggravation. The parties reached a settlement via joint stipulation, filed April 5, 2022, agreeing to an award of $230,000.00. Special Master Katherine E. Oler adopted the stipulation as her decision on June 27, 2022. The public decision does not detail the specific medical experts, clinical findings, onset, symptoms, treatments, or the precise mechanism of injury. Petitioner counsel was Danielle Strait, and respondent counsel was Mitchell Jones. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-01574-0 Date issued/filed: 2022-06-27 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 4/5/2022) regarding 44 DECISION of Special Master - Stipulation. Signed by Special Master Katherine E. Oler. (sl) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-01574-UNJ Document 48 Filed 06/27/22 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1574V (not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * * * * JOE GRANADO, JR., * * Filed: April 5, 2022 Petitioner, * * * v. * Decision by Stipulation; Damages; * Influenza (“Flu”) Vaccine; Tdap Vaccine; SECRETARY OF HEALTH AND * Guillain-Barré syndrome (“GBS”); HUMAN SERVICES, * Chronic Inflammatory Demyelinating * * Polyneuropathy (“CIDP”). Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * Danielle Strait, Maglio Christopher & Toale, Seattle, WA, for Petitioner Mitchell Jones, U.S. Department of Justice, Washington, DC, for Respondent DECISION ON JOINT STIPULATION1 On October 9, 2019, Joe Granado, Jr. (“Petitioner”) filed a petition, seeking compensation under the National Vaccine Injury Compensation Program (“the Vaccine Program”).2 Pet., ECF No. 1. Petitioner alleges he suffered from a Table injury of Guillain-Barré syndrome as a result of the influenza (“flu”) vaccination he received on February 13, 2017. See Stipulation ¶ 2, 4, dated April 5, 2022 (ECF No. 42); see also Petition. Petitioner also alleged he suffered from GBS or chronic inflammatory demyelinating polyneuropathy (“CIDP”) that was caused-in-fact by the flu or Tdap vaccines, or that the vaccinations significantly aggravated his injuries. See Stipulation ¶ 1 Although this Decision has been formally designated “not to be published,” it will nevertheless be posted on the Court of Federal Claims’ website in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 (2012). This means the Decision will be available to anyone with access to the internet. As provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the Decision’s inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen 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). Otherwise, the Decision in its present form will be available. Id. 2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755 (codified as amended at 42 U.S.C. §§ 300aa-10–34 (2012)) (hereinafter “Vaccine Act” or “the Act”). All subsequent references to sections of the Vaccine Act shall be to the pertinent subparagraph of 42 U.S.C. § 300aa. Case 1:19-vv-01574-UNJ Document 48 Filed 06/27/22 Page 2 of 8 4; see also Petition. He further alleged that he has experienced residual effects of this condition for more than six months. Id. Respondent denies “that the flu or Tdap vaccine caused or significantly aggravated petitioner’s alleged neurologic injuries including GBS, CIDP, or any other injury, and further denies that petitioner’s current disabilities are sequelae of a vaccine-related injury.” See Stipulation ¶ 6. Nonetheless, both parties, while maintaining their above-stated positions, agreed in a stipulation filed April 5, 2022 that the issues before them can be settled and that a decision should be entered awarding Petitioner compensation. I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth therein. The stipulation awards: a lump sum of $230,000.00 in the form of a check payable to petitioner. Stipulation ¶ 8. This award represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). I approve a Vaccine Program award in the requested amount set forth above to be made to Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of the Court is directed to enter judgment herewith.3 IT IS SO ORDERED. s/ Katherine E. Oler Katherine E. Oler Special Master 3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly filing notice renouncing their right to seek review. Case 1:19-vv-01574-UNJ Document 48 Filed 06/27/22 Page 3 of 8 Case 1:19-vv-01574-UNJ Document 48 Filed 06/27/22 Page 4 of 8 Case 1:19-vv-01574-UNJ Document 48 Filed 06/27/22 Page 5 of 8 Case 1:19-vv-01574-UNJ Document 48 Filed 06/27/22 Page 6 of 8 Case 1:19-vv-01574-UNJ Document 48 Filed 06/27/22 Page 7 of 8 Case 1:19-vv-01574-UNJ Document 48 Filed 06/27/22 Page 8 of 8