VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01709 Package ID: USCOURTS-cofc-1_19-vv-01709 Petitioner: Angela Lee Filed: 2021-04-22 Decided: 2021-06-09 Vaccine: influenza Vaccination date: 2017-10-03 Condition: Guillain-Barré syndrome (GBS) Outcome: compensated Award amount USD: 60000 AI-assisted case summary: Angela Lee filed a petition on April 22, 2021, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she developed Guillain-Barré syndrome (GBS) after receiving an influenza vaccine on October 3, 2017, and experienced residual effects for more than six months. Petitioner contended that her GBS was a Table injury or, in the alternative, that the flu vaccine caused her GBS. Respondent denied that Petitioner sustained a Table injury and denied that the flu vaccine caused her GBS or any other injury. Despite maintaining their positions, both parties agreed to settle the case. The stipulation awarded Petitioner a lump sum of $60,000.00 for all damages. Special Master Katherine E. Oler reviewed the file and found the stipulation to be reasonable, adopting it as the decision and awarding the requested compensation. Petitioner was represented by David Carney of Green & Schafle LLC, and Respondent was represented by Emilie Williams of the U.S. Department of Justice. Theory of causation field: Petitioner Angela Lee alleged Guillain-Barré syndrome (GBS) following an influenza vaccine administered on October 3, 2017. Petitioner contended that her GBS was a Table injury or, alternatively, that the flu vaccine caused her GBS. Respondent denied that Petitioner sustained a Table injury and denied that the flu vaccine caused her GBS or any other injury. The parties reached a stipulation to settle the case, with Petitioner receiving a lump sum award of $60,000.00 for all damages. Special Master Katherine E. Oler adopted the stipulation as her decision. The public text does not describe the specific mechanism of causation, expert testimony, or detailed clinical information regarding the onset, symptoms, tests, or treatments. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-01709-0 Date issued/filed: 2021-06-09 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 4/22/2021) regarding 34 DECISION of Special Master - Stipulation. Signed by Special Master Katherine E. Oler. (sl) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-01709-UNJ Document 38 Filed 06/09/21 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1709V (not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * * * * ANGELA LEE, * * Filed: April 22, 2021 Petitioner, * * * v. * Decision by Stipulation; Damages; * Influenza (“Flu”) Vaccine; Guillain-Barré SECRETARY OF HEALTH AND * syndrome (“GBS”). HUMAN SERVICES, * * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * David Carney, Green & Schafle LLC, Philadelphia, PA, for Petitioner Emilie Williams, U.S. Department of Justice, Washington, DC, for Respondent DECISION ON JOINT STIPULATION1 On November 9, 2019, Angela Lee (“Petitioner”) filed a petition, seeking compensation under the National Vaccine Injury Compensation Program (“the Vaccine Program”).2 Pet., ECF No. 1. Petitioner alleges she developed Guillain-Barré syndrome (“GBS”) within the time period set forth in the Table, or in the alternative, that her alleged GBS was caused by the flu vaccination she received on October 3, 2017; she further alleges that she experienced residual effects of this condition for more than six months. See Stipulation ¶ 2, 4, dated April 22, 2021 (ECF No. 33); see also Petition. 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-01709-UNJ Document 38 Filed 06/09/21 Page 2 of 7 Respondent denies “that petitioner sustained a Table injury, and denies that the flu vaccine is the cause of petitioner’s alleged GBS, chronic inflammatory demyelinating polyneuropathy (“CIDP”), or any other injury or her current condition.” See Stipulation ¶ 6. Nonetheless, both parties, while maintaining their above-stated positions, agreed in a stipulation filed April 22, 2021 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 $60,000.00 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-01709-UNJ Document 38 Filed 06/09/21 Page 3 of 7 Case 1:19-vv-01709-UNJ Document 38 Filed 06/09/21 Page 4 of 7 Case 1:19-vv-01709-UNJ Document 38 Filed 06/09/21 Page 5 of 7 Case 1:19-vv-01709-UNJ Document 38 Filed 06/09/21 Page 6 of 7 Case 1:19-vv-01709-UNJ Document 38 Filed 06/09/21 Page 7 of 7