VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01808
Package ID: USCOURTS-cofc-1_19-vv-01808
Petitioner: Marjorie Decamara
Filed: 2019-11-26
Decided: 2024-12-30
Vaccine: influenza
Vaccination date: 2016-12-01
Condition: Guillain-Barré Syndrome
Outcome: compensated
Award amount USD: 15000

AI-assisted case summary:
Marjorie DeCamara filed a petition for compensation under the National Vaccine Injury Compensation Program on November 26, 2019, alleging that she suffered from Guillain-Barré Syndrome (GBS) as a result of receiving an influenza vaccination on December 1, 2016. Petitioner alleged that she experienced residual effects of her condition for more than six months, that no prior civil action for damages had been settled or awarded, and that the vaccine was administered in the United States. The respondent denied that petitioner developed GBS, denied that the vaccine caused her alleged demyelinating condition or any other injury, and denied that her current condition was a sequela of a vaccine-related injury. Despite these opposing positions, the parties reached a joint stipulation to settle the case, which was filed on December 3, 2024. Special Master Daniel T. Horner reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Pursuant to the stipulation, Ms. DeCamara was awarded a lump sum of $15,000.00, payable by check to petitioner, as compensation for all items of damages available under 42 U.S.C. § 300aa-15(a). This award represents a compromise of the parties' respective positions on liability and damages. The stipulation also addresses future proceedings for reasonable attorneys' fees and costs. Petitioner was represented by Lawrence R. Cohan of Saltz Mongeluzzi & Bendesky, and the respondent was represented by Joseph Douglas Leavitt of the U.S. Department of Justice. The decision was issued on December 30, 2024.

Theory of causation field:
Petitioner Marjorie DeCamara alleged Guillain-Barré Syndrome (GBS) following an influenza vaccination on December 1, 2016. The respondent denied the alleged injury and causation. The case was settled via joint stipulation, with the parties maintaining their respective positions on liability and damages. The stipulation was adopted by Special Master Daniel T. Horner on December 3, 2024, and a decision was issued on December 30, 2024. The award was a lump sum of $15,000.00 for all damages under 42 U.S.C. § 300aa-15(a). The case proceeded as a Table claim, as GBS is listed on the Vaccine Injury Table for influenza vaccines. No specific medical experts or detailed clinical information regarding the onset, symptoms, tests, or treatment were described in the public decision text. Attorneys for petitioner were Lawrence R. Cohan, and for respondent, Joseph Douglas Leavitt.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01808-0
Date issued/filed: 2024-12-30
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 12/3/2024) regarding 76 DECISION Stipulation/Proffer. Signed by Special Master Daniel T. Horner. (sh). Service on parties made.
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Case 1:19-vv-01808-UNJ Document 77 Filed 12/30/24 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1808V
Filed: December 3, 2024
MARJORIE DECAMARA,
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Lawrence R. Cohan, Saltz Mongeluzzi & Bendesky, Philadelphia, PA, for petitioner.
Joseph Douglas Leavitt, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On November 26, 2019, petitioner 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 she suffered from Guillain-Barré Syndrome
(“GBS”) as a result of her December 1, 2016 influenza (“flu”) vaccination. Petition at
ECF No. 1; Stipulation, filed December 3, 2024, at ¶¶ 2,4. Petitioner further alleges that
she has experienced the residual effects of her condition for more than six months, that
there has been no prior award or settlement of a civil action for damages as a result of
her condition, and that her vaccine was administered in the United States. Petition at ¶¶
3, 32-33; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner developed GBS;
denies that the vaccine caused petitioner’s alleged demyelinating condition, or any other
injury; and denies that her current condition is a sequela of a vaccine-related injury. ”
Stipulation at ¶ 6.
1 Because this document contains a reasoned explanation for the action taken in this case, it must be
made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government
Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic
Government Services). This means the document 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-01808-UNJ Document 77 Filed 12/30/24 Page 2 of 7
Nevertheless, on December 3, 2024, 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 the decision of the Court in 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 $15,000.00 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 § 15(a). Id.
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/Daniel T. Horner
Daniel T. Horner
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-01808-UNJ Document 77 Filed 12/30/24 Page 3 of 7
IN THE UNITED STA TES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
MARJORIE DECAMARA,
Petitioner,
V. No. l 9-l 808V (ECF)
Special Master Homer
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
1. On November 26, 2019, petitioner filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to -34 (the "Program").
The petition seeks compensation for an injury allegedly related to petitioner's receipt of the
influenza vaccine, which vaccine is contained in the Vaccine Injury Table, 42 C.F.R. § 100.3(a)
(the "Table").
2. Petitioner received an influenza vaccine on December 1, 2016.
3. The vaccine was administered within the United States.
4. Petitioner alleges that she developed Guillain-Barre Syndrome ("GBS") as a result of her
vaccination. Petitioner further alleges that she experienced the residual effects of this injury for
more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action for
damages as a result of her alleged injury.

Case 1:19-vv-01808-UNJ Document 77 Filed 12/30/24 Page 4 of 7
6. Respondent denies that petitioner developed GBS; denies that the vaccine caused
petitioner's alleged demyelinating condition, or any other injury; and denies that her current
condition is a sequela of a vaccine-related injury.
7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph eight of this Stipulation.
8. As soon as practicable after an entry of judgment reflecting a decision consistent with the
terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-2l(a)(l), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of $15,000.00 in the form of a check payable to petitioner. This
amount represents compensation for all damages that would be available under 42
U.S.C. § 300aa-l 5(a).
9. As soon as practicable after the entry of judgment on entitlement in this case, and after
petitioner has filed both a proper and timely election to receive compensation pursuant to 42
U.S.C. § 300aa-2l(a)(l), and an application, the parties will submit to further proceedings before
the special master to award reasonable attorneys' fees and costs incurred in proceeding upon this
petition.
10. Petitioner and her attorney represent that the compensation to be provided pursuant to
this Stipulation is not for any items or services for which the Program is not primarily liable
under 42 U.S.C. § 300aa-15(g), to the extent that payment has been made or can reasonably be
expected to be made under any State compensation programs, insurance policies, Federal or
State health benefits programs ( other than Title XIX of the Social Security Act ( 42 U.S.C.
§ 1396 et seq.)), or by entities that provide health services on a pre-paid basis.
2

Case 1:19-vv-01808-UNJ Document 77 Filed 12/30/24 Page 5 of 7
11. Payment made pursuant to paragraph eight and any amounts awarded pursuant to
paragraph nine of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i),
subject to the availability of sufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that, except for any award for
attorneys' fees and litigation costs, the money provided pursuant to this Stipulation will be used
solely for the benefit of petitioner as contemplated by a strict construction of 42 U.S.C. § 300aa
l 5(a) and (d ), and subject to the conditions of 42 U.S.C. § 300aa-15(g) and (h).
13. In return for the compensation described in paragraphs eight and nine, petitioner, in her
individual capacity, and on behalf of her heirs, executors, administrators, successors, or assigns,
does forever and irrevocably and unconditionally release, acquit, and discharge the United States
and the Secretary of Health and Human Services from any and all actions or causes of action
(including agreements, judgments, claims, damages, loss of services, expenses, and all demands
of whatever kind or nature) that have been brought, could have been brought, or could be timely
brought in the Court of Federal Claims, under the National Vaccine Injury Compensation
Program, 42 U.S.C. § 300aa-10 et seq., on account of, or in any way growing out of, any and all
known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting
from, or alleged to have resulted from, the influenza vaccination administered on December 1,
2016, as alleged in a petition for vaccine compensation filed on or about November 26, 2019, in
the United States Court of Federal Claims as petition No. 19-1808V.
14. If petitioner should die prior to entry of judgment, this agreement shall be voidable upon
proper notice to the Court on behalf of either or both of the parties.
15. If the Chief Special Master fails to issue a decision in complete conformity with the
terms of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity
3

Case 1:19-vv-01808-UNJ Document 77 Filed 12/30/24 Page 6 of 7
with a decision that is in complete conformity with the terms of this Stipulation, then the parties'
settlement and this Stipulation shall be voidable at the sole discretion of either party.
16. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, expect
as otherwise noted in paragraph nine above. There is absolutely no agreement on the part of the
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
Stipulation may reflect a compromise of the parties' respective positions as to liability and/or
amount of damages, and further, that a change in the nature of the injury or condition or in the
items of compensation sought, is not grounds to modify or revise this agreement.
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the influenza vaccine caused petitioner's alleged
injury or any other injury or her current disabilities, or that petitioner suffered an injury
contained in the Vaccine Injury Table.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's heirs,
executors, administrators, successors, and/or assigns.
END OF STIPULATION
4

Case 1:19-vv-01808-UNJ Document 77 Filed 12/30/24 Page 7 of 7
Respectfully submitted,
PETITIONER:
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MA,ilORIE DECAMARA
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