VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01844
Package ID: USCOURTS-cofc-1_19-vv-01844
Petitioner: Paul Ware
Filed: 2019-12-04
Decided: 2022-06-27
Vaccine: influenza
Vaccination date: 2016-12-19
Condition: Guillain-Barré syndrome
Outcome: compensated
Award amount USD: 205000

AI-assisted case summary:
Paul Ware filed a petition on December 4, 2019, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that he developed Guillain-Barré syndrome (GBS) as a result of an influenza vaccine he received on December 19, 2016. The respondent denied that Mr. Ware sustained GBS, denied that he sustained a Table injury within the specified timeframe, and denied that the flu vaccine caused or significantly aggravated his alleged injury. Despite these denials, both parties agreed to settle the case through a stipulation dated April 26, 2022. Special Master Katherine E. Oler reviewed the file and adopted the parties' stipulation as her decision. The stipulation awarded Mr. Ware a lump sum of $205,000.00, payable by check to Petitioner, as compensation for all damages available under the Vaccine Program. The decision directed the Clerk of the Court to enter judgment accordingly, unless a motion for review was filed.

Theory of causation field:
Paul Ware filed a petition on December 4, 2019, alleging Guillain-Barré syndrome (GBS) following an influenza vaccine on December 19, 2016. Respondent denied GBS, a Table injury, and causation/aggravation. The parties stipulated to settle, and Special Master Katherine E. Oler adopted the stipulation. The award was a lump sum of $205,000.00. The public decision does not describe the specific theory of causation, medical experts, onset, symptoms, tests, or treatments.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01844-0
Date issued/filed: 2022-06-27
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 4/26/2022) regarding 44 DECISION of Special Master - Stipulation. Signed by Special Master Katherine E. Oler. (sl) Service on parties made.
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Case 1:19-vv-01844-UNJ Document 48 Filed 06/27/22 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1844V
(not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * *
*
*
PAUL WARE,
*
* Filed: April 26, 2022
Petitioner, *
*
*
v. * Decision by Stipulation; Damages;
* Influenza (“flu”) Vaccine; Guillain-Barré
SECRETARY OF HEALTH AND * syndrome (“GBS”)
HUMAN SERVICES, *
*
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * *
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner
Ryan D. Pyles, U.S. Department of Justice, Washington, DC, for Respondent
DECISION ON JOINT STIPULATION1
On December 4, 2019, Paul Ware (“Petitioner”), filed a petition seeking compensation
under the National Vaccine Injury Compensation Program (“the Vaccine Program”).2 Pet., ECF
No. 1. Petitioner alleged that he suffered from Guillain-Barré syndrome (“GBS”) as a result of the
influenza (“flu”) vaccine he received on December 19, 2016. See Stipulation ¶ 1, 2, dated April
26, 2022 (ECF No. 43); see also Petition.
Respondent denies “that petitioner ever sustained GBS; denies that petitioner sustained a
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-01844-UNJ Document 48 Filed 06/27/22 Page 2 of 7
Table injury within the timeframe set forth in the Table; and denies that the flu immunization
caused or significantly aggravated petitioner's alleged injury and/or any other injury.” See
Stipulation ¶ 6. Nonetheless, both parties, while maintaining their above-stated positions, agreed
in a stipulation dated April 26, 2022 that the issues before them can be settled and that a decision
should be entered awarding Petitioner compensation. ECF No. 43.
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 $205,000.00 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.

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