VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01867 Package ID: USCOURTS-cofc-1_19-vv-01867 Petitioner: Jacquelyn Dunaway Ferguson Filed: 2019-12-10 Decided: 2021-11-12 Vaccine: influenza Vaccination date: 2016-12-12 Condition: Guillain-Barre Syndrome (GBS) Outcome: compensated Award amount USD: 19000 AI-assisted case summary: Jacquelyn Dunaway Ferguson filed a petition on December 10, 2019, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccination she received on December 12, 2016. Ms. Ferguson stated that the vaccine was administered in the United States, that she experienced residual effects from the injury for more than six months, and that she had not received a prior award or settlement for this injury. The respondent, the Secretary of Health and Human Services, denied that Ms. Ferguson sustained a GBS Table injury, denied that the vaccine caused her GBS or any other injury, and denied that her current condition was a sequela of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on November 9, 2021, agreeing that compensation should be awarded. Chief Special Master Brian H. Corcoran reviewed the stipulation, found it reasonable, and adopted it as the court's decision. The decision awarded Ms. Ferguson a lump sum of $19,000.00, payable by check to the petitioner, as compensation for all items of damages. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or expert witnesses involved in this case. Petitioner was represented by John Leonard Shipley, and Respondent was represented by Andrew Henning. Theory of causation field: Petitioner Jacquelyn Dunaway Ferguson alleged Guillain-Barre Syndrome (GBS) following a December 12, 2016 influenza vaccination. Respondent denied a Table injury, causation, and sequela. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Brian H. Corcoran. The stipulation resulted in an award of $19,000.00. The public decision does not detail the specific theory of causation, mechanism of injury, expert testimony, or diagnostic findings. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-01867-0 Date issued/filed: 2021-12-13 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 11/12/2021) regarding 37 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-01867-UNJ Document 41 Filed 12/13/21 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1867V UNPUBLISHED JACQUELYN DUNAWAY Chief Special Master Corcoran FERGUSON, Filed: November 12, 2021 Petitioner, v. Special Processing Unit (SPU); Joint Stipulation on Damages; Influenza SECRETARY OF HEALTH AND (Flu) Vaccine; Guillain-Barre HUMAN SERVICES, Syndrome (GBS) Respondent. John Leonard Shipley, Davis, CA, for Petitioner. Andrew Henning, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On December 10, 2019, Jaqueline Dunaway Ferguson 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 Guillain-Barre Syndrome (“GBS”) as a result of her December 12, 2016 influneza (“flu”) vaccination. Petition at 1; Stipulation, filed at November 9, 2021, ¶¶ 2, 4. Petitioner further alleges the vaccine was administered within the United States, that she suffered the residual effects of her injury for more than six months, and that there has been no prior award or settlement of a civil action on her behalf as a result of her injury. Stipulation at ¶¶ 3, 4-5; see Petition at ¶¶ 2, 20-22. “Respondent denies that [P]etitioner sustained a GBS Table injury; denies that the vaccine caused [P]etitioner’s alleged GBS injury, or any other injury; and denies that her current condition is a sequela of a vaccine-related injury.” Stipulation at ¶ 6. 1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in accordance with the E- Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). This means the Decision 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Case 1:19-vv-01867-UNJ Document 41 Filed 12/13/21 Page 2 of 7 Nevertheless, on November 9, 2021, 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 my decision 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 $19,000.00 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 Section 15(a). Id. I approve the requested amount for Petitioner’s compensation. 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/Brian H. Corcoran Brian H. Corcoran Chief 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-01867-UNJ Document 41 Filed 12/13/21 Page 3 of 7 Case 1:19-vv-01867-UNJ Document 41 Filed 12/13/21 Page 4 of 7 Case 1:19-vv-01867-UNJ Document 41 Filed 12/13/21 Page 5 of 7 Case 1:19-vv-01867-UNJ Document 41 Filed 12/13/21 Page 6 of 7 Case 1:19-vv-01867-UNJ Document 41 Filed 12/13/21 Page 7 of 7