VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01996 Package ID: USCOURTS-cofc-1_19-vv-01996 Petitioner: Bruce Isenor Filed: 2019-12-30 Decided: 2021-06-17 Vaccine: Tetanus Vaccination date: 2018-11-19 Condition: Guillain-Barré Syndrome (“GBS”) Outcome: compensated Award amount USD: 130000 AI-assisted case summary: Bruce Isenor filed a petition on December 30, 2019, alleging that the Prevnar 13 and Tetanus vaccines he received on November 19, 2018, caused him to suffer Guillain-Barré Syndrome (GBS) and its residual effects for more than six months. The respondent denied that the vaccines caused GBS or any other injury. The parties filed a joint stipulation on June 15, 2021, agreeing to compensation. The stipulation stated that the vaccines are on the Vaccine Injury Table. The court adopted the stipulation as its decision, awarding a lump sum of $130,000.00 for combined first-year life care expenses, pain and suffering, and past unreimbursable expenses. An additional amount was awarded to purchase an annuity contract. The case was compensated based on the stipulation. Petitioner counsel was Kathleen M. Loucks, and respondent counsel was Darryl R. Wishard. Special Master Christian J. Moran issued the decision on June 17, 2021. Theory of causation field: Petitioner Bruce Isenor alleged that the Prevnar 13 and Tetanus vaccines administered on November 19, 2018, caused Guillain-Barré Syndrome (GBS) and residual effects lasting over six months. The respondent denied causation. The parties submitted a joint stipulation, which the Special Master adopted as the decision. The stipulation indicated that the vaccines are listed on the Vaccine Injury Table. The award included a lump sum of $130,000.00 for first-year life care expenses, pain and suffering, and past unreimbursable expenses, plus an amount to purchase an annuity. The public decision does not detail the specific mechanism of injury, expert testimony, or clinical findings. The case was compensated based on the stipulation. Special Master Christian J. Moran issued the decision on June 17, 2021. Petitioner counsel was Kathleen M. Loucks, and respondent counsel was Darryl R. Wishard. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-01996-0 Date issued/filed: 2021-07-02 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 6/17/2021) regarding 65 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (Attachments: # (1) Appendix Joint Stipulation) (jmw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-01996-UNJ Document 69 Filed 07/02/21 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * BRUCE ISENOR, * * No. 19-1996V Petitioner, * Special Master Christian J. Moran * v. * Filed: June 17, 2021 * SECRETARY OF HEALTH * Stipulation; Tetanus vaccine; AND HUMAN SERVICES, * Prevnar 13 vaccine; * Guillain-Barré syndrome (“GBS”). * Respondent. * * * * * * * * * * * * * * * * * * * * * * Kathleen M. Loucks, Lommen Abdo Law Firm, Minneapolis, MN, for Petitioner; Darryl R. Wishard, United States Dep’t of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION1 On June 15, 2021, the parties filed a joint stipulation concerning the petition for compensation filed by Bruce Isenor on December 30, 2019. Petitioner alleged that the Prevnar 13 and Tetanus vaccines he received on November 19, 2018, which are contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), caused him to suffer Guillain-Barré Syndrome (“GBS”). Petitioner further alleges that he suffered the residual effects of this injury for more than six months. Petitioner represents that there has been no prior award or settlement of a civil action for damages on his behalf as a result of his condition. 1 The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special master will appear in the document posted on the website. Case 1:19-vv-01996-UNJ Document 69 Filed 07/02/21 Page 2 of 2 Respondent denies that the vaccines either caused petitioner to suffer from GBS or any other injury or his current condition. Nevertheless, the parties agree to the joint stipulation, attached hereto. The undersigned finds said stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. Damages awarded in that stipulation include: a. A lump sum payment of $130,000.00 in the form of a check payable to petitioner. This amount represents compensation for combined first-year life care expenses, pain and suffering, and past unreimbursable expenses. b. An amount sufficient to purchase the annuity contract described in paragraph 10 of the stipulation, paid to the life insurance company from which the annuity will be purchased. These amounts represent compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment according to this decision and the attached stipulation.2 IT IS SO ORDERED. s/Christian J. Moran Christian J. Moran Special Master 2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each party filing a notice renouncing the right to seek review by a United States Court of Federal Claims judge. 2