VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00111 Package ID: USCOURTS-cofc-1_20-vv-00111 Petitioner: Camila Wagner Filed: 2020-01-31 Decided: 2022-09-19 Vaccine: influenza Vaccination date: 2017-10-03 Condition: Guillain-Barré Syndrome (“GBS”), Chronic Inflammatory Demyelinating Polyneuropathy (“CIDP”) Outcome: compensated Award amount USD: 239309 AI-assisted case summary: Camila Wagner filed a petition for compensation under the National Vaccine Injury Compensation Program on January 31, 2020. Ms. Wagner alleged that she developed Guillain-Barré Syndrome (GBS) and Chronic Inflammatory Demyelinating Polyneuropathy (CIDP), along with other subsequent severe injuries, after receiving an influenza vaccine on October 3, 2017. The respondent, the Secretary of Health and Human Services, denied that the immunization caused Ms. Wagner's alleged injuries. Despite the respondent's denial, the parties reached a settlement agreement. On August 24, 2022, they filed a joint stipulation outlining the terms of the settlement. Special Master Mindy Michaels Roth adopted the stipulation. The settlement award included a lump sum of $155,000.00 payable to Camila Wagner and a lump sum of $84,309.34 to reimburse a Medicaid lien for services rendered to Ms. Wagner by the State of Colorado. This total award of $239,309.34 represents compensation for all damages available under the program. The public decision does not describe the onset of symptoms, specific clinical details, medical tests, treatments, or expert witnesses. Petitioner was represented by Emily Beth Ashe, Esq., and respondent was represented by Meghan Murphy, Esq. Theory of causation field: Camila Wagner alleged GBS and CIDP following an influenza vaccine on October 3, 2017. The respondent denied causation. The parties reached a settlement, and Special Master Mindy Michaels Roth adopted the joint stipulation on August 24, 2022. The award was $239,309.34, comprising $155,000.00 to the petitioner and $84,309.34 to reimburse a Medicaid lien. The public decision does not specify the theory of causation, the mechanism of injury, or any expert testimony. Petitioner's counsel was Emily Beth Ashe, Esq., and respondent's counsel was Meghan Murphy, Esq. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-00111-0 Date issued/filed: 2022-09-19 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 08/24/2022) regarding 59 DECISION of Special Master - Stipulation. Signed by Special Master Mindy Michaels Roth. (dkj) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-00111-UNJ Document 63 Filed 09/19/22 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-111V Filed: August 24, 2022 * * * * * * * * * * * * * CAMILA WAGNER, * UNPUBLISHED * Petitioner, * Decision on Joint Stipulation; * Guillain-Barré Syndrome * (“GBS”), Chronic * Inflammatory Demyelinating v. * Polyneuropathy (“CIDP”); * Influenza (“flu”) Vaccine. * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * Emily Beth Ashe, Esq., Anapol Weiss, Philadelphia, PA, for petitioner. Meghan Murphy, Esq., US Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Roth, Special Master: On January 31, 2020, Camila Wagner [“Ms. Wagner or “petitioner”] filed a petition for compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges that she developed Guillain-Barré Syndrome (“GBS”), Chronic Inflammatory Demyelinating 1 Although this Decision has been formally designated “unpublished,” it will nevertheless be posted on the Court of Federal Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107- 347, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). This means the Decision will be available to anyone with access to the internet. 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 whole Decision will be available to the public. Id. 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). 1 Case 1:20-vv-00111-UNJ Document 63 Filed 09/19/22 Page 2 of 8 Polyneuropathy (“CIDP”), and other subsequent severe injuries after receiving the influenza (“flu”) vaccination on October 3, 2017. Stipulation, filed August 24, 2022, at ¶¶ 1-4. Respondent denies that the aforementioned immunization caused petitioner’s injury. Stipulation at ¶ 6. Nevertheless, the parties have agreed to settle the case. On August 24, 2022, the parties filed a joint stipulation agreeing to settle this case and describing the settlement terms. Respondent agrees to issue the following payment: A. A lump sum of $155,000.00 in the form of a check payable to petitioner, Camila Wagner; and B. A lump sum of $84,309.34, representing reimbursement of a Medicaid lien for services rendered to petitioner by the State of Colorado, in the form of a check payable jointly to petitioner, Camila Wagner, and the Colorado Department of Health Care Policy and Financing: Colorado Medical Assistance Tort and Casualty Recovery Program 333 W. Hampden Ave., Suite #425 Englewood, CO 80110 Tort Case Number: 218509 This amount represents compensation for all damages that would be available under § 300aa-15(a). I adopt the parties’ stipulation attached hereto, and award compensation in the amount and on the terms set forth therein. The clerk of the court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/ Mindy Michaels Roth Mindy Michaels Roth Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice renouncing the right to seek review. 2 Case 1:20-vv-00111-UNJ Document 63 Filed 09/19/22 Page 3 of 8 Case 1:20-vv-00111-UNJ Document 63 Filed 09/19/22 Page 4 of 8 Case 1:20-vv-00111-UNJ Document 63 Filed 09/19/22 Page 5 of 8 Case 1:20-vv-00111-UNJ Document 63 Filed 09/19/22 Page 6 of 8 Case 1:20-vv-00111-UNJ Document 63 Filed 09/19/22 Page 7 of 8 Case 1:20-vv-00111-UNJ Document 63 Filed 09/19/22 Page 8 of 8