VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00276 Package ID: USCOURTS-cofc-1_20-vv-00276 Petitioner: Kevin Pickard Filed: 2020-03-12 Decided: 2022-10-27 Vaccine: influenza Vaccination date: Condition: Guillain Barré Syndrome (“GBS”) and chronic inflammatory demyelinating polyneuropathy (“CIDP”) Outcome: compensated Award amount USD: 471733 AI-assisted case summary: Kevin Pickard filed a petition alleging that the influenza vaccine caused him to develop Guillain-Barré Syndrome (GBS) and chronic inflammatory demyelinating polyneuropathy (CIDP), with residual effects lasting over six months. The vaccine is listed on the Vaccine Injury Table, making this a Table claim. Respondent denied that the flu vaccine caused Mr. Pickard's conditions. Despite the denial, the parties reached a joint stipulation for compensation. The court adopted the stipulation, awarding Mr. Pickard a total of $471,733.80. This amount includes $271,733.80 as a lump sum for first-year life care expenses, pain and suffering, lost wages, and past unreimbursable expenses. An additional $200,000.00 was awarded to reimburse a lien for services rendered by the Pennsylvania Department of Human Services. The award also covers the purchase of an annuity contract for future damages. The court directed that judgment be entered according to this decision and the stipulation. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-00276-0 Date issued/filed: 2022-11-14 Pages: 11 Docket text: PUBLIC DECISION (Originally filed: ) regarding 71 DECISION Stipulation/Proffer, Signed by Special Master Christian J. Moran. (cjaj) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-00276-UNJ Document 75 Filed 11/14/22 Page 1 of 11 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * KEVIN PICKARD, * * No. 20-276v Petitioner, * Special Master Christian J. Moran * v. * Filed: October 27, 2022 * SECRETARY OF HEALTH * Stipulation; influenza vaccine; AND HUMAN SERVICES, * chronic inflammatory demyelinating * polyneuropathy (“CIDP”); * Guillain Barré syndrome (“GBS”). * Respondent. * * * * * * * * * * * * * * * * * * * * * * Emily Ashe, Anapol Weiss, Philadelphia, PA, for Petitioner; Katherine C. Esposito, United States Dep’t of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION1 On October 27, 2022, the parties filed a joint stipulation concerning the petition for compensation filed by Kevin Pickard on March 12, 2020. Petitioner alleged that the influenza (“flu”) vaccine which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), caused him to suffer Guillain-Barré Syndrome (“GBS”) and chronic inflammatory demyelinating polyneuropathy (“CIDP”). 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 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 1:20-vv-00276-UNJ Document 75 Filed 11/14/22 Page 2 of 11 award or settlement of a civil action for damages on his behalf as a result of his condition. Respondent denies that the flu vaccine either caused petitioner to suffer from GBS, CIDP, 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 $271,733.80 in the form of a check payable to petitioner. This amount represents compensation for combined first-year life care expenses, pain and suffering, lost wages, and past unreimbursable expenses. b. A lump sum payment of $200,000.00 in the form of a check payable to petitioner and the Department of Human Services. This amount represents reimbursement of a lien for services rendered on behalf of petitioner by the Pennsylvania Department of Human Services. Payment to Department of Human Services may be sent to Department of Human Services Bureau of Program Integrity/TPL P.O. Box 8486 Harrisburg, PA 17105-8486 CIS#: 130175725 Attn: Tony Calaman c. 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. (“Life Insurance Company”). These amounts represent compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). 2 Case 1:20-vv-00276-UNJ Document 75 Filed 11/14/22 Page 3 of 11 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. 3 Case 1:20-vv-00276-UNJ Document 75 Filed 11/14/22 Page 4 of 11 Case 1:20-vv-00276-UNJ Document 75 Filed 11/14/22 Page 5 of 11 Case 1:20-vv-00276-UNJ Document 75 Filed 11/14/22 Page 6 of 11 Case 1:20-vv-00276-UNJ Document 75 Filed 11/14/22 Page 7 of 11 Case 1:20-vv-00276-UNJ Document 75 Filed 11/14/22 Page 8 of 11 Case 1:20-vv-00276-UNJ Document 75 Filed 11/14/22 Page 9 of 11 Case 1:20-vv-00276-UNJ Document 75 Filed 11/14/22 Page 10 of 11 Case 1:20-vv-00276-UNJ Document 75 Filed 11/14/22 Page 11 of 11