VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00478 Package ID: USCOURTS-cofc-1_20-vv-00478 Petitioner: Jimmie Vance Filed: 2020-04-21 Decided: 2024-06-04 Vaccine: influenza Vaccination date: 2017-09-12 Condition: Guillain-Barré syndrome Outcome: compensated Award amount USD: 40125 AI-assisted case summary: On April 21, 2020, Scarlett Young, as personal representative of the Estate of Jimmie Vance, filed a petition seeking compensation under the National Vaccine Injury Compensation Program. The petition alleged that Jimmie Vance received an influenza vaccination on September 12, 2017, and subsequently suffered from Guillain-Barré syndrome (GBS) as a result of this vaccination. The petition further alleged that Mr. Vance experienced residual effects of GBS for more than six months and died from a vaccine injury on December 24, 2019. The respondent denied that the flu vaccine caused Mr. Vance to suffer from GBS or any other injury or condition, and denied that his death was vaccine-related. Despite these denials, both parties entered into a joint stipulation to settle the case, agreeing that a decision should be entered awarding compensation. Special Master Katherine E. Oler reviewed the file and found the stipulation to be reasonable, adopting it as her decision. The stipulation awarded the estate a lump sum of $34,125.00, payable to Scarlett Young as legal representative, and an additional lump sum of $6,000.00 to reimburse a Medicaid lien for services rendered to Mr. Vance by the State of Kentucky. This total award of $40,125.00 represents compensation for all damages available under the Vaccine Program. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of causation. Petitioner counsel was Bridget McCullough of Muller Brazil, LLP, and respondent counsel was Ryan Miller of the U.S. Department of Justice. Theory of causation field: Petitioner alleged that Jimmie Vance received an influenza vaccination on September 12, 2017, and subsequently developed Guillain-Barré syndrome (GBS), which led to his death on December 24, 2019. Respondent denied that the flu vaccine caused GBS or any other injury, and denied that the death was vaccine-related. The parties entered into a joint stipulation to settle the case. The Special Master adopted the stipulation, awarding $34,125.00 as a lump sum to the estate and $6,000.00 for a Medicaid lien reimbursement, totaling $40,125.00. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. The decision was issued by Special Master Katherine E. Oler on June 4, 2024. Petitioner counsel was Bridget McCullough and respondent counsel was Ryan Miller. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-00478-0 Date issued/filed: 2024-06-04 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 4/22/2024) regarding 46 DECISION of Special Master - Stipulation. Signed by Special Master Katherine E. Oler. (sl) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-00478-UNJ Document 50 Filed 06/04/24 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-478V Filed: April 22, 2024 * * * * * * * * * * * * * * * * * * * * * * * * * * * SCARLETT YOUNG, personal * representative of the Estate of JIMMIE * * VANCE, deceased, * * Petitioner, * * * v. * * SECRETARY OF HEALTH AND * HUMAN SERVICES, * * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * Bridget McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner Ryan Miller, U.S. Department of Justice, Washington, DC, for Respondent DECISION ON JOINT STIPULATION1 On April 21, 2020, Scarlett Young (“Petitioner”) filed a petition, as personal representative of the Estate of Jimmie Vance (“decedent”), seeking compensation under the National Vaccine Injury Compensation Program (“the Vaccine Program”).2 Pet., ECF No. 1. Petitioner alleges that decedent suffered from Guillain-Barré syndrome as a result of the influenza (“flu”) vaccination he received on September 12, 2017. See Stipulation ¶ 2, 4, dated April 22, 2024 (ECF No. 45); see also Petition. Petitioner further alleges that “decedent experienced the residual effects of this 1 Because this Decision contains a reasoned explanation for the action in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims’ website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (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 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 1:20-vv-00478-UNJ Document 50 Filed 06/04/24 Page 2 of 8 condition for more than six months and died as a result of a vaccine injury on December 24, 2019.” See Stipulation ¶ 4. Respondent denies “that the flu vaccine caused decedent to suffer from GBS or any other injury or condition; and denies that decedent’s death was a result of a vaccine-related injury.” See Stipulation ¶ 6. Nonetheless, both parties, while maintaining their above-stated positions, agreed in a stipulation filed April 22, 2024 that the issues before them can be settled and that a decision should be entered awarding Petitioner compensation. 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: 1. A lump sum of $34,125.00 in the form of a check payable to petitioner as legal representative of decedent’s estate; and 2. A lump sum of $6,000.00, representing reimbursement of a Medicaid lien for services rendered to decedent by the State of Kentucky, in the form of a check payable jointly to petitioner as legal representative of decedent’s estate and the Kentucky State Treasurer: Kentucky Medicaid Recovery Unit c/o Gainwell Technologies P.O. Box 2107 Frankfort, KY 40602 Medicaid #1005168716 Petitioner agrees to endorse this check payable to the Kentucky State Treasurer. 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. Case 1:20-vv-00478-UNJ Document 50 Filed 06/04/24 Page 3 of 8 Case 1:20-vv-00478-UNJ Document 50 Filed 06/04/24 Page 4 of 8 Case 1:20-vv-00478-UNJ Document 50 Filed 06/04/24 Page 5 of 8 Case 1:20-vv-00478-UNJ Document 50 Filed 06/04/24 Page 6 of 8 Case 1:20-vv-00478-UNJ Document 50 Filed 06/04/24 Page 7 of 8 Case 1:20-vv-00478-UNJ Document 50 Filed 06/04/24 Page 8 of 8