VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01200 Package ID: USCOURTS-cofc-1_20-vv-01200 Petitioner: Linda B. Haston Filed: 2022-11-15 Decided: 2022-12-16 Vaccine: influenza Vaccination date: 2018-10-03 Condition: Guillain-Barré syndrome Outcome: compensated Award amount USD: 60000 AI-assisted case summary: Linda B. Haston filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered Guillain-Barré syndrome (GBS) as a result of a flu vaccine administered on October 3, 2018. She stated that she received the vaccine in the United States, experienced residual effects for more than six months, and had no prior award or settlement for her condition. Respondent denied that Petitioner sustained a GBS Table injury or that the flu vaccine caused her GBS. Despite the denial, the parties filed a joint stipulation agreeing that compensation should be awarded. The court found the stipulation reasonable and adopted it as its decision. Linda B. Haston was awarded a lump sum of $60,000.00, representing compensation for all items of damages available under Section 15(a) of the Vaccine Act. The decision was issued on December 16, 2022, following the petition filed on November 15, 2022. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01200-0 Date issued/filed: 2022-12-16 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 11/15/2022) regarding 39 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01200-UNJ Document 40 Filed 12/16/22 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1200V UNPUBLISHED LINDA B. HASTON, Chief Special Master Corcoran Petitioner, Filed: November 15, 2022 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on Damages; Influenza HUMAN SERVICES, (Flu) Vaccine; Guillain-Barre Syndrome (GBS) Respondent. Timothy James Lessman, Knuston & Casey Law Firm, Mankato, MN, for Petitioner. Althea Walker Davis, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On September 15, 2020, Linda B. Haston 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-Barré syndrome as a result of a flu vaccine that was administered on October 3, 2018. Petition at 1; Stipulation, filed on November 10, 2022, at ¶¶ 2, 4. Petitioner further alleges that she received the vaccine in the United States, that she experienced the residual effects of her injury for more than six months, and there has been no prior award or settlement of a civil action for damages as a result of her alleged condition. Petition at 3; Stipulation at ¶¶ 3-5. “Respondent denies [P]etitioner sustained a GBS Table injury, and denies that the flu vaccine caused [P]etitioner’s alleged GBS or any other injury or her current condition.” Stipulation at ¶ 6. Nevertheless, on November 10, 2022, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the 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 1:20-vv-01200-UNJ Document 40 Filed 12/16/22 Page 2 of 7 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 $60,000.00 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 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 1:20-vv-01200-UNJ Document 40 Filed 12/16/22 Page 3 of 7 Case 1:20-vv-01200-UNJ Document 40 Filed 12/16/22 Page 4 of 7 Case 1:20-vv-01200-UNJ Document 40 Filed 12/16/22 Page 5 of 7 Case 1:20-vv-01200-UNJ Document 40 Filed 12/16/22 Page 6 of 7 Case 1:20-vv-01200-UNJ Document 40 Filed 12/16/22 Page 7 of 7