VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01201 Package ID: USCOURTS-cofc-1_20-vv-01201 Petitioner: James Gill Filed: 2020-09-15 Decided: 2023-04-28 Vaccine: influenza Vaccination date: 2019-10-16 Condition: Guillain-Barré syndrome (GBS) Outcome: compensated Award amount USD: 48000 AI-assisted case summary: James Gill filed a petition for compensation under the National Vaccine Injury Compensation Program on September 15, 2020, alleging that he suffered Guillain-Barré syndrome (GBS) as a result of an influenza vaccine administered on October 16, 2019. Mr. Gill alleged he received the vaccine in the United States, experienced residual effects for more than six months, and had no prior award or settlement. Respondent denied that Mr. Gill sustained a Table injury for GBS, denied that the flu vaccine caused his GBS or any other injury, and denied that his current condition was a sequelae of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on March 24, 2023, agreeing that compensation should be awarded. The court found the stipulation reasonable and adopted it as its decision. Mr. Gill was awarded a lump sum of $48,000.00 as compensation for all items of damages available under Section 15(a). Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01201-0 Date issued/filed: 2023-04-28 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 03/28/2023) regarding 36 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01201-UNJ Document 40 Filed 04/28/23 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1201V UNPUBLISHED JAMES GILL, Chief Special Master Corcoran Petitioner, Filed: March 28, 2023 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on Damages; Influenza HUMAN SERVICES, (Flu) Vaccine; Guillain-Barre Syndrome (GBS) Respondent. Diana Lynn Stadelnikas, Maglio Christopher & Toale, PA, Sarasota, FL, for Petitioner. Nancy Tinch, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On September 15, 2020, James Gill 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 he suffered Guillain-Barré syndrome (“GBS”) as a result of an influenza (“flu”) vaccine that was administered to him on October 16, 2019. Petition at 1, 3; Stipulation, filed on March 24, 2023, at ¶¶ 2, 4. Petitioner further alleges that he received the vaccine in the United States, that he experienced the residual effects of his 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 his alleged condition. Petition at 1, 3; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner sustained a Table injury for GBS; denies that the flu vaccine caused petitioner’s alleged GBS or any other injury; and denies that petitioner’s current condition is a sequelae of a vaccine-related injury.” Stipulation at ¶ 6. 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-01201-UNJ Document 40 Filed 04/28/23 Page 2 of 7 Nevertheless, on March 24, 2023, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the 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 $48,000.00 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-01201-UNJ Document 40 Filed 04/28/23 Page 3 of 7 Case 1:20-vv-01201-UNJ Document 40 Filed 04/28/23 Page 4 of 7 Case 1:20-vv-01201-UNJ Document 40 Filed 04/28/23 Page 5 of 7 Case 1:20-vv-01201-UNJ Document 40 Filed 04/28/23 Page 6 of 7 Case 1:20-vv-01201-UNJ Document 40 Filed 04/28/23 Page 7 of 7