VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01255
Package ID: USCOURTS-cofc-1_20-vv-01255
Petitioner: Edward T. Canavan
Filed: 2020-09-23
Decided: 2023-02-16
Vaccine: influenza
Vaccination date: 2017-09-27
Condition: Guillain-Barré Syndrome
Outcome: compensated
Award amount USD: 143770

AI-assisted case summary:
Edward T. Canavan, an adult, received an influenza vaccine on September 27, 2017. His estate, represented by June T. Taylor and Edward Timothy Canavan, filed a petition alleging that Mr. Canavan suffered from Guillain-Barré Syndrome (GBS) as a result of the vaccine. The petition was filed on September 23, 2020. Respondent denied that the flu vaccine caused Mr. Canavan's alleged GBS or any other injury or his death. The parties, however, reached a stipulation recommending an award of compensation. The stipulation stated that Mr. Canavan's death was not alleged to be a sequela of the vaccine-related injury. The court adopted the stipulation as the decision of the Court in awarding damages. Petitioners were awarded a lump sum of $143,770.00, payable to the estate, as compensation for all damages available under the National Vaccine Injury Program. The decision was based on this stipulation, and judgment was entered accordingly.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01255-0
Date issued/filed: 2023-02-16
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 12/15/2022) regarding 40 DECISION Stipulation. Signed by Special Master Nora Beth Dorsey. (mjf) Service on parties made.
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Case 1:20-vv-01255-UNJ Document 44 Filed 02/16/23 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: December 15, 2022
* * * * * * * * * * * * * * * * * * *
JUNE T. TAYLOR and EDWARD *
TIMOTHY CANAVAN, as Personal * UNPUBLISHED
Representatives of the ESTATE OF *
EDWARD T. CANAVAN, *
Petitioners, * No. 20-1255V
*
v. * Special Master Dorsey
*
SECRETARY OF HEALTH * Decision Based on Stipulation; Influenza
AND HUMAN SERVICES, * (“Flu”) Vaccine; Guillain-Barré Syndrome
* (“GBS”).
Respondent. *
*
* * * * * * * * * * * * * * * * * * *
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioners.
Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION BASED ON STIPULATION1
On September 23, 2020, June T. Taylor and Timothy Canavan (“Petitioners”), as
personal representatives of the estate of Edward T. Canavan (“Mr. Canavan”), filed a petition in
the National Vaccine Injury Program2 alleging that Mr. Canavan suffered from Guillain-Barré
Syndrome (“GBS”) as a result of an influenza (“flu”) vaccine he received on September 27,
2017. Petition at Preamble (ECF No. 1).
1 Because this Decision contains a reasoned explanation for the action in this case, the
undersigned is 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),
Petitioners have 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, the
undersigned agrees that the identified material fits within this definition, the undersigned will
redact such material from public access.
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National
Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended,
42 U.S.C. §§ 300aa-10 to -34 (2012) (“Vaccine Act” or “the Act”). All citations in this Decision
to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.
1

Case 1:20-vv-01255-UNJ Document 44 Filed 02/16/23 Page 2 of 7
On December 15, 2022, the parties filed a stipulation recommending an award of
compensation to Petitioners. Stipulation (ECF No. 39). Respondent denies that the flu vaccine
caused Mr. Canavan’s alleged GBS, or any other injury, or his death. Petitioners do not allege
that Mr. Canavan’s death was the sequela of his alleged vaccine-related injury. Nevertheless, the
parties agree to the joint stipulation, attached hereto as Appendix A. The undersigned finds the
stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the
terms set forth therein.
The parties stipulate that Petitioners shall receive the following compensation:
(1) A lump sum of $143,770.00 in the form of a check payable to Petitioners as legal
representatives of the Estate of Edward T. Canavan.
This amount represents compensation for all damages that would be available under 42
U.S.C. § 300aa-15(a). Stipulation at ¶ 8.
The undersigned approves the requested amount for Petitioners’ compensation.
Accordingly, an award should be made consistent with the stipulation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of
Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3
IT IS SO ORDERED.
s/Nora B. Dorsey
Nora B. Dorsey
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2

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