VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01495 Package ID: USCOURTS-cofc-1_20-vv-01495 Petitioner: Rodney Burrill Filed: 2020-10-29 Decided: 2023-03-28 Vaccine: influenza Vaccination date: 2018-10-05 Condition: Guillain-Barre Syndrome (GBS) Outcome: compensated Award amount USD: 150000 AI-assisted case summary: Rodney Burrill filed a petition for compensation under the National Vaccine Injury Compensation Program on October 29, 2020. He alleged that he suffered from Guillain-Barre Syndrome (GBS) as a result of an influenza vaccination he received on October 5, 2018, and that his vaccine-related injuries lasted more than six months. The respondent denied that Mr. Burrill sustained GBS, denied that it was caused by the flu vaccine, and denied any other injury. Despite these denials, on February 21, 2023, the parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Brian H. Corcoran reviewed the stipulation, found it reasonable, and adopted it as his decision. The decision awards Rodney Burrill a lump sum of $150,000.00, payable by check, as compensation for all items of damages. The public decision does not describe the specific onset of symptoms, clinical course, diagnostic tests, treatments, or any expert witnesses. Petitioner was represented by Jessica Olins of Maglio Christopher & Toale, PA, and Respondent was represented by Kyle Edward Pozza of the U.S. Department of Justice. Theory of causation field: Petitioner Rodney Burrill alleged that he suffered from Guillain-Barre Syndrome (GBS) as a result of an influenza (flu) vaccine received on October 5, 2018, and that the injury lasted more than six months. Respondent denied the alleged GBS, its causation by the vaccine, and any other injury. The parties filed a joint stipulation on February 21, 2023, agreeing to an award of compensation. Chief Special Master Brian H. Corcoran adopted the stipulation as his decision. The public text does not specify the theory of causation, any medical experts, or the mechanism of injury. The award was a lump sum of $150,000.00 for all damages. The decision date was March 28, 2023, based on the stipulation filed February 21, 2023. Petitioner's counsel was Jessica Olins, and Respondent's counsel was Kyle Edward Pozza. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01495-0 Date issued/filed: 2023-03-28 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 02/21/2023) regarding 44 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01495-UNJ Document 48 Filed 03/28/23 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1495V UNPUBLISHED RODNEY BURRILL, Chief Special Master Corcoran Petitioner, Filed: February 21, 2023 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on Damages; Influenza HUMAN SERVICES, (Flu) Vaccine; Guillain-Barre Syndrome (GBS) Respondent. Jessica Olins, Maglio Christopher & Toale, PA, Washington, DC, for Petitioner. Kyle Edward Pozza, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On October 29, 2020, Rodney Burrill 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 from Guillain-Barre Syndrome (“GBS”) as a result of an influenza vaccination he received on October 5, 2018. Petition at ¶¶6, 21; Stipulation, filed at February 21, 2023, ¶¶2, 4. Petitioner further alleges that his “vaccine-related injuries have lasted more than six months.” Petition at ¶22; Stipulation at ¶4. Respondent denies “that Petitioner sustained GBS, denies that Petitioner’s alleged GBS was caused by the flu vaccine, and denies that the flu vaccine caused Petitioner any other injury or his current condition.” Stipulation at ¶6. Nevertheless, on February 21, 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. 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-01495-UNJ Document 48 Filed 03/28/23 Page 2 of 7 Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $150,000.00 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-01495-UNJ Document 48 Filed 03/28/23 Page 3 of 7 Case 1:20-vv-01495-UNJ Document 48 Filed 03/28/23 Page 4 of 7 Case 1:20-vv-01495-UNJ Document 48 Filed 03/28/23 Page 5 of 7 Case 1:20-vv-01495-UNJ Document 48 Filed 03/28/23 Page 6 of 7 Case 1:20-vv-01495-UNJ Document 48 Filed 03/28/23 Page 7 of 7