VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01792
Package ID: USCOURTS-cofc-1_20-vv-01792
Petitioner: J.S.
Filed: 2022-08-02
Decided: 2022-09-02
Vaccine: influenza
Vaccination date: 2018-01-25
Condition: Guillain-Barré Syndrome (GBS)
Outcome: compensated
Award amount USD: 65000

AI-assisted case summary:
David Stewart, as parent and natural guardian of J.S., a minor, filed a petition for compensation under the National Vaccine Injury Compensation Program on August 2, 2022. J.S. allegedly suffered Guillain-Barré Syndrome (GBS) caused by an influenza vaccine received on January 25, 2018. The petition stated that J.S. received the vaccine in the United States, suffered residual effects of GBS for at least six months, and that no civil action had been filed or award received for this injury. The respondent denied that J.S. sustained a Table injury, denied that the vaccine caused J.S.'s GBS or any other injury, and denied that J.S.'s current condition was a sequela of a vaccine-related injury. Despite the respondent's denials, the parties filed a joint stipulation for compensation on August 1, 2022. Chief Special Master Brian H. Corcoran reviewed the stipulation, found it reasonable, and adopted it as the decision awarding damages. The award included a lump sum of $65,000.00 to purchase an annuity contract, representing compensation for all items of damages available under Section 15(a). Judgment was to be entered in accordance with this decision. The public decision does not describe J.S.'s specific symptoms, onset, medical tests, treatments, or the mechanism of causation. Petitioner counsel was Maximillian J. Muller of Muller Brazil, LLP, and respondent counsel was Naseem Kourosh of the U.S. Department of Justice.

Theory of causation field:
The petitioner alleged that J.S. suffered Guillain-Barré Syndrome (GBS) caused by an influenza vaccine received on January 25, 2018. The respondent denied that J.S. sustained a Table injury, denied that the vaccine caused J.S.'s GBS or any other injury, and denied that J.S.'s current condition was a sequela of a vaccine-related injury. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Brian H. Corcoran. The stipulation resulted in an award of $65,000.00 to purchase an annuity contract, representing compensation for all items of damages available under Section 15(a). The public text does not name specific experts, describe the medical mechanism of GBS causation by the vaccine, or detail the specific evidence considered beyond the joint stipulation.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01792-0
Date issued/filed: 2022-09-02
Pages: 9
Docket text: PUBLIC DECISION (Originally filed: 08/02/2022) regarding 33 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:20-vv-01792-UNJ Document 37 Filed 09/02/22 Page 1 of 9
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1792V
UNPUBLISHED
DAVID STEWART, as parent and Chief Special Master Corcoran
natural guardian of J.S., a minor,
Filed: August 2, 2022
Petitioner,
v. Special Processing Unit (SPU); Joint
Stipulation on Damages; Influenza
SECRETARY OF HEALTH AND (Flu) Vaccine; Guillain-Barre
HUMAN SERVICES, Syndrome (GBS)
Respondent.
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Naseem Kourosh, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On December 7, 2020, David Stewart, as parent and natural guardian of J.S., a
minor, filed a petition for compensation under the National Vaccine Injury Compensation
Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”), on behalf of J.S. Petitioner
alleges that J.S. suffered Guillain-Barré Syndrome (“GBS”) caused by the influenza
vaccine J.S. received on January 25, 2018. Petition at 1, ¶¶ 2, 17; Stipulation, filed at
Aug. 1, 2022, ¶¶ 1-2, 4. Petitioner further alleges that J.S. received the vaccine in the
United States, that J.S. suffered the residual effects of GBS for at least six months, and
that neither Petitioner nor any other party has filed a civil action or received an award for
J.S.’s GBS, alleged as vaccine caused. Petition at ¶¶ 2, 17-19; Stipulation at ¶¶ 3-5.
“Respondent denies that J.S. sustained a Table injury; denies that the vaccine caused
J.S.’s alleged GBS, or any other injury; and denies that J.S.’s current condition is a
sequela 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-01792-UNJ Document 37 Filed 09/02/22 Page 2 of 9
Nevertheless, on August 1, 2022, 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 $65,000.00 to purchase the annuity contract described in
paragraph 10 of the Stipulation, paid to the life insurance company from
which the annuity will be purchased. 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

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