VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-02040 Package ID: USCOURTS-cofc-1_21-vv-02040 Petitioner: Zhuoyi Qiu Filed: 2021-10-19 Decided: 2023-06-27 Vaccine: influenza Vaccination date: 2018-10-23 Condition: Guillain-Barré Syndrome (“GBS”) and/or Chronic Inflammatory Demyelinating Polyneuropathy (“CIDP”) Outcome: compensated Award amount USD: 75000 AI-assisted case summary: On October 19, 2021, Zhuoyi Qiu filed a petition under the National Vaccine Injury Compensation Program alleging that he suffered from Guillain-Barré Syndrome (GBS) and/or Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) as a result of receiving an influenza vaccine on October 23, 2018. Alternatively, Mr. Qiu alleged that the flu vaccination significantly aggravated a pre-existing GBS/CIDP condition and that he experienced residual effects for more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused or aggravated Mr. Qiu's condition and denied that his current condition was a sequelae of a vaccine-related injury. Despite maintaining their respective positions, both parties agreed to settle the case. Chief Special Master Brian H. Corcoran reviewed the file and adopted the parties' stipulation. The stipulation awarded Mr. Qiu a lump sum of $75,000.00, payable by check, as compensation for all damages. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or expert witnesses. Petitioner was represented by Jeffrey S. Pop of Jeffrey S. Pop & Associates, and Respondent was represented by Matthew Murphy of the U.S. Department of Justice. Theory of causation field: Petitioner Zhuoyi Qiu alleged that an October 23, 2018, influenza vaccination caused Guillain-Barré Syndrome (GBS) and/or Chronic Inflammatory Demyelinating Polyneuropathy (CIDP), or alternatively, significantly aggravated a prior GBS/CIDP condition, resulting in residual effects for over six months. Respondent denied causation and aggravation. The parties stipulated to settle the case, with Chief Special Master Brian H. Corcoran adopting the stipulation. The award was $75,000.00. The public decision does not specify the medical mechanism, expert testimony, or detailed evidence supporting the petitioner's theory. The case was filed on October 19, 2021, and the decision was issued on June 27, 2023. Petitioner's counsel was Jeffrey S. Pop, and Respondent's counsel was Matthew Murphy. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-02040-0 Date issued/filed: 2023-06-27 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 06/02/2023) regarding 29 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (saj) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-02040-UNJ Document 33 Filed 06/27/23 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-2040V * * * * * * * * * * * * * * * * * * * * * * * * * * Special Master Corcoran ZHUOYI QIU, * * Petitioner, * Filed: June 2, 2023 * v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner. Matthew Murphy, U.S. Dep’t of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On October 19, 2021, Zhuoyi Qui filed a petition seeking compensation under the National Vaccine Injury Compensation Program (“Vaccine Program”).2 Petitioner alleges that he suffered from Guillain-Barré Syndrome (“GBS”) and/or Chronic Inflammatory Demyelinating Polyneuropathy (“CIDP”) as a result of his October 23, 2018, receipt of the influenza (“flu”) vaccine. In the alternative, Petitioner alleges the flu vaccination significantly aggravated his prior GBS/CIDP. Moreover, Petitioner alleges that he experienced residual effects of this injury for more than six months. Respondent denies that the flu vaccine caused or significantly aggravated Petitioner’s alleged GBS and/or CIDP; denies that the flu vaccine significantly aggravated any injury; and 1 In accordance with Vaccine Rule 18(b), Petitioner has fourteen days to identify and move to redact from the Decision 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. Otherwise, the whole Decision will be available to the public. 2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3758, codified as amended at 42 U.S.C. §§ 300aa-10 through 34 (2012) (“Vaccine Act” or “the Act”). Individual section references hereafter will be to § 300aa of the Act (but will omit that statutory prefix). Case 1:21-vv-02040-UNJ Document 33 Filed 06/27/23 Page 2 of 2 denies that Petitioner’s current condition is a sequelae of a vaccine-related injury. Nonetheless both parties, while maintaining their above-stated positions, agreed in a stipulation (filed on June 2, 2023) that the issues before them could be settled, and that a decision should be entered awarding Petitioner compensation. I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation (as attached hereto) is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth therein. The stipulation awards: • A lump sum of $75,000.00 in the form of a check payable to Petitioner. Stipulation ¶ 8. This amount represents compensation for all damages that would be available under Section 15(a) of the Act. I approve a Vaccine Program award in the requested amount set forth above to be made to Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the Court is directed to enter judgment herewith.3 IT IS SO ORDERED. /s/ Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately) a notice renouncing their right to seek review. 2