VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-02114 Package ID: USCOURTS-cofc-1_21-vv-02114 Petitioner: Marsha Kessler Bradshaw Filed: 2023-01-11 Decided: 2023-02-10 Vaccine: influenza Vaccination date: 2018-10-31 Condition: Guillain-Barré Syndrome (GBS) Outcome: compensated Award amount USD: 82000 AI-assisted case summary: Marsha Kessler Bradshaw filed a petition for compensation under the National Vaccine Injury Compensation Program on January 11, 2023, alleging she suffered from Guillain-Barré Syndrome (GBS) as a result of an influenza vaccination received on October 31, 2018. She further alleged that her vaccine-related injury lasted longer than six months. Respondent denied that Petitioner sustained a GBS Table injury, denied that the vaccine caused her GBS or any other injury, and denied that her current condition was a sequela of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on January 11, 2023, agreeing that compensation should be awarded. Chief Special Master Corcoran found the stipulation reasonable and adopted it as the decision awarding damages. The decision awards Marsha Kessler Bradshaw a lump sum of $82,000.00, representing compensation for all items of damages available under Section 15(a) of the Vaccine Act. Judgment was to be entered in accordance with this decision. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-02114-0 Date issued/filed: 2023-02-10 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 01/11/2023) regarding 24 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-02114-UNJ Document 28 Filed 02/10/23 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-2114V UNPUBLISHED MARSHA KESSLER BRADSHAW, Chief Special Master Corcoran Petitioner, Filed: January 11, 2023 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on Damages; Influenza HUMAN SERVICES, (Flu) Vaccine; Guillain-Barre Syndrome (GBS) Respondent. Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Emily H. Manoso, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On October 29, 2021, Marsha Kessler Bradshaw 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 she suffered from Guillain-Barré Syndrome (“GBS”) as a result of an influenza vaccination she received on October 31, 2018. Petition at 1; Stipulation, filed at January 11, 2023, ¶¶2, 4. Petitioner further alleges that her vaccine-related injury last longer than six months. Petition at ¶5; Stipulation at ¶4. Respondent denies “that Petitioner sustained a GBS Table injury; denies that the vaccine caused Petitioner’s GBS, or any other injury; and denies that her current condition is a sequela of a vaccine-related injury.” Stipulation at ¶6. Nevertheless, on January 11, 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 1:21-vv-02114-UNJ Document 28 Filed 02/10/23 Page 2 of 7 Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $82,000.00 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 1:21-vv-02114-UNJ Document 28 Filed 02/10/23 Page 3 of 7 Case 1:21-vv-02114-UNJ Document 28 Filed 02/10/23 Page 4 of 7 Case 1:21-vv-02114-UNJ Document 28 Filed 02/10/23 Page 5 of 7 Case 1:21-vv-02114-UNJ Document 28 Filed 02/10/23 Page 6 of 7 Case 1:21-vv-02114-UNJ Document 28 Filed 02/10/23 Page 7 of 7