VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00336 Package ID: USCOURTS-cofc-1_22-vv-00336 Petitioner: Dorothy Pohl Filed: 2022-03-29 Decided: 2024-09-24 Vaccine: influenza Vaccination date: 2020-09-08 Condition: Guillain-Barré Syndrome Outcome: compensated Award amount USD: 150000 AI-assisted case summary: On March 29, 2022, Dorothy Pohl filed a petition alleging that she suffered Guillain-Barré Syndrome (GBS) as a result of an influenza vaccine received on September 8, 2020. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Petitioner's GBS or any other injury. Despite this denial, the parties reached a stipulation recommending an award of compensation to Petitioner. Special Master Nora Beth Dorsey reviewed the stipulation and found it to be reasonable, adopting it as the decision of the Court. Petitioner was awarded a lump sum of $150,000.00, representing compensation for all damages available under the National Vaccine Injury Compensation Program. The parties agreed to waive their right to seek review, and judgment was entered in accordance with the stipulation. Leah VaSahnja Durant represented the Petitioner, and Rachelle Bishop represented the Respondent. The decision was issued on September 24, 2024. Theory of causation field: Petitioner Dorothy Pohl alleged that she suffered Guillain-Barré Syndrome (GBS) as a result of an influenza vaccine administered on September 8, 2020. The Respondent denied causation. The parties reached a stipulation for compensation, which was approved by Special Master Nora Beth Dorsey. Petitioner was awarded $150,000.00 as a lump sum for all damages. The public decision does not describe the specific theory of causation, medical experts, onset of symptoms, diagnostic tests, treatments, or the mechanism of injury. The attorneys involved were Leah VaSahnja Durant for Petitioner and Rachelle Bishop for Respondent. The decision was based on a stipulation and entered on September 24, 2024. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_22-vv-00336-0 Date issued/filed: 2024-09-24 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 8/29/2024) regarding 43 DECISION Stipulation. Signed by Special Master Nora Beth Dorsey. (mjf) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-00336-UNJ Document 47 Filed 09/24/24 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: August 29, 2024 * * * * * * * * * * * * * * * * * * * DOROTHY POHL, * UNPUBLISHED * Petitioner, * No. 22-336V * v. * Special Master Dorsey * SECRETARY OF HEALTH * Decision Based on Stipulation; Influenza AND HUMAN SERVICES, * (“Flu”) Vaccine; Guillain-Barré Syndrome * (“GBS”). Respondent. * * * * * * * * * * * * * * * * * * * * * Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Rachelle Bishop, U.S. Department of Justice, Washington, DC, for Respondent. DECISION BASED ON STIPULATION1 On March 29, 2022, Dorothy Pohl (“Petitioner”) filed a petition in the National Vaccine Injury Program2 alleging that she suffered Guillain-Barré Syndrome (“GBS”) as a result of an influenza (“flu”) vaccine she received on September 8, 2020. Petition at Preamble (ECF No. 1). On August 29, 2024, the parties filed a stipulation recommending an award of compensation to Petitioner. Stipulation (ECF No. 42). Respondent denies that the flu vaccine caused Petitioner to develop GBS, any other injury or condition, or that Petitioner’s current 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 and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc in accordance with the E- Government Act of 2002. 44 U.S.C. § 3501 note (2018) (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, 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 (2018) (“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 1:22-vv-00336-UNJ Document 47 Filed 09/24/24 Page 2 of 7 condition is sequelae of a 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 Petitioner shall receive the following compensation: (1) A lump sum of $150,000.00 in the form of a check payable to Petitioner. 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 Petitioner’s 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 Case 1:22-vv-00336-UNJ Document 47 Filed 09/24/24 Page 3 of 7 Case 1:22-vv-00336-UNJ Document 47 Filed 09/24/24 Page 4 of 7 Case 1:22-vv-00336-UNJ Document 47 Filed 09/24/24 Page 5 of 7 Case 1:22-vv-00336-UNJ Document 47 Filed 09/24/24 Page 6 of 7 Case 1:22-vv-00336-UNJ Document 47 Filed 09/24/24 Page 7 of 7