VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00705 Package ID: USCOURTS-cofc-1_22-vv-00705 Petitioner: Mark Smith Filed: 2022-06-26 Decided: 2023-07-24 Vaccine: influenza Vaccination date: 2020-09-22 Condition: Guillain-Barré Syndrome (“GBS”) and/or Transverse Myelitis (“TM”) Outcome: compensated Award amount USD: 125000 AI-assisted case summary: Mark Smith filed a petition on June 26, 2023, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that he suffered Guillain-Barré Syndrome (GBS) and/or Transverse Myelitis (TM) as a result of receiving an influenza vaccine on September 22, 2020, and that he experienced residual effects for more than six months. The respondent denied that the flu vaccine caused Petitioner's condition and denied that it was a Table injury. Despite these positions, both parties agreed to settle the case through a stipulation filed on June 26, 2023. Chief Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable, adopting it as the decision awarding damages. The stipulation awarded Mark Smith a lump sum of $125,000.00, payable by check, as compensation for all damages. Petitioner's counsel was Jessica E. Choper of Britcher Leone and Sergio, L.L.C., and respondent's counsel was Michael Joseph Lang of the U.S. Dep’t of Justice. The public decision does not describe the onset of symptoms, specific clinical details, or expert testimony. Theory of causation field: Petitioner Mark Smith alleged that an influenza vaccine administered on September 22, 2020, caused Guillain-Barré Syndrome (GBS) and/or Transverse Myelitis (TM), with residual effects lasting over six months. Respondent denied causation and that the injury was a Table injury. The parties reached a stipulation to settle the case, agreeing to an award of $125,000.00. Chief Special Master Brian H. Corcoran adopted the stipulation as the decision. The public text does not detail the specific mechanism of injury, expert testimony, or clinical findings supporting either party's position, relying instead on the parties' agreement to resolve the matter. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_22-vv-00705-0 Date issued/filed: 2023-07-24 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 06/26/2023) regarding 29 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (saj) Service on parties made. Modified on 7/25/2023 to correct PDF (tjk). -------------------------------------------------------------------------------- Case 1:22-vv-00705-UNJ Document 32 Filed 07/24/23 Page 1 of 7 CORRECTED In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-705V * * * * * * * * * * * * * * * * * * * * * * * * * * Chief Special Master Corcoran MARK SMITH, * * Petitioner, * Filed: June 26, 2023 * v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * Jessica E. Choper, Britcher Leone and Sergio, L.L.C., Glen Rock, NJ, for Petitioner. Michael Joseph Lang, U.S. Dep’t of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On June 23, 2022, Mark Smith 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 Transverse Myelitis (“TM”) as a result of his September 22, 2020, receipt of the influenza (“flu”) vaccine. Moreover, Petitioner alleges that he experienced residual effects of this injury for more than six months. Respondent denies that the flu vaccine caused Petitioner to suffer GBS, TM, or any other injury or condition. Respondent also denies that Petitioner sustained a GBS/flu vaccine Table 1 The parties may object to this published Decision’s inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen (14) days within which to request redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, the entire Decision will be available to the public in its current form. Id. 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 1:22-vv-00705-UNJ Document 32 Filed 07/24/23 Page 2 of 7 injury. Nonetheless both parties, while maintaining their above-stated positions, agreed in a stipulation (filed on June 26, 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 $125,000.00 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 Case 1:22-vv-00705-UNJ Document 32 Filed 07/24/23 Page 3 of 7 Case 1:22-vv-00705-UNJ Document 32 Filed 07/24/23 Page 4 of 7 Case 1:22-vv-00705-UNJ Document 32 Filed 07/24/23 Page 5 of 7 Case 1:22-vv-00705-UNJ Document 32 Filed 07/24/23 Page 6 of 7 Case 1:22-vv-00705-UNJ Document 32 Filed 07/24/23 Page 7 of 7