VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00736 Package ID: USCOURTS-cofc-1_22-vv-00736 Petitioner: James Shapouri Filed: 2022-07-01 Decided: 2023-09-01 Vaccine: influenza Vaccination date: 2020-11-16 Condition: Guillain-Barré syndrome and/or chronic inflammatory demyelinating polyneuropathy Outcome: compensated Award amount USD: 101801 AI-assisted case summary: James Shapouri filed a petition seeking compensation 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 an influenza vaccination he received on November 16, 2020. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr. Shapouri's alleged conditions or any other injury. Despite maintaining their respective positions, both parties agreed to settle the case through a joint stipulation. The court reviewed the stipulation and found it to be reasonable, adopting it as its decision. The stipulation awarded Mr. Shapouri a lump sum of $100,000.00, payable to him directly, and an additional $1,801.45 to reimburse a Medicaid lien for services rendered. This total award of $101,801.45 represents compensation for all damages available under the Vaccine Program. The court approved the award and directed that judgment be entered. Theory of causation field: Off-Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_22-vv-00736-0 Date issued/filed: 2023-09-01 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 7/27/2023) regarding 27 DECISION of Special Master - Stipulation. Signed by Special Master Katherine E. Oler. (emh) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-00736-UNJ Document 31 Filed 09/01/23 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-736V * * * * * * * * * * * * * * * * * * * * * * * * * * * * JAMES SHAPOURI, * * Filed: July 27, 2023 Petitioner, * * * v. * Decision by Stipulation * SECRETARY OF HEALTH AND * HUMAN SERVICES, * * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner Nina Ren, U.S. Department of Justice, Washington, DC, for Respondent DECISION ON JOINT STIPULATION1 On July 1, 2022, James Shapouri (“Petitioner”) filed a petition, seeking compensation under the National Vaccine Injury Compensation Program (“the Vaccine Program”).2 Pet., ECF No. 1. Petitioner alleges he suffered from Guillain-Barré syndrome (“GBS”) and/or chronic inflammatory demyelinating polyneuropathy (“CIDP”) as a result of the influenza (“flu”) vaccination he received on November 16, 2020. See Stipulation ¶ 2, 4, dated July 27, 2023 (ECF No. 26); see also Petition. Respondent “denies that petitioner’s alleged GBS and/or CIDP or its residual effects were caused-in-fact by the flu vaccine; and denies that the flu vaccine caused petitioner any other injury 1 Because this Decision contains a reasoned explanation for the action in this case, it must be made publicly accessible and will be posted 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, I agree that the identified material fits within this definition, I will redact such material from public access. 2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755 (codified as amended at 42 U.S.C. §§ 300aa-10–34 (2012)) (hereinafter “Vaccine Act” or “the Act”). All subsequent references to sections of the Vaccine Act shall be to the pertinent subparagraph of 42 U.S.C. § 300aa. Case 1:22-vv-00736-UNJ Document 31 Filed 09/01/23 Page 2 of 8 or petitioner’s current condition.” See Stipulation ¶ 6. Nonetheless, both parties, while maintaining their above-stated positions, agreed in a stipulation filed July 27, 2023, that the issues before them can 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 is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth therein. The stipulation awards: a. A lump sum of $100,000.00 in the form of a check payable to Petitioner; and b. A lump sum of $1,801.45 representing reimbursement of a Medicaid lien for services rendered to Petitioner by the State of California, in the form of a check payable jointly to Petitioner and the State of California Department of Healthcare Services: Department of Healthcare Services Recovery Branch – MS 4720 DHCS account number C98680965F-VAC03 P.O. Box 997421 Sacramento, CA 95899-7421 Stipulation ¶ 8. This award represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). 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/ Katherine E. Oler Katherine E. Oler Special Master 3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly filing notice renouncing their right to seek review. Case 1:22-vv-00736-UNJ Document 31 Filed 09/01/23 Page 3 of 8 Case 1:22-vv-00736-UNJ Document 31 Filed 09/01/23 Page 4 of 8 Case 1:22-vv-00736-UNJ Document 31 Filed 09/01/23 Page 5 of 8 Case 1:22-vv-00736-UNJ Document 31 Filed 09/01/23 Page 6 of 8 Case 1:22-vv-00736-UNJ Document 31 Filed 09/01/23 Page 7 of 8 Case 1:22-vv-00736-UNJ Document 31 Filed 09/01/23 Page 8 of 8