VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-01034 Package ID: USCOURTS-cofc-1_22-vv-01034 Petitioner: Frankie Hicks Filed: 2022-08-05 Decided: 2024-09-06 Vaccine: influenza Vaccination date: 2020-09-23 Condition: Guillain-Barre Syndrome (GBS) / Miller Fisher Syndrome (MFS) Outcome: compensated Award amount USD: 122500 AI-assisted case summary: Frankie Hicks filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging Guillain-Barre Syndrome (GBS), specifically Miller Fisher Syndrome (MFS), following an influenza vaccination received on September 23, 2020. Mr. Hicks claimed his injury persisted for longer than six months. The respondent, the Secretary of Health and Human Services, denied that Mr. Hicks sustained a Table injury or that the flu vaccine caused or aggravated his condition. Despite these denials, the parties reached a joint stipulation for an award of compensation. The court adopted the stipulation as its decision. Mr. Hicks was awarded a lump sum of $122,500.00, representing compensation for all eligible damages. The stipulation also noted that the parties would submit to further proceedings for attorneys' fees and costs. The case was settled based on a compromise of the parties' respective positions on liability and damages, and the stipulation does not constitute an admission by the government that the vaccine caused the alleged injury. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_22-vv-01034-0 Date issued/filed: 2024-09-06 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 08/05/2024 ) regarding 44 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-01034-UNJ Document 48 Filed 09/06/24 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1034V FRANKIE HICKS, Chief Special Master Corcoran Petitioner, Filed: August 5, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Joseph Alexander Vuckovich, Maglio Christopher & Toale, PA, Washington, DC, for Petitioner. Felicia Langel, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On August 22, 2022, Frankie Hicks 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 he suffered from Guillain-Barre Syndrome (“GBS”) following an influenza vaccination he received on September 23, 2020. Petition at ¶¶ 1, 6; Stipulation, filed at August 2, 2024, ¶¶ 2, 4. Petitioner further alleges his vaccine-related injury has persisted for longer than six months. Petition at ¶ 9; Stipulation at ¶ 4. “Respondent denies that Petitioner sustained an MFS/GBS Table injury; denies that the flu vaccine caused or significantly aggravated his alleged MFS/GBS, or any other injury; and denies that his current condition is a sequela of a vaccine-related injury.” Stipulation at ¶ 6. Nevertheless, on August 2, 2024, 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 Decision contains a reasoned explanation for the action taken 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 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 (2018). Case 1:22-vv-01034-UNJ Document 48 Filed 09/06/24 Page 2 of 7 Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $122,500.00 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 1:22-vv-01034-UNJ Document 48 Filed 09/06/24 Page 3 of 7 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS FRANKIE HICKS, Petitioner, V. No. 22-1034 V Chief Special Master Corcoran SECRETARY OF HEALTH AND ECF HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: I. Petitioner, Frankie Hicks, filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-l0 to -34 ("Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt of the influenza ("flu") vaccine, which is contained in the Vaccine Injury Table ("Table"), 42 C.F.R. § 100.3(a). 2. Petitioner received the flu vaccine on or about September 23, 2020. 3. The vaccine was administered within the United States. 4. Petitioner alleges that he sustained Miller Fisher Syndrome ("MFS"), a subtype of Guillain-Barre Syndrome ("GBS"), within the time period set forth in the Table following administration of the flu vaccine, or alternatively that the injury was caused-in-fact or significantly aggravated by the vaccine. He further alleges that he experienced the residual effects of this condition for more than six months. Case 1:22-vv-01034-UNJ Document 48 Filed 09/06/24 Page 4 of 7 5. Petitioner represents that there has been no prior award or settlement of a civil action for damages as a result of his condition. 6. Respondent denies that petitioner sustained an MFS/GBS Table injury; denies that the flu vaccine caused or significantly aggravated his alleged MFS/GBS, or any other injury; and denies that his current condition is a sequela of a vaccine-related injury. 7. Maintaining their above-stated positions, the parties nevertheless now agree that the issues between them shall be settled, and that a decision should be entered awarding the compensation described in paragraph 8 of this Stipulation. 8. As soon as practicable after entry of judgment reflecting a decision consistent with the tenns of this Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-21(a)(l), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of$122,500.00 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). 9. As soon as practicable after the entry ofj udgment on entitlement in this case, and after petitioner has filed both a proper and timely election to receive compensation pursuant to 42 U.S.C. § 300aa-2l(a)(l) and an application, the parties will submit to further proceedings before the special master to award reasonable attorneys' fees and costs incurred in proceeding upon this petition. l 0. Petitioner and his attorney represent that they have identified to respondent all known sources of payment for items or services for which the Vaccine Program is not primarily liable under 42 U.S.C. § 300aa-15(g), including State compensation programs, insurance policies, Federal or State health benefits programs (other than Title XIX of the Social Security Act), or entities that provide health services on a pre-paid basis. 2 Case 1:22-vv-01034-UNJ Document 48 Filed 09/06/24 Page 5 of 7 11. Payment made pursuant to paragraph 8 of this Stipulation, and any amount awarded pursuant to paragraph 9, will be made in accordance with 42 U.S.C. § 300aa-15(i) and subject to the availability of sufficient statutory funds. 12. The parties and their attorneys further agree and stipulate that, except for any award for attorneys' fees and litigation costs and past unreimbursable expenses, the money provided pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a strict construction of 42 U.S.C. § 300aa-l 5(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-l 5(g) and (h). 13. In return for the payment described in paragraph 8, and any amount awarded pursuant to paragraph 9, petitioner, in his individual capacity and on behalf of his heirs, executors, administrators, successors, and/or assigns, does forever irrevocably and unconditionally release, acquit, and discharge the United States and the Secretary of Health and Human Services from any and all actions or causes of action (including agreements, judgments, claims, damages, loss of services, expenses, and all demands of whatever kind or nature) that have been brought, could have been brought, or could be timely brought in the Court of Federal Claims under the Vaccine Program on account of, or in any way growing out of, any and all known or unknown, suspected or unsuspected personal injuries to, or death of, petitioner resulting from, or alleged to have resulted from, the flu vaccine administered on or about September 23, 2020, as alleged by petitioner in a petition for vaccine compensation filed on or about August 22, 2022, in the United States Court of Federal Claims as petition No. 22-1034V. 14. If petitioner should die prior to entry ofj udgment, this agreement shall be voidable upon proper notice to the Court of Federal Claims on behalf of either or both of the parties. 3 Case 1:22-vv-01034-UNJ Document 48 Filed 09/06/24 Page 6 of 7 15. If the special master fails to issue a decision in complete conformity with the terms of this Stipulation, or if the Court of Federal Claims fails to enter judgment in conformity with a decision that is in complete conformity with the terms of this Stipulation, then the parties' settlement and this Stipulation shall be voidable at the sole discretion of either party. 16. This Stipulation expresses a full and complete negotiated settlement of liability and damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the parties hereto to make any payment, or do any act or thing, other than is herein expressly stated and clearly agreed to. The parties further agree and understand that the award described in this Stipulation may reflect a compromise of the parties' respective positions as to liability and/or amount of damages, and, further, that a change in the nature of the injury or condition, or in the items of compensation sought, is not grounds to modify or revise this agreement. 17. This Stipulation shall not be construed as an admission by the United States or the Secretary of Health and Human Services that the flu vaccine caused petitioner's alleged MFS, or any other injury or condition or any of his current disabilities. 18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns. END OF STIPULATION 4 Case 1:22-vv-01034-UNJ Document 48 Filed 09/06/24 Page 7 of 7 Respectfully submitted, FRANKIE HICKS ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PETITIONER: OF THE ATTORNEY GENERAL: -~ pt / £ ~ ~ C¥ ~ ~ KOVICH MAGLIO CHRISTOPHER & TOALE LAW FIRM Deputy Director 1015 15th Street NW, Suite 1125 Torts Branch Washington, DC 20005 Civil Division jvuckovich@mctJaw.com U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT: AND HUMAN SERV~iIiC::E:S : effr e y 5• j ~~gned by Jeffrey ~ f -5 Beach Date: 2024.07.2511:40:26 -----· .04•00· for miIA: ANGEL CAPT GEORGE REED GRIMES, MD, MPH Director, Division of [njury Trial Attorney Compensation Programs Torts Branch Health Systems Bureau Civil Division Health Resources and Services U.S. Department of Justice Administration P.O. Box 146 U.S. Department of Health Benjamin Franklin Station and Human Services Washington, D.C. 20044-0146 5600 Fishers Lane, 08W-25A felicia.d.langel@usdoj.gov Rockville, MD 20857 8/4?,,Uy DATE: 5 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_22-vv-01034-cl-extra-10734294 Date issued/filed: 2024-09-06 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10267704 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1034V FRANKIE HICKS, Chief Special Master Corcoran Petitioner, Filed: August 5, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Joseph Alexander Vuckovich, Maglio Christopher & Toale, PA, Washington, DC, for Petitioner. Felicia Langel, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION 1 On August 22, 2022, Frankie Hicks 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 he suffered from Guillain-Barre Syndrome (“GBS”) following an influenza vaccination he received on September 23, 2020. Petition at ¶¶ 1, 6; Stipulation, filed at August 2, 2024, ¶¶ 2, 4. Petitioner further alleges his vaccine-related injury has persisted for longer than six months. Petition at ¶ 9; Stipulation at ¶ 4. “Respondent denies that Petitioner sustained an MFS/GBS Table injury; denies that the flu vaccine caused or significantly aggravated his alleged MFS/GBS, or any other injury; and denies that his current condition is a sequela of a vaccine-related injury.” Stipulation at ¶ 6. Nevertheless, on August 2, 2024, 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 Decision contains a reasoned explanation for the action taken 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 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 (2018). Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $122,500.00 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 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS FRANKIE HICKS, Petitioner, V. No. 22-1034 V Chief Special Master Corcoran SECRETARY OF HEALTH AND ECF HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: I. Petitioner, Frankie Hicks, filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-l0 to -34 ("Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner' s receipt of the influenza ("flu") vaccine, which is contained in the Vaccine Injury Table ("Table"), 42 C.F.R. § 100.3(a). 2. Petitioner received the flu vaccine on or about September 23, 2020. 3. The vaccine was administered within the United States. 4. Petitioner alleges that he sustained Miller Fisher Syndrome ("MFS"), a subtype of Guillain-Barre Syndrome ("GBS"), within the time period set forth in the Table following administration of the flu vaccine, or alternatively that the injury was caused-in-fact or significantly aggravated by the vaccine. He further alleges that he experienced the residual effects of this condition for more than six months. 5. Petitioner represents that there has been no prior award or settlement of a civil action for damages as a result of his condition. 6. Respondent denies that petitioner sustained an MFS/GBS Table injury; denies that the flu vaccine caused or significantly aggravated his alleged MFS/GBS, or any other injury; and denies that his current condition is a sequela of a vaccine-related injury. 7. Maintaining their above-stated positions, the parties nevertheless now agree that the issues between them shall be settled, and that a decision should be entered awarding the compensation described in paragraph 8 of this Stipulation. 8. As soon as practicable after entry of judgment reflecting a decision consistent with the tenns of this Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-21(a)(l), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of$122,500.00 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). 9. As soon as practicable after the entry ofjudgment on entitlement in this case, and after petitioner has filed both a proper and timely election to receive compensation pursuant to 42 U.S.C. § 300aa-2l(a)(l) and an application, the parties will submit to further proceedings before the special master to award reasonable attorneys' fees and costs incurred in proceeding upon this petition. l 0. Petitioner and his attorney represent that they have identified to respondent all known sources of payment for items or services for which the Vaccine Program is not primarily liable under 42 U.S.C. § 300aa-15(g), including State compensation programs, insurance policies, Federal or State health benefits programs (other than Title XIX of the Social Security Act), or entities that provide health services on a pre-paid basis. 2 11. Payment made pursuant to paragraph 8 of this Stipulation, and any amount awarded pursuant to paragraph 9, will be made in accordance with 42 U.S.C. § 300aa-15(i) and subject to the availability of sufficient statutory funds. 12. The parties and their attorneys further agree and stipulate that, except for any award for attorneys' fees and litigation costs and past unreimbursable expenses, the money provided pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a strict construction of 42 U.S.C. § 300aa-l 5(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa- l 5(g) and (h). 13. In return for the payment described in paragraph 8, and any amount awarded pursuant to paragraph 9, petitioner, in his individual capacity and on behalf of his heirs, executors, administrators, successors, and/or assigns, does forever irrevocably and unconditionally release, acquit, and discharge the United States and the Secretary of Health and Human Services from any and all actions or causes of action (including agreements, judgments, claims, damages, loss of services, expenses, and all demands of whatever kind or nature) that have been brought, could have been brought, or could be timely brought in the Court of Federal Claims under the Vaccine Program on account of, or in any way growing out of, any and all known or unknown, suspected or unsuspected personal injuries to, or death of, petitioner resulting from, or alleged to have resulted from, the flu vaccine administered on or about September 23, 2020, as alleged by petitioner in a petition for vaccine compensation filed on or about August 22, 2022, in the United States Court of Federal Claims as petition No. 22-1034V. 14. If petitioner should die prior to entry ofjudgment, this agreement shall be voidable upon proper notice to the Court of Federal Claims on behalf of either or both of the parties. 3 15. If the special master fails to issue a decision in complete conformity with the terms of this Stipulation, or if the Court of Federal Claims fails to enter judgment in conformity with a decision that is in complete conformity with the terms of this Stipulation, then the parties' settlement and this Stipulation shall be voidable at the sole discretion of either party. 16. This Stipulation expresses a full and complete negotiated settlement of liability and damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the parties hereto to make any payment, or do any act or thing, other than is herein expressly stated and clearly agreed to. The parties further agree and understand that the award described in this Stipulation may reflect a compromise of the parties' respective positions as to liability and/or amount of damages, and, further, that a change in the nature of the injury or condition, or in the items of compensation sought, is not grounds to modify or revise this agreement. 17. This Stipulation shall not be construed as an admission by the United States or the Secretary of Health and Human Services that the flu vaccine caused petitioner' s alleged MFS, or any other injury or condition or any of his current disabilities. 18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns. END OF STIPULATION 4 Respectfully submitted, FRANKIE HICKS ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PETITIONER: OF THE ATTORNEY GENERAL: ~ ~ ~ KOVICH M AGLIO CHRISTOPHER & T OALE LAW FIRM C¥ -~ pt /£~ Deputy Director 1015 15th Street NW, Suite 1125 Torts Branch Washington, DC 20005 Civil Division jvuckovich@mctJaw.com U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT: AND HUMAN SERVICES: j effrey 5• ~i::: ~~gned by Jeffrey Beach -5 - -- - -· Date: 2024.07.25 11:40:26 . 04•00· for CAPT GEORGE REED GRIMES, MD, MPH Director, Division of [njury ~f miIA: ANGEL Trial Attorney Compensation Programs Torts Branch Health Systems Bureau Civil Division Health Resources and Services U.S. Department of Justice Administration P.O. Box 146 U.S. Department of Health Benjamin Franklin Station and Human Services Washington, D.C. 20044-0146 5600 Fishers Lane, 08W-25A felicia.d.langel@usdoj.gov Rockville, MD 20857 DATE: 8/4?,,Uy 5