VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00022
Package ID: USCOURTS-cofc-1_13-vv-00022
Petitioner: A.D.
Filed: 2013-01-10
Decided: 2014-10-23
Vaccine: hepatitis A
Vaccination date: 2010-02-12
Condition: Guillain-Barré syndrome
Outcome: compensated
Award amount USD: 

AI-assisted case summary:
On January 10, 2013, Tina and Jerry Dixon, as parents of their minor child A.D., filed a petition seeking compensation under the National Vaccine Injury Compensation Program. A.D. was vaccinated with the hepatitis A and meningococcal (Menactra) vaccines on February 12, 2010. A.D. reached the age of majority during the proceedings and became the formal petitioner. The petition alleged that A.D. suffered from Guillain-Barré syndrome (GBS) as a result of these vaccinations. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report on June 24, 2014, conceding that the claim was compensable. The respondent stated that the Division of Vaccine Injury Compensation had reviewed the case and concluded that past similar evidence had been sufficient for some special masters to find causation. Therefore, the respondent indicated they would not further defend entitlement. Both parties expressed a general desire to settle the action, noting agreement on most damages components but acknowledging that resolving remaining issues might require effort. During a status conference on September 30, 2014, the respondent reiterated the concession of entitlement but raised questions about whether certain ongoing symptoms requiring treatment were a product of the vaccine-related injury. Based on the respondent's concession and a review of the record, Special Master Brian H. Corcoran found that A.D. was entitled to compensation for an injury caused-in-fact by a covered vaccine. The parties were ordered to file a joint status report regarding settlement negotiations for the remaining damages issues by October 31, 2014. Petitioner counsel was Ronald Homer of Conway, Homer & Chin-Caplan, P.C., and respondent counsel was Lindsay Corliss of the U.S. Department of Justice. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of injury. The specific dollar amount of the award is not detailed in this ruling.

Theory of causation field:
Petitioner A.D., a minor at the time of vaccination, received the hepatitis A and meningococcal (Menactra) vaccines on February 12, 2010. The petition alleged Guillain-Barré syndrome (GBS) as the injury caused by these vaccines. The respondent conceded entitlement, stating that past similar evidence had been sufficient for some special masters to find causation. The Special Master, Brian H. Corcoran, found entitlement based on the respondent's concession and a review of the record, concluding the injury was caused-in-fact by a covered vaccine. The parties were to negotiate remaining damages issues. The public text does not detail the specific theory of causation, medical experts, or the mechanism of injury, nor does it specify the award amount or annuity terms.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00022-0
Date issued/filed: 2014-10-23
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 09/30/2014) regarding 52 Ruling on Entitlement, ( Signed by Special Master Brian H. Corcoran.)(mpj) Copy to parties.
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Case 1:13-vv-00022-UNJ Document 53 Filed 10/23/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-022V
(Filed September 30, 2014)
NOT TO BE PUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * *
AUSTIN DIXON, *
* Special Master Corcoran
Petitioner, *
*
v. * Entitlement; Hepatitis A (“hep A”) Vaccine;
* Meningococcal (“Menactra”) Vaccine;
SECRETARY OF HEALTH AND * Conceded
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Ronald Homer, Conway, Homer & Chin-Caplan, P.C., Boston, MA, for Petitioner.
Lindsay Corliss, U.S. Dep’t of Justice, Washington, D.C., for Respondent.
RULING FINDING ENTITLEMENT1
On January 10, 2013, Tina Dixon and Jerry Dixon, as parents of their minor child A.D.,
filed a petition seeking compensation under the National Vaccine Injury Compensation
Program.2 Thereafter, A.D. reached the age of majority and became the formal Petitioner in this
case. Petitioner alleges that A.D. suffered from a Guillain-Barré syndrome (“GBS”) as a result of
receiving the hepatitis A (“hep A”) and meningococcal (“Menactra”) vaccinations on February
12, 2010.
1 Because this ruling contains a reasoned explanation for my action in this case, it will be posted on the website of
the United States Court of Federal Claims, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347,
§ 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). As provided by 42 U.S.C. §
300aa-12(d)(4)(B), however, the parties may object to the inclusion of certain kinds of confidential information. To
do so, Vaccine Rule 18(b) provides that each party has 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 ruling will be available to the public.
Id.
2 The Program comprises 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.A. ' 300aa-10 – 34 (2006)) [hereinafter “Vaccine Act” or “the Act”].
Individual sections references hereafter will be to ' 300aa of the Act.

Case 1:13-vv-00022-UNJ Document 53 Filed 10/23/14 Page 2 of 2
For the first year of this action, Petitioner filed medical records and an expert report.
Then, in her Rule 4(c) Report, filed on June 24, 2014, Respondent indicated that the Petitioner’s
claim was compensable under the Act. Respondent specifically stated that the Division of
Vaccine Injury Compensation (DVIC), Department of Health and Human Services, had reviewed
the facts of this case and has concluded that “when faced with similar evidence in the past, some
special masters have found such evidence sufficient to satisfy petitioners’ burden of proving
causation.” Respondent therefore determined that “she will not further defend entitlement in this
case.” The parties both indicated their general desire to settle the action, and have noted that they
are largely in agreement on other damages components, although it may take some effort to
resolve the remaining issue(s).
During a status conference on September 30, 2014, Respondent reiterated that it was her
intention to concede entitlement in this case, but indicated that some questions remained about
damages. Specifically, Respondent questions whether certain symptoms that Petitioner continues
to experience and require treatment for are a product of the vaccine related injury.
In view of Respondent’s concession, and based on my own review of the record (See §
300aa-13(a)(1); 42 C.F.R. § 100.3 (a)(I)), I find that Petitioner is entitled to compensation for an
injury that was caused-in-fact by a covered vaccine. 42 C.F.R. §§ 100.3(a)(XIV), 100.3(b)(2).
Next Steps:
On or before October 31, 2014, the parties shall file a joint status report regarding
the status of their settlement negotiations, with respect to the open issue(s) identified during
today’s status conference.
Any questions may be directed to my law clerk, Ashley Yull, at (202) 357-6391.
IT IS SO ORDERED.
/s/ Brian H. Corcoran
Brian H. Corcoran
Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00022-1
Date issued/filed: 2015-07-28
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 04/02/2015) Regarding 64 DECISION Proffer (Signed by Special Master Brian H. Corcoran). (ay) Copy to parties.
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Case 1:13-vv-00022-UNJ Document 68 Filed 07/28/15 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-022V
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
*
AUSTIN DIXON, * Filed: April 2, 2015
*
* Decision by Proffer; Damages;
Petitioner, * Guillain-Barré Syndrome (“GBS”);
* Hepatitis A (“Hep A”) Vaccine;
v. * Meningococcal (“Menactra”)
* Vaccine
*
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Ronald Homer, Conway, Homer & Chin-Caplan, P.C., Boston, MA, for Petitioner.
Ryan Pyles, U.S. Dep’t of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 10, 2013, Tina Dixon and Jerry Dixon, as parents of their minor child Austin
Dixon, field a petition seeking compensation under the National Vaccine Injury Compensation
Program.2 Thereafter, Austin Dixon reached the age of majority and became the named Petitioner
in this case by order dated April 8, 2013. Petitioner alleges that he suffered Guillain-Barré
syndrome (“GBS”) as a result of receiving the hepatitis A (“hep A”) and meningococcal
(“Menactra”) vaccinations on February 12, 2010.
1 Because this decision contains a reasoned explanation for my action in this case, it will be posted on the website of
the United States Court of Federal Claims, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347,
§ 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). As provided by 42 U.S.C. §
300aa-12(d)(4)(B), however, the parties may object to the inclusion of certain kinds of confidential information. To
do so, Vaccine Rule 18(b) provides that 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 decision will be available to the public. Id.
2 The National Vaccine Injury Compensation Program comprises 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 – 34 (2006)) [hereinafter
“Vaccine Act” or “the Act”]. Individual sections references hereafter will be to § 300aa of the Act.

Case 1:13-vv-00022-UNJ Document 68 Filed 07/28/15 Page 2 of 4
In her Rule 4(c) report, filed on June 24, 2014, Respondent stated that the Division of
Vaccine Injury Compensation, Department of Health and Human Services, had reviewed the facts
of this case and concluded that “when faced with similar evidence in the past, some special masters
have found such evidence sufficient to satisfy petitioners’ burden of proving causation.” The report
indicated that Respondent therefore determined that “she will not further defend entitlement in this
case.” During a status conference on September 30, 2014, Respondent reiterated that it was her
intention to concede entitlement in this case. In view of Respondent’s concession, and based on
my own review of the record, I issued a ruling that same day finding that Petitioner had established
that he was entitled to compensation for the injury.
On April 1, 2015, Respondent filed a proffer proposing an award of compensation. I have
reviewed the file, and based upon that review I conclude that the Respondent’s proffer (as attached
hereto) is reasonable. I therefore adopt it as my decision in awarding damages on the terms set
forth therein.
The proffer awards:
 A lump sum payment of $157,563.00 in the form of a check payable to Petitioner.
This amount represents compensation for all elements of compensation under 42 U.S.C. § 300aa-
15(a) to which Petitioner is entitled. Proffer at 1.
I approve a Vaccine Program award in the requested amounts 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
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 1:13-vv-00022-UNJ Document 68 Filed 07/28/15 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
AUSTIN DIXON,
Petitioner,
v. No. 13-22V
Special Master Brian Corcoran
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On June 24, 2014, respondent filed her Rule 4(c) Report, in which she requested that the
court rule on the record as it then stood. On September 30, 2014, the Court issued a Ruling
Finding Entitlement, finding that petitioner is entitled to compensation. Respondent now
proffers that petitioner receive an award of a lump sum of $157,563.00 in the form of a check
payable to petitioner. This amount represents compensation for all elements of compensation
under 42 U.S.C. § 300aa-15(a) to which petitioner is entitled. This proffer does not address final
attorneys’ fees and litigation costs. Petitioner is additionally entitled to reasonable attorneys’
fees and litigation costs, to be determined at a later date upon petitioner submitting substantiating
documentation.
Petitioner agrees with the proffered award of $157,563.00.
Respectfully submitted,
BENJAMIN C. MIZER
Acting Assistant Attorney General
1

Case 1:13-vv-00022-UNJ Document 68 Filed 07/28/15 Page 4 of 4
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
VORIS E. JOHNSON, JR.
Assistant Director
Torts Branch, Civil Division
s/ RYAN D. PYLES
RYAN D. PYLES
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
Tel: (202) 616-9847
Dated: April 1, 2015
2