VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00574
Package ID: USCOURTS-cofc-1_16-vv-00574
Petitioner: K.J.
Filed: 2016-05-12
Decided: 2018-05-08
Vaccine: influenza
Vaccination date: 2014-05-12
Condition: Guillain-Barré syndrome (GBS)
Outcome: compensated
Award amount USD: 152418

AI-assisted case summary:
On May 12, 2016, Lincoln and Daswattie John, as parents and natural guardians of their minor son K.J., filed a petition for vaccine injury compensation. They alleged that K.J. suffered Guillain-Barré syndrome (GBS) as a result of an influenza vaccine administered on May 12, 2014, along with varicella and measles-mumps-rubella (MMR) vaccines. Additional vaccines, including hepatitis A, diphtheria-tetanus-acellular pertussis (Dtap), haemophilus influenza type B (HIB), and pneumococcal conjugate (Prevnar), were administered on June 12, 2014. The respondent, the Secretary of Health and Human Services, did not contest entitlement to compensation. In a report filed on September 22, 2017, the respondent stated that the petitioners satisfied the criteria of the newly revised Vaccine Injury Table and that K.J. suffered GBS following a seasonal flu vaccine with onset within the Table's specified time period. The respondent agreed not to contest entitlement, acknowledging that petitioners might re-file and be afforded a presumption of causation under the revised Table. Based on the respondent's position and the evidence of record, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on September 22, 2017, finding petitioners entitled to compensation. Subsequently, on February 5, 2018, the respondent filed a proffer agreeing to an award of $152,418.89. This amount included a lump sum payment of $115,000.00 for pain and suffering, payable to petitioners as guardians/conservators of K.J.'s estate upon documentation of their appointment. The award also included a lump sum payment of $37,418.89 to satisfy a State of New York Medicaid lien, payable jointly to petitioners and HMS, Inc., with petitioners agreeing to endorse this payment to the State of New York. Chief Special Master Dorsey awarded compensation based on this proffer, with the clerk of the court directed to enter judgment accordingly. Petitioners were represented by Isaiah Richard Kalinowski of Maglio Christopher & Toale, PA, and the respondent was represented by Lisa Ann Watts of the U.S. Department of Justice.

Theory of causation field:
Petitioners Lincoln and Daswattie John alleged that their minor son, K.J., suffered Guillain-Barré syndrome (GBS) as a result of an influenza vaccine administered on May 12, 2014, and/or other vaccines administered on May 12, 2014, and June 12, 2014. The respondent did not contest entitlement, stating that petitioners satisfied the criteria of the revised Vaccine Injury Table and that K.J. suffered GBS following a seasonal flu vaccine with onset within the Table's specified time period. The respondent acknowledged that petitioners might re-file and be afforded a presumption of causation under the revised Table. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on September 22, 2017. Subsequently, a proffer on award of compensation was filed on February 5, 2018, agreeing to an award of $152,418.89, consisting of $115,000.00 for pain and suffering and $37,418.89 to satisfy a State of New York Medicaid lien. The award was based on the respondent's agreement not to contest entitlement under the Vaccine Injury Table. No specific medical experts or detailed causation mechanism were described in the public text. The award was made by Chief Special Master Nora Beth Dorsey, with petitioners represented by Isaiah Richard Kalinowski and respondent represented by Lisa Ann Watts.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00574-0
Date issued/filed: 2018-02-07
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 9/22/2017) regarding 34 Ruling on Entitlement. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:16-vv-00574-UNJ Document 50 Filed 02/07/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0574V
Filed: September 22, 2017
UNPUBLISHED
LINCOLN JOHN, and DASWATTIE
JOHN, as parents and Natural Special Processing Unit (SPU);
Guardians of K.J., a minor child, Ruling on Entitlement; Uncontested;
Causation-In-Fact; Influenza (Flu)
Petitioners, Vaccine; Guillain-Barre Syndrome
v. (GBS)
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Isaiah Richard Kalinowski, Maglio Christopher & Toale, PA, Washington, DC, for
petitioners.
Lisa Ann Watts, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On May 12, 2016, Lincoln and Daswattie John (“petitioners”), as the parents and
natural guardians of their minor son, K.J., filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the
“Vaccine Act”). Petitioners allege that that K.J. suffered Guillain-Barré syndrome
(“GBS”) as a result of the following vaccines administered to him on May 12, 2014:
influenza (flu) vaccine, varicella vaccine, and/or measles-mumps-rubella (MMR)
vaccine; and/or as a result of the following vaccines administered to him on June 12,
2014: hepatitis A (Hep A) vaccine; diphtheria-tetanus-acellular pertussis (Dtap) vaccine,
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, the
undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with
the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of
Electronic Government Services). In accordance with Vaccine Rule 18(b), petitioners have 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 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for
ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:16-vv-00574-UNJ Document 50 Filed 02/07/18 Page 2 of 2
haemophilus influenza type B (HIB) vaccine, and pneumococcal conjugate (Prevnar)
vaccine. Petition at ¶¶ 1-23. The case was assigned to the Special Processing Unit of
the Office of Special Masters.
On September 22, 2017, respondent filed his Rule 4(c) report in which he states
that he does not contest that petitioners are entitled to compensation in this case.
Respondent’s Rule 4(c) Report at 1. Specifically, respondent states that “petitioners
have satisfied the criteria set forth in the newly revised Vaccine Injury Table and the
Qualifications and Aids to Interpretation.” Id. at 4 (internal citations omitted).
Respondent further states that although the revised Vaccine Injury Table only governs
petitions filed on or after the effective date of the final rule, the evidence shows that K.J.
suffered GBS following the administration of a seasonal flu vaccine, and that the onset
occurred within the time period specified in the Table. Id. at 4-5. Recognizing that
petitioners may re-file this petition and be afforded a presumption of causation under the
revised Table, respondent will not contest entitlement to compensation in this case. Id.
In view of respondent’s position and the evidence of record, the
undersigned finds that petitioners are entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master

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DOCUMENT 2: USCOURTS-cofc-1_16-vv-00574-1
Date issued/filed: 2018-05-08
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 2/5/2018) regarding 45 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:16-vv-00574-UNJ Document 51 Filed 05/08/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0574V
Filed: February 5, 2018
UNPUBLISHED
LINCOLN JOHN and DASWATTIE
Special Processing Unit (SPU);
JOHN, as parents and natural
Damages Decision Based on Proffer;
guardians of K.J., a minor child,
Influenza (Flu) Vaccine; Guillain-
Barre Syndrome (GBS)
Petitioners,
v.
SECRETARY OF HEALTH
AND HUMAN SERVICES,
Respondent.
Isaiah Richard Kalinowski, Maglio Christopher & Toale, PA, Washington, DC, for
petitioners.
Lisa Ann Watts, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On May 12, 2016, Lincoln and Daswattie John (“petitioners”), as the parents and
natural guardians of their minor son, K.J., filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the
“Vaccine Act”). Petitioners allege that K.J. suffered Guillain-Barré syndrome (“GBS”) as
a result of the following vaccines administered to him on May 12, 2014: influenza (“flu)
vaccine, varicella vaccine, and/or measles-mumps-rubella (“MMR”) vaccine; and/or as a
result of the following vaccines administered to him on June 12, 2014: hepatitis A (“Hep
A”) vaccine; diphtheria-tetanus-acellular pertussis (“Dtap”) vaccine, haemophilus
influenza type B (“HIB”) vaccine, and pneumococcal conjugate (“Prevnar”) vaccine.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, the
undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with
the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of
Electronic Government Services). 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 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for
ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:16-vv-00574-UNJ Document 51 Filed 05/08/18 Page 2 of 7
Petition at ¶¶1-23. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On September 22, 2017, a ruling on entitlement was issued, finding petitioners
entitled to compensation. On February 5, 2018, respondent filed a proffer on award of
compensation (“Proffer”) indicating petitioners should be awarded $152,418.89. Proffer
at 2. In the Proffer, respondent represented that petitioners agree with the proffered
award. Based on the record as a whole, the undersigned finds that petitioners are
entitled to an award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioners the following:
A. A lump sum payment of $115,000.00 representing compensation for K.J.’s
pain and suffering in the form of a check payable to petitioners as
guardians/conservators of the estate of K.J. for the benefit of K.J. No
payment shall be made until petitioners provide the Secretary with
documentation establishing their appointment as guardians/conservators of K.J.’s
estate. If petitioners are not authorized by a court of competent jurisdiction to
serve as guardians/conservators of the estate of K.J. at the time a payment
pursuant to this Proffer is to be made, any such payment shall be paid to the
party or parties appointed by a court of competent jurisdiction to serve as
guardian(s)/conservator(s) of the estate of K.J. upon submission of written
documentation of such appointment to the Secretary.
B. A lump sum payment of $37,418.89, representing compensation for
satisfaction of a State of New York Medicaid lien on K.J.’s behalf, payable
jointly to petitioners and
HMS, Inc.
Estate & Casualty Recovery Unit
P.O. Box 167887
Irving, TX 75016
Medicaid ID: 189705
Petitioners agree to endorse this payment to the State of New York. These
amount represents compensation for all damages that would be available under
§ 300aa-15(a).
The clerk of the court is directed to enter judgment in accordance with this
decision.3
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 1:16-vv-00574-UNJ Document 51 Filed 05/08/18 Page 3 of 7
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3

Case 1:16-vv-00574-UNJ Document 51 Filed 05/08/18 Page 4 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
_________________________________________
LINCOLN JOHN and DASWATTIE JOHN, ) ECF-SPU
As Parents and Natural Guardians of, )
K.J., a minor child, )
)
Petitioners, )
)
v. ) No. 16-574V
) Chief Special Master
SECRETARY OF HEALTH AND HUMAN ) Nora Beth Dorsey
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On May 12, 2016, Lincoln John and Daswattie John (“petitioners”), filed a petition for
vaccine injury compensation alleging that the influenza (“flu”) vaccine, varicella vaccine,
measles-mumps-rubella (“MMR”) vaccine, and hepatitis A (“Hep A”) vaccine, administered to
their minor son, K.J., on May 12, 2014, and/or the diphtheria-tetanus-acellular pertussis
(“DTaP”) vaccine, haemophilus influenza type B (“HIB”) vaccine, and pneumococcal conjugate
(“Prevnar”) vaccine, administered to him on June 12, 2014, caused him to develop
Guillain-Barré Syndrome (“GBS”).
On September 22, 2017, respondent filed his Rule 4(c) Report electing not to contest
entitlement in this matter, and the Chief Special Master’s Ruling on Entitlement was issued the
same day. Respondent now files this Proffer regarding compensation to be awarded to
petitioners, on K.J.’s behalf, under the terms of the Vaccine Act.
1

Case 1:16-vv-00574-UNJ Document 51 Filed 05/08/18 Page 5 of 7
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioners, on K.J.’s behalf,
should be awarded $152,418.89, consisting of pain and suffering in the amount of $115,000.00
and funds to satisfy a State of New York Medicaid lien in the final amount of $37,418.89, which
represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action
that the State of New York may have against any individual as a result of any Medicaid payments
the State of New York has made on behalf of K.J. from the date of his eligibility for benefits
through the date of judgment in this case as a result of his vaccine-related injury under Title XIX
of the Social Security Act.
The proffered amount of $152,418.89 represents all elements of compensation to which
petitioners would be entitled on K.J.’s behalf under 42 U.S.C. § 300aa-15(a).1 Petitioners agree.
II. Form of the Award
The parties recommend that the compensation provided to petitioners should be made
through a combination of lump sum payments as described below, and request that the Chief
Special Master’s decision and the Court’s judgment award the following:
A. A lump sum payment of $115,000.00 representing compensation for K.J.’s pain and
suffering in the form of a check payable to petitioners as guardians/conservators of the estate of
K.J. for the benefit of K.J. No payment shall be made until petitioners provide the Secretary
with documentation establishing their appointment as guardians/conservators of K.J.’s estate. If
petitioners are not authorized by a court of competent jurisdiction to serve as
1 Should K.J. die prior to entry of judgment, the parties reserve the right to move the Court for
appropriate relief. In particular, respondent would oppose any award for future medical
expenses, future lost earnings, and future pain and suffering.
2

Case 1:16-vv-00574-UNJ Document 51 Filed 05/08/18 Page 6 of 7
guardians/conservators of the estate of K.J. at the time a payment pursuant to this Proffer is to be
made, any such payment shall be paid to the party or parties appointed by a court of competent
jurisdiction to serve as guardian(s)/conservator(s) of the estate of K.J. upon submission of written
documentation of such appointment to the Secretary.
B. A lump sum payment of $37,418.89, representing compensation for satisfaction of a
State of New York Medicaid lien on K.J.’s behalf, payable jointly to petitioners and
HMS, Inc.
Estate & Casualty Recovery Unit
P.O. Box 167887
Irving, TX 75016
Medicaid ID: 189705
Petitioners agree to endorse this payment to the State of New York.
III. Summary of Recommended Payments Following Judgment
A. Lump Sum paid to petitioners : $115,000.00
B. Medicaid lien: $ 37,418.89
Respectfully submitted,
CHAD A. READLER
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
3

Case 1:16-vv-00574-UNJ Document 51 Filed 05/08/18 Page 7 of 7
s/Lisa A. Watts
LISA A. WATTS
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel.: (202) 616-4099
DATED: February 5, 2018
4