VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00847 Package ID: USCOURTS-cofc-1_16-vv-00847 Petitioner: Deborah Aldora Filed: 2016-07-19 Decided: 2018-04-05 Vaccine: influenza Vaccination date: 2015-09-17 Condition: Guillain-Barré Syndrome Outcome: compensated Award amount USD: 434629 AI-assisted case summary: Deborah Aldora filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered Guillain-Barré Syndrome (GBS) as a result of an influenza vaccine she received on September 17, 2015. She stated that she received the vaccination in the United States, experienced effects of the injury for more than six months, and had not filed a civil action or received other compensation. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report stating that they did not contest entitlement. The respondent indicated that the petitioner satisfied the criteria set forth in the revised Vaccine Injury Table and Qualifications and Aids to Interpretation, and that GBS following a seasonal flu vaccine with onset within the Table's specified time period would entitle her to a presumption of causation. Based on the respondent's position and the evidence, the Chief Special Master found petitioner entitled to compensation. Subsequently, the respondent filed a proffer on the award of compensation, recommending a total award of $434,629.39. This amount included a lump sum payment of $264,000.00 to petitioner for lost wages, unreimbursed expenses, and pain and suffering, and a lump sum payment of $170,629.39 to satisfy a State of Illinois Medicaid lien. Petitioner agreed with the proffered award. The Chief Special Master issued a decision awarding damages in accordance with the proffer. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-00847-0 Date issued/filed: 2018-01-22 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 7/20/2017) regarding 23 Ruling on Entitlement. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made. -------------------------------------------------------------------------------- Case 1:16-vv-00847-UNJ Document 40 Filed 01/22/18 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-847V Filed: July 20, 2017 UNPUBLISHED DEBORAH ALDORA, Special Processing Unit (SPU); Petitioner, Ruling on Entitlement; Uncontested; v. Causation-In-Fact; Influenza (Flu) Vaccine; Guillain-Barre Syndrome SECRETARY OF HEALTH AND (GBS) HUMAN SERVICES, Respondent. Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner. Linda Sara Renzi, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Dorsey, Chief Special Master: On July 19, 2016, petitioner 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 she suffered Guillain-Barré Syndrome (“GBS”) resulting from the influenza vaccine she received on September 17, 2015. Petition at 1, ¶¶ 2, 18. Petitioner further alleges that she received the vaccination in the United States, suffered the effects of her injury for more than six months, and has not brought a civil action or received compensation for her injury, alleged as vaccine caused. Petition at ¶¶ 2, 18- 20. The case was assigned to the Special Processing Unit of the Office of Special Masters. 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), 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-00847-UNJ Document 40 Filed 01/22/18 Page 2 of 2 On July 20, 2017, respondent filed his Rule 4(c) Report stating that he “does not contest entitlement in this matter.” Respondent’s Rule 4(c) Report at 1. Specifically, he indicates that “[i]t is respondent’s position that petitioner has satisfied the criteria set forth in the newly revised Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation (“QAI”).” Id. at 3 (footnote omitted). Respondent adds that “[a]lthough the revised Table only governs petitions filed on or after the effective date of the final rule,[3] the evidence shows that petitioner suffered GBS following the administration of a seasonal flu vaccine, and that the onset occurred within the time period specified in the Table.” Id. Respondent concludes that because petitioner would be entitled to a presumption of causation under the revised Table if he simply re-filed his petition, respondent “will not contest entitlement to compensation in this case.” Id. (citation omitted). In view of respondent’s position and the evidence of record, the undersigned finds that petitioner is entitled to compensation. IT IS SO ORDERED. s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master 3 Originally, the effective date for the new rule was February 21, 2017. Revisions to the Vaccine Injury Table, 82 Fed. Reg. 6294 (Jan. 19, 2017) (to be codified at 42 C.F.R. pt. 100). This effective date was delayed until March 21, 2017. Delay of Revisions to the Vaccine Injury Table, 82 Fed. Reg. 11321 (Feb. 22, 2017) (to be codified at 42 C.F.R. pt. 100). ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_16-vv-00847-1 Date issued/filed: 2018-04-05 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 1/9/2018) regarding 38 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made. -------------------------------------------------------------------------------- Case 1:16-vv-00847-UNJ Document 44 Filed 04/05/18 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-0847V Filed: January 9, 2018 UNPUBLISHED DEBORAH ALDORA, Special Processing Unit (SPU); Petitioner, Damages Decision Based on Proffer; v. Influenza (Flu) Vaccine; Guillain- Barre Syndrome (GBS) SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner. Linda Sara Renzi, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 Dorsey, Chief Special Master: On July 19, 2016, petitioner 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 alleged that she suffered Guillain-Barré Syndrome (“GBS”) resulting from the influenza vaccine she received on September 17, 2015. Petition at 1, ¶¶ 2, 18. The case was assigned to the Special Processing Unit of the Office of Special Masters. On July 20, 2017, a ruling on entitlement was issued, finding petitioner entitled to compensation for her GBS. On January 9, 2018, respondent filed a proffer on award of compensation (“Proffer”) indicating the total amount of $434,629.39 should be awarded as follows: a lump sum payment in the form of a check made payable to petitioner in the amount of $264,000.00, (representing $88,510.00 for past and future lost wages, $412.40 for past unreimburseable expenses, and $175,077.60 for past and future pain and suffering) and a lump sum payment in the form of a check made payable to 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-00847-UNJ Document 44 Filed 04/05/18 Page 2 of 5 petitioner and the Illinois Department of Healthcare and Family Services in the amount of $170,629.39 (representing full satisfaction of the State of Illinois Medicaid lien). Proffer at 2. In the Proffer, respondent represented that petitioner agrees with the proffered award. Id. at 1. Based on the record as a whole, the undersigned finds that petitioner is entitled to an award as stated in the Proffer. Pursuant to the terms stated in the attached Proffer, the undersigned awards petitioner payment as follows: 1. A lump sum payment of $264,000.00, representing $88,510.00 for past and future lost wages, $412.40 for past unreimburseable expenses, and $175,077.60 for past and future pain and suffering, in the form of a check payable to petitioner; and 2. A lump sum of $170,629.39, which amount represents reimbursement of Medicaid lien, in the form of a check payable jointly to petitioner and Illinois Department of Healthcare and Family Services Bureau of Collections Technical Recovery Section P.O. Box 19174 Springfield, Illinois 62794-9174 Attn: Kevin Thorton Case No. 94-024-0000055208 Petitioner agrees to endorse this check to the State of Illinois. The clerk of the court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/Nora Beth Dorsey Nora Beth Dorsey 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 1:16-vv-00847-UNJ Document 44 Filed 04/05/18 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ____________________________________ ) DEBORAH ALDORA, ) ) ) Petitioner, ) ) No. 16-847V v. ) Chief Special Master Dorsey ) ECF SECRETARY OF HEALTH AND ) HUMAN SERVICES, ) ) Respondent. ) ____________________________________) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION I. Compensation for Vaccine Injury-Related Items On July 7, 2017, the Chief Special Master issued a Ruling on Entitlement finding that petitioner is entitled to vaccine compensation. Respondent proffers based on the evidence in the record that petitioner should be awarded $264,000.00 plus $170,629.39 for reimbursement of a Medicaid lien. This amount represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. II. Items of Compensation and Form of the Award The parties recommend that the compensation provided to petitioner should be made through lump sum payments as described below, and request that the Chief Special Master’s decision and the Court’s judgment award the following:1 1 Should petitioner 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. Case 1:16-vv-00847-UNJ Document 44 Filed 04/05/18 Page 4 of 5 A. Petitioner’s Damages A lump sum payment of $264,000.00 (representing $88,510.00 for past and future lost wages; $412.40 for past unreimbursed expenses; and $175,077.60 for past and future pain and suffering), in the form of a check payable to petitioner, Deborah Aldora. This amount accounts for all elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner would be entitled. B. Medicaid Lien Respondent proffers that petitioner should be awarded funds to satisfy the State of Illinois Medicaid lien in the amount of $170,629.39, which represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the state of Illinois may have against any individual as a result of any Medicaid payments that the State of Illinois has made to or on behalf of Deborah Aldora from the date of her eligibility for benefits through the date of judgment in this case as a result of her vaccine-related injury suffered on or about September 17, 2015, under Title XIX of the Social Security Act. Reimbursement of the State of Illinois lien shall be made through a lump sum payment of $170,629.39, representing compensation for satisfaction of the State of Illinois lien, payable jointly to petitioner, and Illinois Department of Healthcare and Family Services Bureau of Collections Technical Recovery Section P.O. Box19174 Springfield, Illinois 62794-9174 Attn: Kevin Thorton Case No. 94-024-0000055208 Petitioner agrees to endorse this payment to the State of Illinois. Case 1:16-vv-00847-UNJ Document 44 Filed 04/05/18 Page 5 of 5 C. Guardianship Petitioner is a competent adult. Evidence of guardianship is not required in this case. III. Summary of Recommended Payments Following Judgment A. Lump sum paid to petitioner $264,000.00 B. Reimbursement of Medicaid lien $170,629.39 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 GABRIELLE M. FIELDING Assistant Director Torts Branch, Civil Division s/Linda S. Renzi LINDA S. RENZI Senior Trial Counsel Torts Branch, Civil Division U.S. Department of Justice Ben Franklin Station, P.O. Box 146 Washington, D.C. 20044-0146 Tel.: (202) 616-4133 DATE: January 9, 2018