VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00946
Package ID: USCOURTS-cofc-1_16-vv-00946
Petitioner: Arnold Lee Miller
Filed: 2017-08-05
Decided: 2018-02-02
Vaccine: influenza
Vaccination date: 2015-11-04
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 350000

AI-assisted case summary:
The Estate of Arnold Lee Miller, represented by Armicka S. Miller, filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition alleged that Arnold Lee Miller developed Guillain-Barré Syndrome (GBS) resulting in his death, which was causally related to the influenza and Prevnar 13 vaccines he received on November 4, 2015. The respondent conceded entitlement, stating that the petitioner satisfied the criteria of the revised Vaccine Injury Table for GBS following a seasonal flu vaccine, and that the onset occurred within the Table's specified time period. Consequently, the respondent agreed not to contest entitlement. A ruling on entitlement was issued on July 31, 2017, finding the petitioner entitled to compensation. Subsequently, on February 2, 2018, a decision awarding damages was issued based on a proffer from the respondent. The parties stipulated to an award of $350,000.00, representing all elements of compensation under the Vaccine Act. This amount was to be paid as a lump sum to Armicka S. Miller, as Executrix of the Estate of Arnold L. Miller Sr., upon submission of documentation of her appointment.

Theory of causation field:
Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_16-vv-00946-0
Date issued/filed: 2018-01-25
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 7/31/2017) regarding 28 Ruling on Entitlement. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
--------------------------------------------------------------------------------
Case 1:16-vv-00946-UNJ Document 40 Filed 01/25/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0946V
Filed: July 31, 2017
UNPUBLISHED
The Estate of ARNOLD LEE MILLER,
Decedent, by and through ARMICKA
S. MILLER, as Personal Special Processing Unit (SPU);
Representative, Ruling on Entitlement; Uncontested;
Causation-In-Fact; Influenza (Flu)
Petitioner, Vaccine; Guillain-Barre Syndrome
v. (GBS)
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Isaiah Richard Kalinowski, Maglio Christopher & Toale, PA, Washington, DC, for
petitioner.
Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On August 5, 2016, petitioner filed a petition as personal representative for the
estate of Arnold Lee Miller for compensation under the National Vaccine Injury
Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the “Vaccine Act”). Petitioner
alleges that the decedent, Arnold Lee Miller, developed Guillain-Barré Syndrome
(“GBS”) resulting in his death which was causally related to the influenza vaccine and
Prevnar 13 pneumococcal conjugate vaccine he received on November 4, 2015.
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-00946-UNJ Document 40 Filed 01/25/18 Page 2 of 2
Petition at 1, ¶¶ 3, 14-18. Petitioner further alleges that the decedent received the
vaccinations in the United States and that neither she nor any other party has brought a
civil action or received compensation for decedent’s GBS and death, alleged as vaccine
caused. Petition at ¶¶ 3, 20-21. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On July 31, 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 3-4 (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. at 4. 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-00946-1
Date issued/filed: 2018-02-02
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 8/3/2017) regarding 31 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
--------------------------------------------------------------------------------
Case 1:16-vv-00946-UNJ Document 41 Filed 02/02/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0946V
Filed: August 3, 2017
UNPUBLISHED
The Estate of ARNOLD LEE MILLER,
Decedent, by and through ARMICKA
S. MILLER, as Personal
Representative,
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.
Isaiah Richard Kalinowski, Maglio Christopher & Toale, PA, Washington, DC, for
petitioner.
Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On August 5, 2016, petitioner filed a petition as personal representative for the
estate of Arnold Lee Miller for compensation under the National Vaccine Injury
Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the “Vaccine Act”). Petitioner
alleged that the decedent, Arnold Lee Miller, developed Guillain-Barré Syndrome
(“GBS”) resulting in his death which was causally related to the influenza vaccine and
Prevnar 13 pneumococcal conjugate vaccine he received on November 4, 2015. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
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-00946-UNJ Document 41 Filed 02/02/18 Page 2 of 4
On July 31, 2017, a ruling on entitlement was issued, finding petitioner entitled to
compensation for his Guillain-Barré Syndrome and subsequent death. On August 3,
2017, respondent filed a proffer on award of compensation (“Proffer”) indicating
petitioner should be awarded $350,000.00. Proffer at 1. In the Proffer, respondent
represented that petitioner agrees with the proffered award. 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 a lump sum payment of $350,000.00 in the form of a check payable to
petitioner, Armicka S. Miller, Executrix of The Estate of Arnold L. Miller, Sr.
Payment shall be made when petitioner provides respondent with documentation
establishing her appointment as the Executrix of the Estate of Arnold Lee Miller. Proffer
at 2. “If petitioner is not authorized by a court of competent jurisdiction to serve as the
Executrix of the Estate of Arnold Lee Miller, any such payment shall be made to the
party or parties appointed by the court of competent jurisdiction to serve as legal
representative of the Estate of Arnold Lee Miler, upon submission of written
documentation of such appointment to the Secretary.” Id. This amount represents
compensation for all damages that would be available under § 15(a).
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-00946-UNJ Document 41 Filed 02/02/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
The Estate of ARNOLD LEE MILLER,
Decedent, by and through ARMICKA S.
MILLER, as Personal Representative,
Petitioner,
No. 16-946V
Chief Special Master Dorsey
v.
ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On August 5, 2016, Armicka S. Miller (“petitioner”) filed a petition for compensation
(“Petition”) on behalf of the estate of Arnold Lee Miller (“Mr. Miller”), under the National
Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act” or “Act”),
as amended. Respondent’s Rule 4(c) Report, filed on July 31, 2017, conceded that petitioner is
entitled to compensation. In light of respondent’s concession, on July 31, 2017, the special
master found petitioner entitled to compensation.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be
awarded $350,000.00, which represents all elements of compensation to which petitioner
would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment of $350,000.00 in the form of a check payable to Armicka S.
Miller, Executrix of The Estate of Arnold L. Miller Sr. No payment shall be made until
1

Case 1:16-vv-00946-UNJ Document 41 Filed 02/02/18 Page 4 of 4
petitioner provides respondent with documentation establishing her appointment as the
Executrix of the Estate of Arnold Lee Miller. If petitioner is not authorized by a court of
competent jurisdiction to serve as the Executrix of the Estate of Arnold Lee Miller, any such
payment shall be made to the party or parties appointed by a court of competent jurisdiction to
serve as legal representative of the Estate of Arnold Lee Miller, upon submission of written
documentation of such appointment to the Secretary. Petitioner agrees.
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
s/ Jennifer L. Reynaud
JENNIFER L. REYNAUD
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) 305-1586
Date: August 3, 2017
2