VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01321
Package ID: USCOURTS-cofc-1_16-vv-01321
Petitioner: Brian Carney
Filed: 2016-10-11
Decided: 2017-08-11
Vaccine: influenza
Vaccination date: 2014-08-16
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 125000

AI-assisted case summary:
Brian Carney filed a petition for compensation under the National Vaccine Injury Compensation Program alleging he suffered Guillain-Barre Syndrome (GBS) as a result of his August 16, 2014 influenza vaccination. The case was assigned to the Special Processing Unit. On August 8, 2017, the respondent filed a Rule 4(c) report conceding entitlement, stating that Mr. Carney satisfied the criteria in the revised Vaccine Injury Table for GBS. The respondent agreed not to contest entitlement, recognizing that Mr. Carney could re-file and be afforded a presumption of causation under the revised Table. Based on the respondent's concession and the evidence, the Chief Special Master issued a Ruling on Entitlement on August 9, 2017, finding Mr. Carney entitled to compensation. Subsequently, on August 11, 2017, the respondent filed a Proffer on Award of Compensation, indicating that Mr. Carney should be awarded $125,000.00. The proffer stated that Mr. Carney agreed with this award, which represented compensation for all damages available under the Vaccine Act. The Chief Special Master issued a Decision Awarding Damages on August 11, 2017, awarding Mr. Carney a lump sum payment of $125,000.00. This amount was for all elements of compensation under 42 U.S.C. § 300aa-15(a). Reasonable attorneys' fees and litigation costs were to be determined at a later date.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01321-0
Date issued/filed: 2018-01-29
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 8/11/2017) regarding 35 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:16-vv-01321-UNJ Document 45 Filed 01/29/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1321V
Filed: August 11, 2017
UNPUBLISHED
BRIAN CARNEY,
Special Processing Unit (SPU);
Damages Decision Based on Proffer;
Petitioner,
Influenza (Flu) Vaccine; Guillain-
v.
Barre Syndrome (GBS)
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Diana Lynn Stadelnikas, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner.
Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On October 11, 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 he suffered Guillain-Barre Syndrome (“GBS”) as
a result of his August 16, 2014 influenza (“flu”) vaccination. Petition at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On August 9, 2017, a ruling on entitlement was issued, finding petitioner entitled
to compensation for GBS. On August 11, 2017, respondent filed a proffer on award of
compensation (“Proffer”) indicating petitioner should be awarded $125,000.00. 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.
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-01321-UNJ Document 45 Filed 01/29/18 Page 2 of 4
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $125,000.00 in the form of a check payable to
petitioner, Brian Carney. This 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
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-01321-UNJ Document 45 Filed 01/29/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
BRIAN CARNEY, )
)
Petitioner, ) No. 16-1321V
) Chief Special Master
v. ) Nora Beth Dorsey
) ECF
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On August 8, 2017, respondent filed her Rule 4(c) Report, in which she conceded
entitlement. On August 9, 2017, the Court issued a Ruling on Entitlement, finding that
petitioner is entitled to compensation. Respondent now proffers that petitioner receive an
award of a lump sum of $125,000.00 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.1 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 $125,000.00.
1 Should petitioner die prior to the 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-01321-UNJ Document 45 Filed 01/29/18 Page 4 of 4
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/Camille M. Collett
CAMILLE M. COLLETT
Trial Counsel
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Telephone: (202) 616-4098
Dated: August 11, 2017

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DOCUMENT 2: USCOURTS-cofc-1_16-vv-01321-1
Date issued/filed: 2018-01-29
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 8/9/2017) regarding 32 Ruling on Entitlement. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:16-vv-01321-UNJ Document 46 Filed 01/29/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1321V
Filed: August 9, 2017
UNPUBLISHED
BRIAN CARNEY,
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.
Diana Lynn Stadelnikas, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner.
Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On October 11, 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 he suffered Guillain-Barre Syndrome (“GBS”) as
a result of his August 16, 2014 influenza (“flu”) vaccination. Petition at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On August 8, 2017, respondent filed his Rule 4(c) report in which he states that
he does not contest that petitioner is entitled to compensation in this case.
Respondent’s Rule 4(c) Report at 1. Specifically, respondent states that “petitioner has
satisfied the criteria set forth in the newly revised Vaccine Injury Table (“Table”) and the
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-01321-UNJ Document 46 Filed 01/29/18 Page 2 of 2
Qualifications and Aids to Interpretation (“QAI”) for GBS. Although the revised Table
only governs petitions filed on or after the effective date of the final rule, 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
5-6. Respondent further agrees that “[r]egognizing that petitioner 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. (internal
citations 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