VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01419 Package ID: USCOURTS-cofc-1_16-vv-01419 Petitioner: Corinna Baye Filed: 2017-07-17 Decided: 2018-01-22 Vaccine: influenza Vaccination date: 2014-11-18 Condition: Guillain-Barré Syndrome (GBS) Outcome: compensated Award amount USD: 170000 AI-assisted case summary: Corinna Baye filed a petition for compensation under the National Vaccine Injury Compensation Program on October 27, 2016, alleging that she suffered Guillain-Barré Syndrome (GBS) caused-in-fact by the influenza vaccine she received on November 18, 2014. The case was assigned to the Special Processing Unit. On July 14, 2017, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding Ms. Baye entitled to compensation. Respondent, the Secretary of Health and Human Services, did not contest entitlement, stating that Ms. Baye satisfied the criteria in the Vaccine Injury Table and that the onset of GBS occurred within the time period specified in the Table following administration of a seasonal flu vaccine. On July 17, 2017, respondent filed a proffer on award of compensation, indicating that Ms. Baye should be awarded $170,000.00, which she agreed to. Chief Special Master Dorsey issued a decision awarding Ms. Baye a lump sum payment of $170,000.00, representing compensation for all damages available under the Vaccine Act. Petitioner was represented by Elizabeth Martin Muldowney of Sands Anderson PC, and respondent was represented by Amy Paula Kokot of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. Theory of causation field: Petitioner Corinna Baye alleged that she suffered Guillain-Barré Syndrome (GBS) caused-in-fact by the influenza vaccine received on November 18, 2014. Respondent did not contest entitlement, stating that petitioner satisfied the criteria in the Vaccine Injury Table and that the onset of GBS occurred within the time period specified in the Table following administration of a seasonal flu vaccine. The case was decided based on a proffer of award. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on July 14, 2017, and a decision awarding damages on January 22, 2018. Petitioner was awarded a lump sum of $170,000.00. Petitioner was represented by Elizabeth Martin Muldowney, and respondent was represented by Amy Paula Kokot. The specific mechanism of causation, onset details, medical evidence, and expert testimony are not detailed in the provided public text. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-01419-0 Date issued/filed: 2018-01-22 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 7/17/2017) regarding 26 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made. -------------------------------------------------------------------------------- Case 1:16-vv-01419-UNJ Document 30 Filed 01/22/18 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-1419V Filed: July 17, 2017 UNPUBLISHED CORINNA BAYE, 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. Elizabeth Martin Muldowney, Sands Anderson PC, Richmond, VA, for petitioner. Amy Paula Kokot, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 Dorsey, Chief Special Master: On October 27, 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”) caused-in-fact by the influenza vaccine she received on November 18, 2014. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On July 14, 2017, a ruling on entitlement was issued, finding petitioner entitled to compensation for her injury. On July 17, 2017, respondent filed a proffer on award of compensation (“Proffer”) indicating petitioner should be awarded compensation in the amount of $170,000.00. 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-01419-UNJ Document 30 Filed 01/22/18 Page 2 of 4 Pursuant to the terms stated in the attached Proffer, the undersigned awards petitioner a lump sum payment of $170,000.00 in the form of a check payable to petitioner, Corinna Baye. 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-01419-UNJ Document 30 Filed 01/22/18 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) CORINNA BAYE, ) ) Petitioner, ) ) No. 16-1419V (ECF) v. ) Chief Special Master Dorsey ) SECRETARY OF HEALTH AND ) HUMAN SERVICES, ) ) Respondent. ) ) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION I. Compensation for Vaccine Injury-Related Items On July 14, 2017, Chief Special Master Dorsey issued a Ruling on Entitlement finding that petitioner was entitled to vaccine compensation for her Guillain-Barré Syndrome (“GBS”). Based on the evidence of record, respondent proffers that petitioner should be awarded $170,000.00. This amount 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 be made through a lump sum payment of $170,000.00 in the form of a check payable to petitioner.1 Petitioner agrees. Petitioner is a competent adult. Evidence of guardianship is not required in this case. 1 Should petitioner die prior to the entry of judgment, respondent reserves the right to move the Court for appropriate relief. In particular, respondent would oppose any award for future medical expenses, future pain and suffering, and future lost wages. 1 Case 1:16-vv-01419-UNJ Document 30 Filed 01/22/18 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 HEATHER L. PEARLMAN Assistant Director Torts Branch, Civil Division s/Amy P. Kokot AMY P. KOKOT Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Ben Franklin Station Washington, DC 20044-0146 Tel: (202) 616-4118 Dated: July 17, 2017 2 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_16-vv-01419-1 Date issued/filed: 2018-01-22 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 7/14/2017) regarding 24 Ruling on Entitlement. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made. -------------------------------------------------------------------------------- Case 1:16-vv-01419-UNJ Document 31 Filed 01/22/18 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-1419V Filed: July 14, 2017 UNPUBLISHED CORINNA BAYE, 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. Elizabeth Martin Muldowney, Sands Anderson PC, Richmond, VA, for petitioner. Amy Paula Kokot, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Dorsey, Chief Special Master: On October 27, 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”) caused-in-fact by the influenza vaccine she received on November 18, 2014. Petition at 1. 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 ¶¶ 3, 17-18. 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-01419-UNJ Document 31 Filed 01/22/18 Page 2 of 2 On July 14, 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. 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).