VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01459
Package ID: USCOURTS-cofc-1_16-vv-01459
Petitioner: Nancy Calhoun
Filed: 2016-11-04
Decided: 2018-12-06
Vaccine: influenza
Vaccination date: 2014-09-18
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 146667

AI-assisted case summary:
On November 4, 2016, Tommy Calhoun filed a petition for compensation under the National Vaccine Injury Compensation Program on behalf of his mother, Nancy Calhoun, alleging that she suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccination received on September 18, 2014. Initially, Tommy Calhoun filed the petition due to his mother having granted him limited power of attorney. On May 11, 2018, the court granted a motion to amend the caption to reflect Nancy Calhoun as the sole petitioner, as her mental and physical capacity had improved. The respondent, the Secretary of Health and Human Services, filed an amended Rule 4(c) Report and Proffer on Damages on August 21, 2018. In this report, the respondent conceded entitlement to compensation, stating that Nancy Calhoun satisfied the criteria set forth in the revised Vaccine Injury Table and the Qualifications and Aids to Interpretation. The respondent noted that while the revised Table governed petitions filed on or after its effective date, the petitioner could re-file and be afforded a presumption of causation under the revised Table. Therefore, the respondent agreed not to contest entitlement. On August 22, 2018, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding petitioner entitled to compensation. Subsequently, the parties engaged in proceedings for damages. On August 21, 2018, the respondent filed a proffer indicating an agreed-upon award of $146,667.00. This amount was stipulated to include $135,000.00 for pain and suffering, $6,167.00 for past unreimbursable out-of-pocket expenses, and $5,500.00 for future unreimbursable out-of-pocket expenses. The respondent represented that the petitioner agreed with this proffered award. On December 6, 2018, Chief Special Master Dorsey issued a decision awarding Nancy Calhoun a total of $146,667.00, payable by check to Nancy Calhoun, representing compensation for all damages available under the Vaccine Act. The decision noted that the case had been subject to prior rulings and judgments that were vacated and reissued due to errors in the sub-amounts listed in an earlier proffer. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses involved in this case. Petitioner was represented by Simina Vourlis of the Law Offices of Simina Vourlis, and respondent was represented by Adriana Ruth Teitel of the U.S. Department of Justice.

Theory of causation field:
Nancy Calhoun received an influenza vaccine on September 18, 2014, and subsequently developed Guillain-Barre Syndrome (GBS). The respondent conceded entitlement to compensation, stating that petitioner satisfied the criteria set forth in the revised Vaccine Injury Table and the Qualifications and Aids to Interpretation. The respondent agreed not to contest entitlement, acknowledging that the petitioner could re-file and be afforded a presumption of causation under the revised Table. The case proceeded to a damages decision based on a stipulation between the parties. Chief Special Master Nora Beth Dorsey awarded Nancy Calhoun $146,667.00, consisting of $135,000.00 for pain and suffering, $6,167.00 for past unreimbursable out-of-pocket expenses, and $5,500.00 for future unreimbursable out-of-pocket expenses. The public text indicates the theory of causation is based on the Vaccine Injury Table. No specific medical experts or detailed causation mechanism were described in the public text. Petitioner's counsel was Simina Vourlis, and respondent's counsel was Adriana Ruth Teitel. The decision awarding damages was issued on December 6, 2018.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01459-1
Date issued/filed: 2018-12-06
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/10/2018) regarding 71 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:16-vv-01459-UNJ Document 76 Filed 12/06/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1459V
Filed: October 10, 2018
UNPUBLISHED
NANCY CALHOUN,
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.
Simina Vourlis, Law Offices of Simina Vourlis, Columbus, OH, for petitioner.
Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On November 4, 2016, Tommy Calhoun filed a petition for compensation under
the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the
“Vaccine Act”) on behalf of his mother, Nancy Calhoun, who had granted him limited
power of attorney for her affairs.3 The petition alleges that Nancy Calhoun suffered
Guillain-Barre Syndrome (“GBS”) as a result of her influenza vaccination on September
18, 2014. Petition at 1,5. 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).
3 On May 11, 2018, the court granted petitioner’s motion to amend the caption to reflect Nancy Calhoun
as the sole petitioner because her mental and physical capacity had improved and Mr. Calhoun no longer
met the criteria as a person who could file a vaccine petition under §11(b)(1)(A). Order, issued May 11,
2018 (ECF No. 46).

Case 1:16-vv-01459-UNJ Document 76 Filed 12/06/18 Page 2 of 2
On August 21, 2018, respondent filed an Amended Rule 4(c) Report and Proffer
on Damages.4 On August 22, 2018, a ruling on entitlement was issued, finding
petitioner entitled to compensation for GBS. On August 21, 2018, respondent filed a
proffer on award of compensation (“Proffer”) indicating petitioner should be awarded
$146,667.00, representing pain and suffering ($135,000.00), past unreimbursable out of
pocket expenses ($6,167.00), and future unreimbursable out of pocket expenses
($5,500.00). Proffer at 8. 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 August 21, 2018 Amended Rule 4(c) Report
and Proffer (ECF No. 62), the undersigned awards petitioner a lump sum payment
of $146,667.00 (representing $135,000.00 for pain and suffering, $6,167.00 for past
unreimbursable out of pocket expenses, and $5,500.00 for future unreimbursable
out of pocket expenses) in the form of a check payable to petitioner, Nancy
Calhoun. 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.5
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
4 Previously, respondent filed a Rule 4(c) Report and Proffer on Damages on May 15, 2018. The
undersigned issued a ruling on entitlement and decision awarding damages on May 16, 2018, and
judgment was entered on May 21, 2018. On July 19, 2018, the parties moved jointly for relief from
judgment pursuant to RCFC 60(b) due to an error in the sub-amounts listed in the Proffer. On August 16,
2018, the court granted the Rule 60(b) motion, vacated judgment, and withdrew the May 16, 2018
entitlement and damages decisions. Order, issued Aug. 16, 2018 (ECF No. 61). On August 21, 2018
respondent filed an Amended Rule 4(c) Report and Proffer (ECF No. 62). On August 22, 2018, the court
issued a ruling on entitlement (ECF No. 63) and decision awarding damages (ECF No. 64), and judgment
was entered on August 23, 2018 (ECF No. 66). On October 4, 2018, the parties filed a Second Joint
Motion for Relief from Judgment (ECF No. 69). That motion was granted on October 10, 2018 and the
August 22, 2018 damages decision was withdrawn and the August 23, 2018 judgment was vacated. The
court now reissues a decision awarding damages listing a corrected award of damages.
5 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

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DOCUMENT 2: USCOURTS-cofc-1_16-vv-01459-2
Date issued/filed: 2018-12-12
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/22/2018) regarding 63 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:16-vv-01459-UNJ Document 77 Filed 12/12/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1459V
Filed: August 22, 2018
UNPUBLISHED
NANCY CALHOUN,
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.
Simina Vourlis, Law Offices of Simina Vourlis, Columbus, OH, for petitioner.
Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On November 4, 2016, Tommy Calhoun filed a petition for compensation under
the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the
“Vaccine Act”) on behalf of his mother, Nancy Calhoun, who had granted him limited
power of attorney for her affairs.3 Petitioner alleges that she suffered Guillain-Barre
Syndrome as a result of her influenza vaccination on September 18, 2014. Petition at 1,
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).
3 On May 11, 2018, the court granted petitioner’s motion to amend the caption to reflect Nancy Calhoun
as the sole petitioner because her mental and physical capacity had improved and Mr. Calhoun no longer
met the criteria as a person who could file a vaccine petition under § 11(b)(1)(A). Order, issued May 11,
2018 (ECF No. 46).

Case 1:16-vv-01459-UNJ Document 77 Filed 12/12/18 Page 2 of 2
5. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On August 21, 2018, respondent filed an amended Rule 4(c) Report and Proffer
on Damages in which he states that he does not contest that petitioner is entitled to
compensation in this case.4 Respondent’s Rule 4(c) Report and Proffer on Damages at
2. Specifically, respondent states that “petitioner has satisfied the criteria set forth in the
revised Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation
(“QAI”).” Id. at 8. Respondent notes that the revised Table governs only petitions filed
on or after the effective date of the final rule, but recognizes that “petitioner may re-file
this petition and be afforded a presumption of causation under the revised Table (see
42 U.S.C. § 300aa-16(b)), [and therefore] 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 petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
4 Respondent previously filed a Rule 4(c) Report and Proffer on Damages on May 15, 2018. The
undersigned issued a ruling on entitlement and decision awarding damages on May 16, 2018, and
judgment was entered on May 21, 2018. On July 19, 2018, the parties filed a joint motion for relief
indicating that there was an error in the sub-amounts listed in the Proffer. The parties requested that the
previously-filed Rule 4 Report and Proffer be stricken, the ruling on entitlement and decision awarding
damages be withdrawn, and the judgment vacated. That motion was granted on August 16, 2018.
Respondent now files an amended Rule 4 Report and Proffer.