VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01476
Package ID: USCOURTS-cofc-1_16-vv-01476
Petitioner: Cynthia Cooper
Filed: 2016-11-08
Decided: 2017-11-20
Vaccine: influenza
Vaccination date: 2015-01-05
Condition: Guillain-Barre syndrome (GBS)
Outcome: compensated
Award amount USD: 328638

AI-assisted case summary:
Cynthia Cooper filed a petition for compensation under the National Childhood Vaccine Injury Act on November 8, 2016, alleging she suffered Guillain-Barre syndrome (GBS) as a result of a DTaP vaccine on January 3, 2015, and an influenza vaccine on January 5, 2015. Following Ms. Cooper's death on May 13, 2017, her personal representative, Joel R. Cooper, continued to pursue the claim. The respondent indicated they would not contest entitlement for GBS following the influenza vaccine, as it occurred within the Table's specified time period. The respondent also stated that Ms. Cooper's death was not related to her GBS. The Special Master ruled that petitioner was entitled to compensation. Subsequently, on October 20, 2017, the respondent proffered an award of compensation, which the petitioner agreed to. The court awarded a lump sum of $328,638.63 to the estate of Cynthia Cooper for past lost earnings, pain and suffering, and unreimbursable expenses.

Theory of causation field:
Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_16-vv-01476-0
Date issued/filed: 2017-11-13
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/17/2017) regarding 33 Ruling on Entitlement. Signed by Special Master Christian J. Moran. (abs) Copy to parties.
--------------------------------------------------------------------------------
Case 1:16-vv-01476-UNJ Document 39 Filed 11/13/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
JOEL RANCE COOPER, *
as Personal Representative *
of the Estate of CYNTHIA COOPER, *
* No. 16-1476V
Petitioner, * Special Master Christian J. Moran
*
v. *
* Filed: October 17, 2017
SECRETARY OF HEALTH *
AND HUMAN SERVICES, * Ruling on entitlement; DTaP vaccine;
* Influenza (“flu”) vaccine;
Respondent. * Guillain-Barre syndrome (“GBS”)
* * * * * * * * * * * * * * * * * * * * *
Amber D. Wilson, Maglio Christopher and Toale, PA, Washington, DC, for
Petitioner;
Voris Johnson, United States Department of Justice, Washington, DC, for
Respondent.
UNPUBLISHED RULING FINDING ENTITLEMENT1
On November 8, 2016, Cynthia Cooper filed a petition for compensation
under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 et
seq. (2006). Ms. Cooper alleges that she suffered Guillain-Barre syndrome
(“GBS”) as a result of a DTaP vaccine administered on January 3, 2015, and an
influenza vaccine administered on January 5, 2015. Following Ms. Cooper’s
passing on May 13, 2017, her personal representative, Joel R. Cooper, was
appointed and continued to pursue her vaccine claim. Order, issued July 11, 2017.
1 The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of
Electronic Government Services), requires that the Court post this ruling on its website.
Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing redaction of
medical information or other information described in 42 U.S.C. § 300aa-12(d)(4). Any
redactions ordered by the special master will appear in the document posted on the website.

Case 1:16-vv-01476-UNJ Document 39 Filed 11/13/17 Page 2 of 2
In the Rule 4(c) report, respondent stated that the Division of Vaccine Injury
Compensation, Department of Health and Human Services, has reviewed the facts
of this case and have concluded that “the evidence shows that [Ms. Cooper]
suffered GBS following the administration of a seasonal flu vaccine, and that the
onset occurred within the time period specified in the [newly revised Vaccine
Injury] Table.” Resp’t’s Rep. at 5-6. As a result, “respondent will not contest
entitlement to compensation in this case.” Id. at 6.
The undersigned notes that the Rule 4(c) report does not address any causal
link between the DTaP vaccine and Ms. Cooper’s GBS. Further, respondent states
that Ms. Cooper’s death was not related to her GBS. Id. at 1 n.1.
Special masters may determine whether a petitioner is entitled to
compensation based upon the record without holding an evidentiary hearing. 42
U.S.C. § 300aa-13; Vaccine Rule 8(d). In this case, a hearing is not required.
Based upon a review of the record as a whole, the undersigned finds that
petitioner has established that he is entitled to compensation for Ms. Cooper’s
GBS.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_16-vv-01476-1
Date issued/filed: 2017-11-20
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 10/23/2017) regarding 35 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (abs) Copy to parties.
--------------------------------------------------------------------------------
Case 1:16-vv-01476-UNJ Document 40 Filed 11/20/17 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
JOEL RANCE COOPER, *
as Personal Representative *
of the Estate of CYNTHIA COOPER, *
* No. 16-1476V
Petitioner, * Special Master Christian J. Moran
*
v. *
* Filed: October 23, 2017
SECRETARY OF HEALTH *
AND HUMAN SERVICES, * Damages; decision based on proffer;
* Influenza (“flu”) vaccine;
Respondent. * Guillain-Barre syndrome (“GBS”)
* * * * * * * * * * * * * * * * * * * * *
Amber D. Wilson, Maglio Christopher and Toale, PA, Washington, DC, for
Petitioner;
Voris Johnson, United States Department of Justice, Washington, DC, for
Respondent.
UNPUBLISHED DECISION AWARDING DAMAGES1
On November 8, 2016, Cynthia Cooper filed a petition for compensation
under the National Childhood Vaccine Injury Act, 42 U.S.C. §§ 300aa-1 to 34
(2012). Ms. Cooper alleges that she suffered Guillain-Barre syndrome (“GBS”) as
a result of a DTaP vaccine administered on January 3, 2015, and an influenza
vaccine administered on January 5, 2015. Following Ms. Cooper’s passing on
May 13, 2017, her personal representative, Joel R. Cooper, was appointed and
continued to pursue her vaccine claim. Order, issued July 11, 2017. On October
1 The E-Government Act, 44 § 3501 note (2012) (Federal Management and Promotion of
Electronic Government Services), requires that the Court post this decision on its website.
Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing redaction of
medical information or other information described in 42 U.S.C. § 300aa-12(d)(4). Any
redactions ordered by the special master will appear in the document posted on the website.
1

Case 1:16-vv-01476-UNJ Document 40 Filed 11/20/17 Page 2 of 5
17, 2017, the undersigned ruled, based on respondent’s indication that he will not
contest entitlement in regard to the influenza vaccine causing Ms. Cooper’s GBS,
see Respondent’s Rule 4(c) report, filed October 2, 2017, that petitioner is entitled
to compensation for Ms. Cooper’s GBS under the Vaccine Act.
On October 20, 2017, respondent filed a Proffer on Award of Compensation,
to which petitioner agrees. Based upon the record as a whole, the special master
finds the Proffer reasonable and that petitioner is entitled to an award as stated in
the Proffer. Pursuant to the attached Proffer the court awards petitioner:
A lump sum payment of $328,638.63 in the form of a check payable to
petitioner, as the legal representative/administrator of Cynthia
Cooper’s estate. This amount represents compensation for all damages
that would be available under 42 U.S.C. §300aa-15(a)
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment in case 16-1476V according to this decision
and the attached proffer.2
Any questions may be directed to my law clerk, Andrew Schick, at (202)
357-6360.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each
party filing a notice renouncing the right to seek review by a United States Court of Federal
Claims judge.
2

Case 1:16-vv-01476-UNJ Document 40 Filed 11/20/17 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
__________________________________________
)
JOEL RANCE COOPER, )
as Personal Representative of the Estate of )
CYNTHIA COOPER, )
)
Petitioner, )
) No. 16-1476V (ECF)
v. ) Special Master Moran
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
__________________________________________)
RESPONDENT’S PROFFER ON AWARD OF DAMAGES
On October 2, 2017, respondent, the Secretary of Health and Human Services, filed his
Rule 4(c) Report indicating that he would not contest entitlement to compensation in this matter,
and on October 17, 2017, the Court entered its Ruling on Entitlement, finding petitioner Joel
Rance Cooper, as personal representative of the estate of his deceased wife, Cynthia Cooper,
entitled to Vaccine Act compensation. Respondent now proffers that petitioner receive a
compensation award consisting of the following:
A. Lost Earnings
Based on evidence provided by petitioner, respondent proffers that the appropriate award
for Cynthia Cooper’s past lost earnings is $138,510.00. Petitioner agrees.
B. Pain and Suffering
Based on evidence of record, respondent proffers that the appropriate award for Cynthia
Cooper’s past pain and suffering is $175,000.00. See 42 U.S.C. § 300aa-15(a)(4). Petitioner
agrees.

Case 1:16-vv-01476-UNJ Document 40 Filed 11/20/17 Page 4 of 5
C. Past Unreimbursable Expenses
Based on evidence provided by petitioner, respondent proffers that petitioner should be
awarded compensation for past unreimbursable expenses in the amount of $15,128.63.
Petitioner agrees.
D. Medicaid Lien
Petitioner represents that there are no outstanding Medicaid liens related to Cynthia
Cooper’s vaccine-related injury.
Based on the foregoing, respondent now proffers that petitioner receive an award of a
lump sum of $328,638.63 in the form of a check payable to petitioner, as the legal
representative/administrator of Cynthia Cooper’s estate. This amount represents compensation
for all elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner, as legal
representative/administrator of Cynthia Cooper’s estate, is entitled.
No payment shall be made until petitioner provides respondent with documentation
establishing that he has been appointed as legal representative/administrator of Cynthia Cooper’s
estate. If petitioner is not authorized by a court of competent jurisdiction to serve as legal
representative/administrator of Cynthia Cooper’s estate, any such payment shall be made to the
party or parties appointed by a court of competent jurisdiction to serve as legal
representative/administrator of Cynthia Cooper’s estate, upon submission of written
documentation of such appointment to the Secretary.
Petitioner agrees with the proffered award of $328,638.63.1
1 This proffer does not include any award for attorneys’ fees and costs that may be awarded
pursuant to 42 U.S.C. § 300aa-15(e).
2

Case 1:16-vv-01476-UNJ Document 40 Filed 11/20/17 Page 5 of 5
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
TRACI R. PATTON
Senior Trial Attorney
Torts Branch, Civil Division
s/Voris E. Johnson, Jr.
VORIS E. JOHNSON, JR.
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Ben Franklin Station
Washington, D.C. 20044-0146
Direct dial: (202) 616-4136
Dated: October 20, 2017
3