VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00008
Package ID: USCOURTS-cofc-1_17-vv-00008
Petitioner: Bernadette Sokol
Filed: 2017-09-19
Decided: 2018-03-01
Vaccine: influenza
Vaccination date: 2015-10-07
Condition: Guillain-Barre syndrome (GBS)
Outcome: compensated
Award amount USD: 325000

AI-assisted case summary:
Bernadette Sokol, whose estate is represented by Catherine Hesson, filed a petition alleging that she suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine administered on October 7, 2015, and that she died from this condition. The case was filed on September 19, 2017. Respondent filed a Rule 4(c) report on September 15, 2017, stating that they would not contest entitlement to compensation because the petitioner met the criteria for GBS under the Vaccine Injury Table. A ruling on entitlement was issued on September 19, 2017, finding Bernadette Sokol entitled to compensation. On November 15, 2017, respondent filed a proffer on award of compensation, agreeing to an award of $325,000.00. This amount represents compensation for all damages available under the Vaccine Act. The decision awarding damages was issued on March 1, 2018, granting the lump sum payment of $325,000.00 to the estate.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00008-0
Date issued/filed: 2018-02-07
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 9/19/2017) regarding 23 Ruling on Entitlement. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:17-vv-00008-UNJ Document 39 Filed 02/07/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-8V
Filed: September 19, 2017
UNPUBLISHED
CATHY HESSON, Personal
Representative of the Estate of Special Processing Unit (SPU);
BERNADETTE SOKOL, deceased, Ruling on Entitlement; Uncontested;
Causation-In-Fact; Influenza (Flu)
Petitioner, Vaccine; Guillain-Barre Syndrome
v. (GBS)
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On January 3, 2017, 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 Ms. Sokol suffered Guillain-Barré syndrome
(“GBS”) as a result of an influenza (“flu”) vaccine administered on October 7, 2015, and
that Ms. Sokol died as a result of her GBS. Petition at 1. 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 1:17-vv-00008-UNJ Document 39 Filed 02/07/18 Page 2 of 2
On September 15, 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
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 Ms. Sokol 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

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DOCUMENT 2: USCOURTS-cofc-1_17-vv-00008-1
Date issued/filed: 2018-03-01
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 11/15/2017) regarding 30 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:17-vv-00008-UNJ Document 40 Filed 03/01/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-0008V
Filed: November 15, 2017
UNPUBLISHED
CATHERINE R. HESSON, Personal
Special Processing Unit (SPU);
Representative of The Estate of
Damages Decision Based on Proffer;
BERNADETTE SOKOL, deceased,
Influenza (Flu) Vaccine; Guillain-
Barre Syndrome (GBS)
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On January 3, 2017, 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 Ms. Sokol suffered Guillain-Barré syndrome
(“GBS”) as a result of an influenza (“flu”) vaccine administered on October 7, 2015, and
that Ms. Sokol died as a result of her GBS. Petition at 1. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On September 19, 2017, a ruling on entitlement was issued, finding petitioner
entitled to compensation. On November 15, 2017, respondent filed a proffer on award
of compensation (“Proffer”) indicating petitioner should be awarded $325,000.00.
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 1:17-vv-00008-UNJ Document 40 Filed 03/01/18 Page 2 of 4
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 $325,000.00 in the form of a check payable to
petitioner, Catherine R. Hesson, Personal Representative of the Estate of
Bernadette Sokol. 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 1:17-vv-00008-UNJ Document 40 Filed 03/01/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
CATHERINE R. HESSON,
Personal Representative of the Estate of
Bernadette Sokol, deceased,
No. 17-008V
Petitioner,
Chief Special Master Dorsey
ECF
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On January 3, 2017, Catherine Hesson (“petitioner”) filed a petition for compensation on
behalf of the estate of Bernadette Sokol, under the National Childhood Vaccine Injury Act of
1986, 42 U.S.C. §§ 300aa-1 to -34. Respondent’s Rule 4(c) Report, filed on September 15,
2017, conveyed that respondent would not contest entitlement to compensation. On September
19, 2017, the Chief Special Master issued a Ruling on Entitlement, which “in view of
respondent’s position and the evidence of record,” found that petitioner was entitled to
compensation.
I. Items of Compensation
Respondent proffers that, based on the evidence of record, petitioner should be awarded
$325,000.00. This amount represents all elements of compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
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Case 1:17-vv-00008-UNJ Document 40 Filed 03/01/18 Page 4 of 4
II. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment of $325,000.00 in the form of a check payable to Catherine R.
Hesson, Personal Representative of the Estate of Bernadette Sokol. No payment shall be
made until petitioner provides respondent with documentation establishing her appointment as
the Personal Representative of the Estate of Bernadette Sokol. If petitioner is not authorized by a
court of competent jurisdiction to serve as the Personal Representative of the Estate of
Bernadette Sokol, 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 Bernadette Sokol, 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
HEATHER L. PEARLMAN
Assistant Director
Torts Branch, Civil Division
/s/ Adriana Teitel
ADRIANA TEITEL
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Benjamin Franklin Station
Washington, DC 20044-0146
Tel: (202) 616-3677
Dated: November 15, 2017
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