VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00106
Package ID: USCOURTS-cofc-1_17-vv-00106
Petitioner: Marcia Miller
Filed: 2017-01-23
Decided: 2018-02-16
Vaccine: influenza
Vaccination date: 2015-09-29
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 160500

AI-assisted case summary:
Marcia Miller, an adult, filed a petition for compensation under the National Vaccine Injury Compensation Program on January 23, 2017. She alleged that she developed Guillain-Barre Syndrome (GBS) as a result of receiving an influenza vaccine on September 29, 2015. Ms. Miller further alleged that she received the vaccination in the United States, suffered the effects of her injury for more than six months, and had not brought a civil action or received compensation for her injury. The case was assigned to the Special Processing Unit. On July 28, 2017, the respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report stating that he did not contest entitlement. The respondent indicated that Ms. Miller satisfied the criteria set forth in the newly revised Vaccine Injury Table and the Qualifications and Aids to Interpretation. Specifically, the respondent noted that the evidence showed Ms. Miller suffered GBS following the administration of a seasonal flu vaccine, and the onset occurred within the time period specified in the Table. The respondent concluded that because Ms. Miller would be entitled to a presumption of causation under the revised Table if she had re-filed her petition, the respondent would not contest entitlement. On July 28, 2017, Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement, finding Ms. Miller entitled to compensation. Subsequently, on October 27, 2017, the respondent filed a proffer on the award of compensation. The respondent proffered that Ms. Miller should be awarded $160,000.00 for past and future pain and suffering and $500.00 for past unreimbursed medical expenses, for a total award of $160,500.00. The respondent represented that Ms. Miller agreed with this proffered award. Based on the record, Chief Special Master Dorsey issued a Decision Awarding Damages on February 16, 2018. The award was a lump sum payment of $160,500.00, paid as a check to Marcia Miller. This total amount represented $160,000.00 for past and future pain and suffering and $500.00 for past unreimbursed medical expenses. Petitioner's counsel was Randall G. Knutson of Knutson & Casey Law Firm. Respondent's counsel was Debra A. Filteau Begley of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of causation beyond its alignment with the Vaccine Injury Table. The decision also does not name any medical experts.

Theory of causation field:
Petitioner Marcia Miller received an influenza vaccine on September 29, 2015. She alleged developing Guillain-Barre Syndrome (GBS) as a result. The respondent did not contest entitlement, stating that petitioner satisfied the criteria of the Vaccine Injury Table, which presumes causation for GBS following a flu vaccine if onset occurs within the specified timeframe. The public decision does not detail the specific onset date, symptoms, medical tests, treatments, or the mechanism of causation beyond the Table presumption. No medical experts were named in the public decision. Chief Special Master Nora Beth Dorsey ruled on entitlement on July 28, 2017, and awarded damages on February 16, 2018. The award was a lump sum of $160,500.00, consisting of $160,000.00 for past and future pain and suffering and $500.00 for past unreimbursed medical expenses. Petitioner was represented by Randall G. Knutson, and respondent by Debra A. Filteau Begley.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00106-0
Date issued/filed: 2018-01-25
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 7/28/2017) regarding 15 Ruling on Entitlement. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:17-vv-00106-UNJ Document 31 Filed 01/25/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-106V
Filed: July 28, 2017
UNPUBLISHED
MARCIA MILLER,
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.
Randall G. Knutson, Knutson & Casey Law Firm, Mankato, MN, for petitioner.
Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On January 23, 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 she developed Guillain-Barré Syndrome (“GBS”)
resulting from the influenza vaccine she received on September 29, 2015. Petition at 1,
¶¶ 4, 17-18. 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 ¶¶ 19-20. 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-00106-UNJ Document 31 Filed 01/25/18 Page 2 of 2
On July 28, 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 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).

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DOCUMENT 2: USCOURTS-cofc-1_17-vv-00106-1
Date issued/filed: 2018-02-16
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 10/27/2017) regarding 24 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:17-vv-00106-UNJ Document 32 Filed 02/16/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-106V
Filed: October 27, 2017
UNPUBLISHED
MARCIA MILLER,
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.
Randall G. Knutson, Knutson & Casey Law Firm, Mankato, MN, for petitioner.
Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On January 23, 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 alleged that she developed Guillain-Barré Syndrome (“GBS”)
resulting from the influenza vaccine she received on September 29, 2015. Petition at 1,
¶¶ 4, 17-18. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On July 28, 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. The same day,
a ruling on entitlement was issued, finding petitioner entitled to compensation. On
October 27, 2017, respondent filed a proffer on award of compensation (“Proffer”)
indicating petitioner should be awarded $160,000.00 for past and future pain and
suffering and $500.00 for past unreimbursed medical expenses for a total award of
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-00106-UNJ Document 32 Filed 02/16/18 Page 2 of 4
$160,500.00. 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.
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $160,500.00 in the form of a check payable to
petitioner, Marcia Miller. This total amount of damages represents $160,000.00
for past and future pain and suffering and $500.00 for past unreimbursed medical
expenses. This amount represents compensation for all damages that would be
available under § 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-00106-UNJ Document 32 Filed 02/16/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
*************************************
MARCIA MILLER, *
*
Petitioner, * No. 17-106V
* CHIEF SPECIAL MASTER
v. * NORA BETH DORSEY
*
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*************************************
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
The Court issued a Ruling on Entitlement on July 28, 2017. Based upon the evidence of
record, respondent proffers that petitioner should be awarded compensation as follows:
$160,000.00, for past and future pain and suffering, and $500.00 for past unreimbursed medical
expenses. These amounts represent all elements of compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees.
II. Form of the Award
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respondent recommends that the compensation provided to petitioner should be made through a
lump sum payment of $160,500.00, in the form of a check payable to petitioner. Petitioner
agrees.
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 1:17-vv-00106-UNJ Document 32 Filed 02/16/18 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/ DEBRA A. FILTEAU BEGLEY
DEBRA A. FILTEAU BEGLEY
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Phone: (202) 616-4181
Dated: October 27, 2017
2