VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00145
Package ID: USCOURTS-cofc-1_17-vv-00145
Petitioner: Debra Vizzi
Filed: 2018-01-31
Decided: 2018-10-24
Vaccine: influenza
Vaccination date: 2015-09-21
Condition: Guillain-Barré Syndrome (GBS)
Outcome: compensated
Award amount USD: 194598

AI-assisted case summary:
Debra Vizzi filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered Guillain-Barré Syndrome (GBS), deep vein thrombosis, and exacerbation of her depressive disorder caused by an influenza vaccination she received on September 21, 2015. She stated that she received the vaccination in the United States, suffered residual effects for more than six months, and had not filed a civil action or received other compensation for her alleged vaccine-caused injuries. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report stating that he would not contest entitlement to compensation. The respondent indicated that Ms. Vizzi satisfied the criteria set forth in the revised Vaccine Injury Table and the Qualifications and Aids to Interpretation, and that the evidence showed she suffered GBS following the seasonal flu vaccine with onset within the Table's specified time period. Based on the respondent's position and the evidence, the Chief Special Master issued a ruling on entitlement, finding Ms. Vizzi entitled to compensation. Subsequently, the respondent filed a proffer on award of compensation, recommending an award of $194,598.32, which included $190,000.00 for pain and suffering and $4,598.32 for past out-of-pocket medical expenses. The proffer stated that Ms. Vizzi agreed with this award. The Chief Special Master issued a decision awarding Ms. Vizzi a lump sum payment of $194,598.32, representing compensation for all damages available under the Vaccine Act.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00145-0
Date issued/filed: 2018-09-19
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/12/2018) regarding 41 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-00145-UNJ Document 56 Filed 09/19/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-0145V
Filed: June 12, 2018
UNPUBLISHED
DEBRA VIZZI,
Petitioner, Special Processing Unit (SPU);
v. Ruling on Entitlement; Uncontested;
Causation-In-Fact; Influenza (Flu)
SECRETARY OF HEALTH AND Vaccine; Guillain-Barre Syndrome
HUMAN SERVICES, (GBS)
Respondent.
Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for petitioner.
Sherry Soanes, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On January 31, 2018, 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”),
deep vein thrombosis, and exacerbation of her depressive disorder caused-in-fact by
the influenza vaccination she received on September 21, 2015. Petition at 1, ¶¶ 2, 20.
Petitioner further alleges that she received the vaccination in the United States, suffered
the residual effects of her injury for more than six months, and that neither she nor any
other individual has filed a civil action or received an award or settlement for her injuries
alleged as vaccine caused. Id. at ¶¶ 2, 20-22. 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-00145-UNJ Document 56 Filed 09/19/18 Page 2 of 2
On June 8, 2018, 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, 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 7. 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. at 8.
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). The current version of Vaccine Injury Table can be found
at 42 C.F.R. § 100.3 (2017).

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DOCUMENT 2: USCOURTS-cofc-1_17-vv-00145-1
Date issued/filed: 2018-10-24
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 09/05/2018) regarding 51 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-00145-UNJ Document 57 Filed 10/24/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-0145V
Filed: September 5, 2018
UNPUBLISHED
DEBRA VIZZI,
Special Processing Unit (SPU);
Petitioner,
Damages Decision Based on Proffer;
v.
Influenza (Flu) Vaccine; Guillain-
Barre Syndrome (GBS)
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for petitioner.
Alexis B. Babcock, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On January 31, 2018, 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”),
deep vein thrombosis, and exacerbation of her depressive disorder caused-in-fact by
the influenza vaccination she received on September 21, 2015. Petition at 1, ¶¶ 2, 20.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On June 12, 2018, a ruling on entitlement was issued, finding petitioner entitled
to compensation for her GBS. On September 5, 2018, respondent filed a proffer on
award of compensation (“Proffer”) indicating petitioner should be awarded $194,598.32,
representing $190,000.00 for pain and suffering and $4,598.32 for past out of pocket
medical expenses. Proffer at 1. In the Proffer, respondent represented that petitioner
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-00145-UNJ Document 57 Filed 10/24/18 Page 2 of 4
agrees with the proffered award. Id. 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 $194,598.32, representing $190,000.00 for pain
and suffering and $4,598.32 for actual unreimbursable expenses in the form of a
check payable to petitioner, Debra Vizzi. 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-00145-UNJ Document 57 Filed 10/24/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
DEBRA VIZZI,
)
)
Petitioner,
) No. 17-145V
v.
) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND HUMAN
)
SERVICES,
)
)
Respondent.
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
On June 8, 2017, respondent filed a Rule 4(c) report indicating that he would not contest
entitlement to compensation under the terms of the Vaccine Act. On June 12, 2017, Chief
Special Master Dorsey issued a Ruling on Entitlement, finding that petitioner was entitled to
vaccine compensation for her Guillain Barre Syndrome. Based upon the evidence of record,
respondent proffers that petitioner should be awarded $194,598.32. The award is comprised of
the following: $190,000.00 for pain and suffering, and $4,598.32 for past out of pocket medical
expenses. This amount represents all elements of compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.

Case 1:17-vv-00145-UNJ Document 57 Filed 10/24/18 Page 4 of 4
II. Form of the Award
The parties recommend that compensation provided to petitioner should be made through
a lump sum payment of $194,598.32, 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.
Respectfully submitted,
JOSEPH H. HUNT
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/ Alexis B. Babcock
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Telephone: (202) 616-7678
Dated: September 5, 2018
1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court
for appropriate relief. In particular, respondent would oppose any award for future lost earnings
and future pain and suffering.