VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00355
Package ID: USCOURTS-cofc-1_17-vv-00355
Petitioner: Nicole Hooper
Filed: 2017-11-13
Decided: 2018-01-11
Vaccine: influenza
Vaccination date: 2015-10-02
Condition: Guillain-Barre Syndrome
Outcome: compensated
Award amount USD: 

AI-assisted case summary:
Nicole Hooper filed a petition on November 13, 2017, alleging that she developed Guillain-Barre Syndrome (GBS) as a result of receiving an influenza vaccination on October 2, 2015. The respondent, the Secretary of Health and Human Services, reviewed the petition and medical records. The respondent acknowledged that the claim was compensable as a Table injury under the National Vaccine Injury Compensation Program. Specifically, the respondent conceded that Ms. Hooper suffered from GBS as a result of the flu vaccine and that the onset occurred within the appropriate timeframe. Based on the respondent's concession and a review of the record, the Special Master found that Ms. Hooper is entitled to compensation for an injury caused by a covered vaccine. A separate order for damages will be issued. The case was filed on November 13, 2017, and this ruling finding entitlement was issued on January 11, 2018.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00355-0
Date issued/filed: 2018-01-11
Pages: 2
Docket text: PUBLIC RULING (Originally filed: 11/13/2017) Regarding 17 Ruling on Entitlement (Signed by Special Master Brian H. Corcoran). (cr) Service on parties made.
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Case 1:17-vv-00355-UNJ Document 19 Filed 01/11/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-355V
(Not to be Published)
* * * * * * * * * * * * * * * * * * * * * * * * *
*
NICOLE HOOPER, *
*
Petitioner, * Filed: November 13, 2017
*
v. *
* Entitlement; Influenza Vaccine;
SECRETARY OF HEALTH * Guillain-Barre Syndrome;
AND HUMAN SERVICES, * Conceded
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Anne Carrion Toale, Maglio Christopher and Toale, Sarasota, FL, for Petitioner.
Christine Mary Becer, U.S. Dep’t of Justice, Washington, DC, for Respondent.
RULING FINDING ENTITLEMENT1
On March 15, 2017, Nicole Hooper filed a petition seeking compensation under the
National Vaccine Injury Compensation Program.2 ECF No. 1. Petitioner alleged that she suffered
from Guillain-Barre Syndrome (“GBS”) as a result of receiving the influenza (“flu”) vaccination
on October 2, 2015. Id.
In her Rule 4(c) Report, Respondent acknowledged that the Petitioner’s claim is
compensable as a Table injury under the Act. Resp’t’s Rule 4(c) Report, dated Nov. 13, 2017 (ECF
No. 16). Respondent specifically stated that medical personnel at the Division of Injury
1 Because this ruling contains a reasoned explanation for my actions in this case, I will 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 (2012). As
provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the published decision’s inclusion of
certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen days within
which to request redaction “of any information furnished by that party: (1) that is a trade secret or commercial or
financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure
of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, the whole
ruling will be available to the public. Id.
2 The National Vaccine Injury Compensation Program comprises Part 2 of the National Childhood Vaccine Injury Act
of 1986, Pub. L. No. 99-660, 100 Stat. 3755 (codified as amended at 42 U.S.C. § 300aa-10 through 34 (2012)).

Case 1:17-vv-00355-UNJ Document 19 Filed 01/11/18 Page 2 of 2
Compensation Programs, Department of Health and Human Services, have reviewed the petition
and accompanying documents filed in this case, as well as the relevant medical records, and
Respondent has concluded that Petitioner satisfied the criteria set forth in the Table. Id. at 3.
Respondent concedes that the evidence shows that Petitioner suffered from GBS as a result of the
flu vaccine, and that onset occurred within the appropriate timeframe. Id. Respondent therefore
concludes that Petitioner is entitled to an award of damages. Id.
In view of Respondent’s concession, and based on my own review of the record (see §
300aa-13(a)(1); 42 C.F.R. § 100.3 (a)(I)), I find that Petitioner is entitled to compensation for an
injury that was caused-in-fact by a covered vaccine. 42 C.F.R. §§ 100.3(a)(XIV), 100.3(b)(2). A
separate damages order will be issued shortly.
Any questions may be directed to my law clerk, Cate Rodgers, at (202) 357-6345.
IT IS SO ORDERED.
/s/ Brian H. Corcoran
Brian H. Corcoran
Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_17-vv-00355-1
Date issued/filed: 2018-11-30
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 10/22/2018) Regarding 33 DECISION - Proffer (Signed by Special Master Brian H. Corcoran). (cr) Service on parties made.
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Case 1:17-vv-00355-UNJ Document 37 Filed 11/30/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-355V
(Not to be Published)
* * * * * * * * * * * * * * * * * * * * * * * * *
* Special Master Corcoran
NICOLE HOOPER, *
*
Petitioner, * Filed: October 22, 2018
*
v. *
* Decision by Proffer; Damages;
SECRETARY OF HEALTH * Influenza (“Flu”) Vaccine;
AND HUMAN SERVICES, * Guillain-Barré syndrome (“GBS”).
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Diana L. Stadelnikas, Maglio Christopher and Toale, PA, Sarasota, FL, for Petitioner.
Christine M. Becer, U.S. Dep’t of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On March 15, 2017, Nicole Hooper filed a petition seeking compensation under the
National Vaccine Injury Compensation Program.2 ECF No. 1. Petitioner alleged that she suffered
from Guillain-Barré syndrome (“GBS”) as a result of receiving the influenza (“flu”) vaccine on
October 2, 2015.
Thereafter, on November 13, 2017, Respondent filed her Rule 4(c) Report indicating that
medical personnel of the Division of Injury Compensation Programs (“DICP”), Department of
1 This Decision will be posted on the United States Court of Federal Claims website, and in accordance with the E-
Government Act of 2002, 44 U.S.C. § 3501 (2012). This means the Decision will be available to anyone with access
to the internet. As provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the published
decision’s inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party
has fourteen days within which to request redaction “of any information furnished by that party: (1) that is a trade
secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or
similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b).
Otherwise, the whole Decision will be available to the public in its current form. Id.
2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660,
100 Stat. 3758, codified as amended at 42 U.S.C. §§ 300aa-10 through 34 (2012) (“Vaccine Act” or “the Act”).
Individual section references hereafter will be to § 300aa of the Act (but will omit that statutory prefix).

Case 1:17-vv-00355-UNJ Document 37 Filed 11/30/18 Page 2 of 4
Health and Human Services concluded that Petitioner has satisfied the criteria for a GBS/flu
vaccine injury as set forth in the Vaccine Injury Table (“Table”). See Rule 4(c) Report, filed
November 13, 2017 (ECF No. 16) at 3. According to Respondent, the evidence shows that
Petitioner suffered GBS following administration of the flu vaccine, and that onset occurred within
the time period specified in the Table. Id. Thus, Respondent indicated that based on her review of
the record Petitioner satisfied all legal prerequisites for compensation under the Act. Id. I
subsequently issued a ruling on entitlement that same day. See ECF No. 17.
On October 22, 2018, Respondent filed a proffer proposing an award of compensation.
ECF No. 32. I have reviewed the file, and based upon that review I conclude that the Respondent’s
proffer (as attached hereto) is reasonable. I therefore adopt it as my decision in awarding damages
on the terms set forth therein.
The proffer awards:
 A lump sum payment of $122,730.88, representing compensation for pain and suffering
($85,000.00), past and future lost earnings ($33,204.43), and out of pocket expenses
($4,526.45), in the form of a check payable to Petitioner.
Proffer at II. These amounts represent compensation for all elements of compensation under 42
U.S.C. § 300aa-15(a) to which Petitioner is entitled.
I approve a Vaccine Program award in the requested amount set forth above to be made to
Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the Court is directed to enter judgment herewith.3
IT IS SO ORDERED.
/s/ Brian H. Corcoran
Brian H. Corcoran
Special Master
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately)
a notice renouncing their right to seek review.
2

Case 1:17-vv-00355-UNJ Document 37 Filed 11/30/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
NICOLE HOOPER, )
)
Petitioner, )
) No. 17-355V
v. ) Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$122,730.88 which represents all elements of compensation to which petitioner would be entitled
under 42 U.S.C. § 300aa-15(a).1 This amount includes $85,000.00 for pain and suffering, $33,
204.43 for past and future lost wages, and $4,526.45 for out of pocket expenses. Petitioner
agrees.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment of $122,730.88 in the form of a check payable to petitioner.
Petitioner agrees.
Respectfully submitted,
JOSEPH H. HUNT
Assistant Attorney General
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 medical
expenses, future lost earnings, and future pain and suffering.

Case 1:17-vv-00355-UNJ Document 37 Filed 11/30/18 Page 4 of 4
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/Christine Mary Becer
CHRISTINE MARY BECER
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 616-3665
Date: October 22, 2018
2