VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00646
Package ID: USCOURTS-cofc-1_17-vv-00646
Petitioner: Susan Chatriand
Filed: 2018-01-19
Decided: 2018-10-23
Vaccine: influenza
Vaccination date: 2011-11-08
Condition: Guillian-Barre syndrome (GBS)
Outcome: compensated
Award amount USD: 351157

AI-assisted case summary:
Susan Chatriand filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered Guillain-Barre syndrome (GBS) as a result of an influenza vaccination she received on November 8, 2011. The respondent, the Secretary of Health and Human Services, conceded entitlement to compensation. The respondent's Rule 4(c) report stated that Ms. Chatriand satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation. A ruling on entitlement was issued on January 19, 2018, finding her entitled to compensation. Subsequently, on August 20, 2018, the parties filed a proffer on award of compensation. The court awarded Ms. Chatriand a total of $351,157.86. This amount was comprised of $225,000.00 for pain and suffering, $3,671.69 for past out-of-pocket medical expenses, and $122,486.17 for past and future lost wages. The award was made as a lump sum payment. The case was resolved by stipulation and award.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00646-0
Date issued/filed: 2018-04-09
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 1/19/2018) regarding 20 Ruling on Entitlement. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:17-vv-00646-UNJ Document 26 Filed 04/09/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-0646V
Filed: January 19, 2018
UNPUBLISHED
SUSAN CHATRIAND
Special Processing Unit (SPU);
Petitioner, Ruling on Entitlement; Concession;
v. Table Injury; Influenza Vaccine;
Guillain-Barre Syndrome (GBS)
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
petitioner.
Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On May 16, 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 suffered Guillian-Barre syndrome as a result of an
influenza vaccination she received on November 8, 2011. Petition at 1. 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 1, 6. 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-00646-UNJ Document 26 Filed 04/09/18 Page 2 of 2
On January 19, 2018, respondent filed his Rule 4(c) report in which he concedes
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 recently revised Vaccine Injury Table and the Qualifications and Aids to
Interpretation. Id. at 3. Respondent further states that petitioner has satisfied the
Vaccine Act’s statute of limitations by filing within two years following revisions to the
Table concerning an injury that occurred less than eight years prior to the effective date
of the revision. Id. at 1.
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-00646-1
Date issued/filed: 2018-10-23
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 08/20/2018) regarding 36 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-00646-UNJ Document 40 Filed 10/23/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-0646V
Filed: August 20, 2018
UNPUBLISHED
SUSAN CHATRIAND,
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.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
petitioner.
Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On May 16, 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 suffered Guillian-Barre syndrome (“GBS”) as a result
of an influenza vaccination she received on November 8, 2011. Petition at 1. The case
was assigned to the Special Processing Unit of the Office of Special Masters.
On January 19, 2018, a ruling on entitlement was issued, finding petitioner
entitled to compensation for GBS. On August 20, 2018, respondent filed a proffer on
award of compensation (“Proffer”) indicating petitioner should be awarded $351,157.86
(comprising $225,000.00 for pain and suffering, $3,671.69 for past out of pocket
medical expenses, and $122,486.17 for past and future lost wages). Proffer at 1. In the
Proffer, respondent represented that petitioner agrees with the proffered award. Based
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-00646-UNJ Document 40 Filed 10/23/18 Page 2 of 4
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 $351,157.86 (comprising $225,000.00 for pain
and suffering, $3,671.69 for past out of pocket medical expenses, and $122,486.17
for past and future lost wages) in the form of a check payable to petitioner, Susan
Chatriand. 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-00646-UNJ Document 40 Filed 10/23/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
_________________________________________
)
SUSAN CHATRIAND, )
)
Petitioner, )
) No. 17-646V
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 January 19, 2018, respondent conceded that entitlement to compensation was
appropriate under the terms of the Vaccine Act. Thereafter, on January 19, 2018, Chief Special
Master Dorsey issued a Ruling on Entitlement, finding that petitioner was entitled to vaccine
compensation for her Guillian-Barre syndrome. Based upon the evidence of record, respondent
proffers that petitioner should be awarded $351,157.86. The award is comprised of the
following: $225,000.00 for pain and suffering; $3,671.69 for past out of pocket medical
expenses; and $122,486.17 for past and future lost wages. This amount represents all elements
of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner
agrees.
II. Form of the Award
The parties recommend that compensation provided to petitioner should be made through
-1-

Case 1:17-vv-00646-UNJ Document 40 Filed 10/23/18 Page 4 of 4
a lump sum payment of $351,157.86, 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,
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/ Claudia B. Gangi
Claudia B. Gangi
Senior 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) 514-9729
Fax: (202) 616-4310
Email: claudia.gangi@usdoj.gov
Dated: August 20, 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.
-2-