VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01078
Package ID: USCOURTS-cofc-1_17-vv-01078
Petitioner: Kathyrn Johnson
Filed: 2017-08-08
Decided: 2020-01-07
Vaccine: influenza
Vaccination date: 2016-10-18
Condition: Guillain-Barré syndrome (GBS)
Outcome: compensated
Award amount USD: 150000

AI-assisted case summary:
Kathyrn Johnson filed a petition for compensation under the National Vaccine Injury Compensation Program on August 8, 2017, alleging she suffered Guillain-Barré syndrome (GBS) as a result of an influenza vaccine administered on October 18, 2016. The respondent is the Secretary of Health and Human Services. A ruling on entitlement was issued on October 25, 2018, finding Ms. Johnson entitled to compensation. On December 5, 2019, the respondent filed a proffer on award of compensation, recommending a payment of $150,000.00 for Ms. Johnson's actual and projected pain and suffering. The proffer stated that Ms. Johnson agreed with this award. Chief Special Master Brian H. Corcoran issued a decision on January 7, 2020, awarding Ms. Johnson a lump sum payment of $150,000.00 for pain and suffering, payable by check to Ms. Johnson. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. The attorneys involved were Lawrence R. Cohan for the petitioner and Sarah Christina Duncan for the respondent.

Theory of causation field:
Kathyrn Johnson filed a petition alleging Guillain-Barré syndrome (GBS) following an influenza vaccine administered on October 18, 2016. A ruling on October 25, 2018, found her entitled to compensation. On December 5, 2019, the respondent filed a proffer recommending an award of $150,000.00 for actual and projected pain and suffering, which the petitioner accepted. Chief Special Master Brian H. Corcoran issued a decision on January 7, 2020, awarding the $150,000.00 lump sum. The public text does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused GBS.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01078-0
Date issued/filed: 2020-01-07
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 12/05/2019) regarding 53 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (ypb) Service on parties made.
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Case 1:17-vv-01078-UNJ Document 54 Filed 01/07/20 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1078V
UNPUBLISHED
KATHYRN JOHNSON, Chief Special Master Corcoran
Petitioner, Filed: December 5, 2019
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Influenza (Flu) Vaccine; Guillain-
Barre Syndrome (GBS)
Respondent.
Lawrence R. Cohan, Anapol Weiss, Philadelphia, PA, for petitioner.
Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On August 8, 2017, Kathyrn Johnson 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”) as
a result of an influenza (“flu”) vaccine administered to her on October 18, 2016. Petition
at 1. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On October 25, 2018, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for GBS. On December 5, 2019, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $150,000.00,
for her actual and projected pain and suffering. Proffer at 1-2. In the Proffer,
Respondent represented that Petitioner agrees with the proffered award. Id. Based on
the record as a whole, I find that Petitioner is entitled to an award as stated in the
Proffer.
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I am
required 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). This means the ruling will be available to anyone with access to
the internet. 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, I agree that the identified material fits within this definition, I 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-01078-UNJ Document 54 Filed 01/07/20 Page 2 of 4
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $150,000.00, (for her actual and projected pain and suffering) in
the form of a check payable to Petitioner. 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/Brian H. Corcoran
Brian H. Corcoran
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

CCaassee 11::1177--vvvv--0011007788--UUNNJJ DDooccuummeenntt 5524 FFiilleedd 1021//0057//1290 PPaaggee 13 ooff 24
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
KATHYRN JOHNSON, )
)
Petitioner, )
) No. 17-1078V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On August 8, 2017, Kathyrn Johnson (“petitioner”) filed a petition for compensation
under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34
(“Vaccine Act” or “Act”), as amended. Petitioner alleged that she suffered Guillain-Barré
syndrome (“GBS”) as a result of an influenza (“flu”) vaccine administered to her on October 18,
2016. Petition at 1. On October 25, 2018, the Secretary of Health and Human Services
(“respondent”) filed a Rule 4(c) Report recommending that compensation be awarded, and the
Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation
the same day. ECF No. 32; ECF No. 33.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that Kathyrn Johnson, should be awarded $150,000.00 in actual and
projected pain and suffering. This amount reflects that the award for projected pain and
suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner
agrees.

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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 Kathyrn Johnson should be made
through a lump sum payment as described below and requests that the Chief Special Master’s
decision and the Court’s judgment award the following1: $150,000.00 for actual and projected
pain and suffering, in the form of a check payable to petitioner, Kathyrn Johnson.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Kathyrn Johnson: $ 150,000.00
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/ Sarah C. Duncan
SARAH C. DUNCAN
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
DATED: December 5, 2019 Fax: (202) 616-4310
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