VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01477
Package ID: USCOURTS-cofc-1_17-vv-01477
Petitioner: Kathleen Mosley
Filed: 2017-10-10
Decided: 2019-03-13
Vaccine: influenza
Vaccination date: 2015-10-10
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 147710

AI-assisted case summary:
Kathleen Mosley filed a petition under the National Vaccine Injury Compensation Program on October 10, 2017, alleging that she suffered Guillain-Barré Syndrome (GBS) as a result of an influenza vaccine received on October 10, 2015. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Mosley was entitled to compensation. The respondent concluded that Ms. Mosley suffered the Table injury of GBS following a flu vaccine within the Table time period, and that there was no evidence that her GBS was due to a factor unrelated to the vaccination. The respondent also agreed that the claim met the statutory severity requirements because Ms. Mosley experienced sequelae of her GBS for more than six months. Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on August 28, 2018, finding Ms. Mosley entitled to compensation. Subsequently, on February 1, 2019, the parties filed a proffer on the award of compensation. The respondent proffered that Ms. Mosley should be awarded $145,108.90, consisting of $145,000.00 for pain and suffering and $108.90 for unreimbursed medical expenses. Additionally, the proffer included $2,601.38 to satisfy the State of Oklahoma Medicaid lien. Ms. Mosley agreed with the proffered award. Chief Special Master Dorsey issued a decision on March 13, 2019, awarding Ms. Mosley a total of $147,710.28, comprising the lump sum of $145,108.90 payable to her and the lump sum of $2,601.38 payable jointly to Ms. Mosley and the Oklahoma Health Care Authority to satisfy the Medicaid lien. The case proceeded as a Table claim, and the parties stipulated to the award amount. Petitioner's counsel was DeeAnn Lee Germany of Burch, George & Germany. Respondent's counsel was Darryl R. Wishard of the U.S. Department of Justice.

Theory of causation field:
Kathleen Mosley filed a petition alleging Guillain-Barré Syndrome (GBS) following an influenza vaccine administered on October 10, 2015. The respondent conceded that the GBS was a Table injury following the flu vaccine within the Table time period, and that there was no evidence of an unrelated cause. The respondent also agreed that the injury met the statutory severity requirements, as sequelae lasted more than six months. The case proceeded as a Table claim. The parties stipulated to an award of $145,108.90 for pain and suffering and unreimbursed medical expenses, plus $2,601.38 to satisfy a State of Oklahoma Medicaid lien, for a total award of $147,710.28. Chief Special Master Nora Beth Dorsey issued the ruling on entitlement on August 28, 2018, and the damages decision on March 13, 2019. Petitioner's counsel was DeeAnn Lee Germany, and respondent's counsel was Darryl R. Wishard.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01477-0
Date issued/filed: 2018-10-23
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/28/2018) regarding 22 Ruling on Entitlement (Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01477-UNJ Document 27 Filed 10/23/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1477V
Filed: August 28, 2018
UNPUBLISHED
KATHLEEN MOSLEY,
Special Processing Unit (SPU);
Petitioner, Ruling on Entitlement; Concession;
v. Table Injury; Influenza (Flu) Vaccine;
Guillain-Barre Syndrome (GBS)
SECRETARY OF HEALTH
AND HUMAN SERVICES,
Respondent.
DeeAnn Lee Germany, Burch, George & Germany, Oklahoma City, OK, for petitioner.
Darryl R. Wishard, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On October 10, 2017, Kathleen Mosley (“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”) as a result of an influenza (“flu”) vaccine she received on
October 10, 2015. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On August 28, 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 concludes that “petitioner suffered the Table injury of
GBS following a flu vaccine within the Table time period, and there is not a
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).
1

Case 1:17-vv-01477-UNJ Document 27 Filed 10/23/18 Page 2 of 2
preponderance of the evidence that petitioner’s GBS was due to a factor unrelated to
the vaccination.” Id. at 4-5. Respondent further agrees that the “claim also meets the
statutory severity requirements because petitioner experienced sequelae of her GBS for
more than six months” and has therefore “satisfied all legal prerequisites for
compensation under the Act.” Id. at 5.
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
2

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DOCUMENT 2: USCOURTS-cofc-1_17-vv-01477-1
Date issued/filed: 2019-03-13
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 02/01/2019) regarding 35 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01477-UNJ Document 39 Filed 03/13/19 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1477V
Filed: February 1, 2019
UNPUBLISHED
KATHLEEN MOSLEY,
Petitioner,
Special Processing Unit (SPU);
v.
Damages Decision Based on Proffer;
Influenza (Flu) Vaccine; Guillain-
SECRETARY OF HEALTH AND
Barre Syndrome (GBS)
HUMAN SERVICES,
Respondent.
DeeAnn Lee German, Burch, George & German, Oklahoma City, OK, for petitioner.
Darryl R. Wishard, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On October 10, 2017, Kathleen Mosley (“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”) as a result of an influenza (“flu”) vaccine she received on
October 10, 2015. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On August 28, 2018, a ruling on entitlement was issued, finding petitioner entitled
to compensation. On February 1, 2019, respondent filed a proffer on award of
compensation (“Proffer”) indicating petitioner should be awarded $145,108.90
1 The undersigned intends to post this decision on the United States Court of Federal Claims' website.
This means the decision 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, the
undersigned agrees that the identified material fits within this definition, the undersigned will redact such
material from public access. Because this unpublished decision contains a reasoned explanation for the
action in this case, undersigned is 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).
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-01477-UNJ Document 39 Filed 03/13/19 Page 2 of 5
($145,000.00 for pain and suffering, and $108.90 for unreimbursed medical expenses)
and $2,601.38 to satisfy the State of Oklahoma Medicaid lien. Proffer at 2. In the
Proffer, respondent represents 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. Id.
Pursuant to the terms stated in the attached Proffer, the undersigned awards
the following:
A. A lump sum of $145,108.90 ($145,000.00 for pain and suffering, and $108.90 for
unreimbursed medical expenses) payable to petitioner; and
B. A lump sum of $2,601.38, to satisfy the State of Oklahoma Medicaid lien, which
represents full satisfaction of any right of subrogation, assignment, claim, lien, or
cause of action the State of Oklahoma may have against any individual as a
result of any Medicaid payments that the State of Oklahoma has made to or on
behalf of petitioner from the date of her eligibility for benefits through the date of
judgment in this case as a result of her vaccine-related injury suffered on or
about October 10, 2015, under Title XIX of the Social Security Act.
Reimbursement of the State of Oklahoma Medicaid lien shall be payable jointly to
petitioner and to:
Oklahoma Health Care Authority
Third Party Liability Unit
4345 N. Lincoln Blvd.
Oklahoma City, Oklahoma 73105
OKHCA Case # 785399
Petitioner agrees to endorse this payment to the Oklahoma Health Care Authority.
These amounts represent 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-01477-UNJ Document 39 Filed 03/13/19 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
KATHLEEN MOSLEY, )
)
Petitioner, ) No. 17-1477V ECF
)
v. ) Chief Special Master Dorsey
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
___________________________________ )
PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On October 10, 2017, Kathleen Mosley (“petitioner”) filed a petition seeking
compensation (“Petition” or “Pet.”) under the National Childhood Vaccine Injury Act of 1986,
42 U.S.C. §§ 300aa-1 to -34, as amended (“Vaccine Act” or “Act”), for an injury petitioner
allegedly sustained as a result of an influenza (“flu”) vaccination administered on October 10,
2015. Petition at 1-2. Petitioner alleges that she suffered Guillain-Barré Syndrome (“GBS”),
which is an injury listed on the Vaccine Injury Table (“Table”) for the flu vaccine. Id.
On August 28, 2018, respondent filed his Vaccine Rule 4(c) report, conceding that
petitioner’s alleged injury meets the Table criteria for GBS after a flu vaccination. On August
28, 2018, the Chief Special Master issued a ruling on entitlement, finding that petitioner was
entitled to compensation for GBS.
1 This Proffer does not include attorneys’ fees and costs, which the parties intend to
address after the Damages Decision is issued.

Case 1:17-vv-01477-UNJ Document 39 Filed 03/13/19 Page 4 of 5
II. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
the following:
A. A lump sum of $145,108.90 ($145,000.00 for pain and suffering, and $108.90 for
unreimbursed medical expenses) payable to petitioner; and
B. A lump sum of $2,601.38, to satisfy the State of Oklahoma Medicaid lien, which
represents full satisfaction of any right of subrogation, assignment, claim, lien, or
cause of action the State of Oklahoma may have against any individual as a result of
any Medicaid payments that the State of Oklahoma has made to or on behalf of
petitioner from the date of her eligibility for benefits through the date of judgment in
this case as a result of her vaccine-related injury suffered on or about October 10,
2015, under Title XIX of the Social Security Act. Reimbursement of the State of
Oklahoma Medicaid lien shall be payable jointly to petitioner and to:
Oklahoma Health Care Authority
Third Party Liability Unit
4345 N. Lincoln Blvd.
Oklahoma City, Oklahoma 73105
OKHCA Case # 785399
Petitioner agrees to endorse this payment to the Oklahoma Health Care Authority.
These amounts represents all elements of compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
III. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment of $145,108.90, in the form of a check payable to petitioner, and a
lump sum payment of $2,601.38, in the form of a check payable to petitioner and the Oklahoma
Health Care Authority.2 Petitioner agrees.
2 Should petitioner die prior to entry of judgment, respondent would oppose any award
for future medical expenses, future lost earnings, and future pain and suffering, and the parties
reserve the right to move the Court for appropriate relief.
2

Case 1:17-vv-01477-UNJ Document 39 Filed 03/13/19 Page 5 of 5
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/Darryl R. Wishard
DARRYL R. WISHARD
Senior Trial Attorney
Torts Branch, Civil Division
U. S. Department of Justice
P.O. Box l46, Benjamin Franklin Station
Washington, D.C. 20044-0146
Direct dial: (202) 616-4357
Dated: February 1, 2019 Fax: (202) 616-4310
3