VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01558
Package ID: USCOURTS-cofc-1_17-vv-01558
Petitioner: Sarah Geschwindner
Filed: 2017-10-19
Decided: 2024-03-04
Vaccine: influenza
Vaccination date: 2014-10-08
Condition: Guillain-Barré syndrome
Outcome: compensated
Award amount USD: 116857

AI-assisted case summary:
Sarah Geschwindner filed a petition on October 19, 2017, alleging that she developed Guillain-Barré syndrome (GBS) as a result of an influenza vaccine she received on October 8, 2014. The respondent conceded entitlement to compensation, stating that medical personnel determined she suffered the Table injury of GBS following a flu vaccine within the Table time period and that there was no preponderance of evidence showing her condition was due to an unrelated factor. The medical records also established that her GBS had residual effects for more than six months. A Ruling on Entitlement was issued on January 4, 2019, finding her entitled to compensation. An initial Decision Awarding Damages was issued on January 28, 2022, awarding $94,357.33, which included pain and suffering and a Medicaid lien. This decision was later withdrawn after Ms. Geschwindner moved for relief from judgment due to her previous counsel's mishandling of her case. Following further damages discussions, the respondent proffered a new award. On March 4, 2024, a Decision Awarding Damages was issued, adopting the respondent's proffer. This award included a lump sum of $27,500.00 for pain and suffering, in addition to the $92,500.00 previously paid, and $238.09 to satisfy a New Hampshire Medicaid lien, in addition to the $1,857.33 previously paid. The total compensation awarded in this case amounts to $116,857.33.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01558-0
Date issued/filed: 2019-02-12
Pages: 2
Docket text: PUBLIC RULING (Originally filed: 1/4/2019) regarding 21 Ruling on Entitlement. Signed by Special Master Katherine E. Oler. (dd) Service on parties made.
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Case 1:17-vv-01558-UNJ Document 24 Filed 02/12/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1558V
(Unpublished)
* * * * * * * * * * * * * * * * * * * * * * * * *
*
SARAH D. GESCHWINDNER, *
* Filed: January 4, 2019
Petitioner, * Special Master Oler
*
v. * Entitlement; Influenza (“Flu”) Vaccine
* Guillain-Barré syndrome (“GBS”).
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Matthew J. Plache, Law Office of Matthew J. Plache, Wolfeboro, NH, for Petitioner.
Justine Elizabeth Walters, U.S. Dep’t of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On October 19, 2017, Petitioner Sarah Geschwindner filed a petition seeking
compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges that
she developed Guillain-Barré syndrome (“GBS”) as a result of an influenza (“flu”) vaccine that
she received on October 8, 2014. See Petition at 1, ECF No. 1.
In his Rule 4(c) Report, filed on December 7, 2018, Respondent recommends that
compensation be awarded in this case. Rule 4(c) Report at 1, ECF No. 20. Respondent states
that the medical evidence demonstrates Petitioner has “met the statutory requirements for
1 Although this ruling is not formally designated for publication, it will be posted nonetheless 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 ruling’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. 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-01558-UNJ Document 24 Filed 02/12/19 Page 2 of 2
entitlement to compensation under the Act.” Id. at 4. Accordingly, Respondent concludes that
Petitioner is entitled to an award of damages, to be determined through further proceedings. Id. at
5.
In light of Respondent’s concession, and based on my own review of the record (see
Section 13(a)(1)), I find that Petitioner is entitled to compensation. A separate damages order
will issue accordingly.
IT IS SO ORDERED.
s/ Katherine E. Oler
Katherine E. Oler
Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_17-vv-01558-1
Date issued/filed: 2024-03-04
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 2/5/2024) regarding 112 DECISION of Special Master - Proffer. Signed by Special Master Katherine E. Oler. (sl) Service on parties made.
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Case 1:17-vv-01558-UNJ Document 116 Filed 03/04/24 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1558V
Filed: February 5, 2024
* * * * * * * * * * * * * * * * * * * * * * * * * *
*
*
SARAH GESCHWINDNER,
*
*
Petitioner, *
*
*
v.
*
*
SECRETARY OF HEALTH AND *
*
HUMAN SERVICES,
*
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * *
Heather Menezes, Shaheen & Gordon, P.A., Manchester, NH, for Petitioner
Mallori Openchowski, U.S. Department of Justice, Washington, DC, for Respondent
DECISION AWARDING DAMAGES1
On October 19, 2017, Sarah Geschwindner (“Petitioner”) filed a petition seeking
compensation under the National Vaccine Injury Compensation Program (“the Vaccine
Program”).2 Pet., ECF No. 1. Petitioner alleges Guillain-Barré syndrome (“GBS”) as a result of
the influenza (“flu”) vaccine she received on October 8, 2014. See Pet. at 1; Proffer at 1.
On December 7, 2018, Respondent filed a Rule 4(c) Report conceding entitlement to
compensation. Resp’t’s Rep. at 1, ECF No. 20. Specifically, Respondent states that
1 Because this Decision contains a reasoned explanation for the action in this case, it must be made publicly
accessible and will be posted on the United States Court of Federal Claims' website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government
Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government
Services). 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, I agree that
the identified material fits within this definition, I will redact such material from public access.
2 The Vaccine 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-10–34 (2012)) (hereinafter
“Vaccine Act” or “the Act”). All subsequent references to sections of the Vaccine Act shall be to the
pertinent subparagraph of 42 U.S.C. § 300aa.

Case 1:17-vv-01558-UNJ Document 116 Filed 03/04/24 Page 2 of 7
Medical personnel at the Division of Injury Compensation Programs, Department
of Health and Human Services (“DICP”) have reviewed the petition and medical
records filed in this case. Based on their review, DICP concluded that petitioner
suffered the Table injury of GBS following a flu vaccine within the Table time
period. See 42 C.F.R. §§ 100.3(a)(XIV)(D) and (c)(15). Further, there is not a
preponderance of medical evidence demonstrating that petitioner’s condition was
due to a factor unrelated to the flu vaccine. See 42 U.S.C. § 300aa-13(a)(1). In
addition, the medical records outlined above establish that petitioner suffered the
residual effects of her GBS for more than six months. See 42 U.S.C. § 300aa-
11(c)(1)(D)(i). Therefore, petitioner has met the statutory requirements for
entitlement to compensation under the Act.
Id. at 4.
On January 4, 2019, I issued a Ruling on Entitlement finding that Petitioner was entitled to
compensation due to Respondent’s concession in his Rule 4(c) Report. ECF No. 21. I issued a
Decision Awarding Damages on January 28, 2022, awarding Petitioner a lump sum of $94,357.33,
comprising of $92,500 for pain and suffering and $1,857.33 for an outstanding Medicaid lien. ECF
No. 67. It was subsequently withdrawn after Petitioner moved for relief from judgment under Rule
60(b)(6) due to her previous counsel’s mishandling of her case. ECF No. 85. The parties resumed
damages discussions.
Respondent filed a proffer on February 2, 2024 (ECF No. 111), agreeing to issue the
following payment, in addition to the amount previously awarded:
A lump sum of $27,500.00, in the form of a check payable to petitioner for pain and
suffering, and
A lump sum of $238.09, representing compensation for satisfaction of the state of New
Hampshire lien, through the Rawlings Company, payable jointly to petitioner and to
The Rawlings Company LLC
Attn. Kristen Cox
P.O. Box 2000
La Grange, KY 40031
Petitioner agrees to endorse this payment to the Rawlings Company LLC.
These amounts represent all elements of compensation for all damages that would be
available under § 300aa-15(a).
I adopt Respondent’s proffer attached hereto, and award compensation in the amount and
on the terms set forth therein. I approve a Vaccine Program award in the requested amount set
2

Case 1:17-vv-01558-UNJ Document 116 Filed 03/04/24 Page 3 of 7
forth above to be made to Petitioner. The Clerk of Court is directed to enter judgment in accordance
with this decision.3
IT IS SO ORDERED.
s/ Katherine E. Oler
Katherine E. Oler
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice
renouncing the right to seek review.
3

Case 1:17-vv-01558-UNJ Document 116 Filed 03/04/24 Page 4 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
SARAH GESCHWINDNER,
Petitioner, No. 17-1558V
Special Master Oler
v. ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On October 19, 2017, Sarah Geschwindner (“petitioner”) filed a petition for
compensation under the National Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C.
§§ 300aa-1 to -34 (“Vaccine Act” or “Act”), alleging that she suffered Guillain-Barre Syndrome
(“GBS”) following an influenza (“flu”) vaccine she received on October 8, 2014. Petition at 1.
On December 7, 2018, respondent conceded that entitlement to compensation was appropriate
under the terms of the Vaccine Act. ECF Doc. 20. Thereafter, on January 4, 2019, Special
Master Oler issued a Ruling on Entitlement finding that petitioner was entitled to vaccine
compensation. ECF Doc. 21. On January 28, 2022, the Court entered a decision on damages,
and a final judgment issued on March 1, 2022.1 ECF Docs. 67, 69. The judgment was paid in
the form of a check payable to petitioner on July 5, 2022, and petitioner deposited the check on
July 19, 2022.
Following satisfaction of judgment, petitioner moved for relief pursuant to U.S. Court of
Federal Claims Rule 60(b)(6) to set aside the judgment and reopen damages, which respondent
1 The Decision awarded petitioner a lump sum of $92,500.00 in pain and suffering and
reimbursed a Medicaid lien of $1,857.33.

Case 1:17-vv-01558-UNJ Document 116 Filed 03/04/24 Page 5 of 7
opposed. ECF Docs. 79, 82. The Court granted petitioner’s motion on October 11, 2022,
vacated the judgment entered on March 1, 2022, and ordered petitioner to file additional
evidence. ECF Doc. 85.
I. Compensation for Vaccine Injury-Related Items
Based on all evidence of record, respondent proffers that petitioner should be awarded
$120,000.00, of which $92,500.00 has previously been paid to petitioner. This amount
represents all elements of compensation to which petitioner would be entitled under 42 U.S.C.
§ 300aa-15(a), with the exception of the reimbursement of the Medicaid lien, below. Petitioner
agrees.
Respondent further proffers that petitioner should be awarded funds to satisfy a state of
New Hampshire Medicaid lien in the amount of $238.09, which represents full satisfaction of
any right of subrogation, assignment, claim, lien, or cause of action the state of New Hampshire
may have against any individual as a result of any Medicaid payments that the state of New
Hampshire 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 8, 2014, under Title XIX of the Social Security Act. This amount is in addition to
the $1,1857.33 previously paid to New Hampshire Medicaid. Petitioner agrees.
II. Form of the Award
Respondent recommends, and petitioner agrees, that the compensation provided to
petitioner be made through two lump sum payments as described below:
2

Case 1:17-vv-01558-UNJ Document 116 Filed 03/04/24 Page 6 of 7
(1) A lump sum payment of $27,500.00, in the form of a check payable to petitioner.2
This amount is in addition to the $92,500.00 previously paid to petitioner.
Petitioner agrees.
(2) A lump sum payment of $238.09, representing compensation for satisfaction of
the state of New Hampshire lien, through the Rawlings Company, payable jointly
to petitioner and to:
The Rawlings Company LLC
Attn. Kristen Cox
P.O. Box 2000
La Grange, KY 40031
Petitioner agrees, and further agrees to endorse this payment to the Rawlings Company LLC.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.3
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
LARA A. ENGLUND
Assistant Director
Torts Branch, Civil Division
2 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 pain and
suffering.
3 The parties have no objection to the amount of the proffered award of damages. However,
respondent reserves his right, pursuant to 42 U.S.C. § 300aa-12(e), to seek review of the Special
October 11, 2022 Rule 60(b) Ruling. This right accrues following the issuance of the damages
decision.
3

Case 1:17-vv-01558-UNJ Document 116 Filed 03/04/24 Page 7 of 7
s/ Mallori B. Openchowski
MALLORI B. OPENCHOWSKI
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Ben Franklin Station
Washington, DC 20044-0146
Tel.: (202) 305-0660
mallori.b.openchowski@usdoj.gov
DATED: February 2, 2024
4