VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01633 Package ID: USCOURTS-cofc-1_17-vv-01633 Petitioner: Rhonda Meade Filed: 2017-10-30 Decided: 2019-07-30 Vaccine: influenza Vaccination date: 2014-11-05 Condition: Guillain-Barré syndrome Outcome: compensated Award amount USD: 211006 AI-assisted case summary: Rhonda Meade filed a petition for compensation under the National Vaccine Injury Compensation Program on October 30, 2017, alleging she developed Guillain-Barré syndrome (GBS) as a result of an influenza vaccine received on November 5, 2014. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report conceding that Ms. Meade satisfied the criteria set forth in the Vaccine Injury Table and its Qualifications and Aids to Interpretation. Based on this concession, the Special Master issued a Ruling on Entitlement, finding Ms. Meade entitled to compensation for her GBS and its related sequelae. The parties subsequently reached a stipulation on damages. The respondent proffered a lump sum payment of $211,006.94 to compensate Ms. Meade for pain and suffering ($200,000.00) and past unreimbursable expenses ($11,006.94). The Special Master adopted the parties' proffer and awarded compensation in that amount. The decision was issued on July 30, 2019. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-01633-0 Date issued/filed: 2019-04-10 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 3/1/2019) regarding 27 Ruling on Entitlement. Signed by Special Master Katherine E. Oler. (dd) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-01633-UNJ Document 30 Filed 04/10/19 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-1633V (Unpublished) * * * * * * * * * * * * * * * * * * * * * * * * * RHONDA MEADE, * * Filed: March 1, 2019 Petitioner, * Special Master Oler * v. * Entitlement; Influenza (“Flu”) Vaccine * Guillain-Barré syndrome (“GBS”). SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner. Jennifer Leigh Reynaud, U.S. Dep’t of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On October 30, 2017, Rhonda Meade (“Petitioner”) 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 November 5, 2014. See Petition at 1, ECF No. 1. In his Rule 4(c) Report, filed on February 28, 2019, Respondent recommends that compensation be awarded in this case. Rule 4(c) Report at 1, ECF No. 26. Respondent states that the medical evidence demonstrates Petitioner has “satisfied the criteria set forth in the Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation (“QAI”).” Id. at 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-01633-UNJ Document 30 Filed 04/10/19 Page 2 of 2 4. Accordingly, Respondent concludes that Petitioner is entitled to an award of damages, the scope of which is limited to Petitioner’s GBS and its related sequelae. Id. The type and amount of damages is to be determined through further proceedings. 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 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_17-vv-01633-1 Date issued/filed: 2019-07-30 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 5/1/19) regarding 33 DECISION Stipulation/Proffer. Signed by Special Master Katherine E. Oler. (aa) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-01633-UNJ Document 39 Filed 07/30/19 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-1633V * * * * * * * * * * * * * * * * * * * * * * * * * * * * RHONDA MEADE, * * Special Master Katherine E. Oler Petitioner, * * Filed: May 1, 2019 * v. * * Damages Decision Based on Proffer; SECRETARY OF HEALTH AND * Influenza (Flu) Vaccine; Guillain-Barré HUMAN SERVICES, * syndrome (GBS) * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner. Jennifer L. Reynaud, U.S. Dep’t of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On October 30, 2017, Rhonda Meade (“Petitioner”) 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”) vaccination she received on November 5, 2014.3 Am. Pet., ECF No. 11. 1 Because this decision 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). This means the ruling 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 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. 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). 3 This case was initially assigned to Special Master Millman (ECF No. 4) and reassigned to my docket on January 10, 2018 (ECF No. 9). Case 1:17-vv-01633-UNJ Document 39 Filed 07/30/19 Page 2 of 5 On February 28, 2019, Respondent filed a Rule 4(c) Report (“Resp’t’s Rep.”) in which he conceded that Petitioner is entitled to compensation for her claim of GBS. Resp’t’s Rep., ECF No. 26. Specifically, Respondent stated that the medical evidence demonstrates Petitioner has “satisfied the criteria set forth in the Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation (“QAI”).” Id. at 4. Accordingly, Respondent concluded that Petitioner is entitled to an award of damages limited to Petitioner’s “GBS and its related sequelae only.” Id. In light of Respondent’s concession, I issued a Ruling on Entitlement on March 1, 2019. ECF No. 27. I subsequently ordered the parties to inform the Court on their progress towards resolving damages. See Damages Order, ECF No. 29. Respondent filed a proffer on April 30, 2019 (ECF No. 32), agreeing to issue the following payments: a. a lump sum payment of $211,006.94. These amounts represent all elements of compensation for all damages that would be available under § 300aa-15(a). I adopt the parties’ proffer attached hereto, and award compensation in the amount and on the terms set forth therein. I, therefore, award compensation in the amount of a lump sum payment of $211,006.94, in the form of a check payable to Petitioner, Rhonda Meade. The clerk of court is directed to enter judgment in accordance with this decision.4 Any questions regarding this Order may be directed to my law clerk, Ahmed Almudallal, by email at Ahmed_Almudallal@cfc.uscourts.gov. IT IS SO ORDERED. /s/ Katherine E. Oler Katherine E. Oler Special Master 4 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice renouncing the right to seek review. Case 1:17-vv-01633-UNJ Document 39 Filed 07/30/19 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS RHONDA MEADE, Petitioner, v. No. 17-1633V Special Master Oler SECRETARY OF HEALTH AND ECF HUMAN SERVICES, Respondent. RESPONDENT'S PROFFER ON AWARD OF COMPENSATION On October 30, 2017, Rhonda Meade (“petitioner”) filed a petition for compensation (“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act” or “Act”), as amended. She then filed an Amended Petition setting forth a more detailed recitation of the facts on March 1, 2018. Respondent conceded petitioner’s entitlement to compensation in his Rule 4(c) Report filed on February 28, 2019. Based on Respondent’s Rule 4(c) Report, on March 1, 2019, the Special Master found petitioner entitled to compensation. I. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $200,000.00 in actual and projected pain and suffering. This amount reflects that any award for projected pain and suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. 1 Case 1:17-vv-01633-UNJ Document 39 Filed 07/30/19 Page 4 of 5 B. Past Unreimbursable Expenses Evidence supplied by petitioner documents her expenditure of past unreimbursable expenses related to her vaccine-related injury. Respondent proffers that petitioner should be awarded past unreimbursable expenses in the amount of $11,006.94. Petitioner agrees. II. Form of the Award Respondent recommends that the compensation provided to petitioner should be made through a lump sum payment of $211,006.94, representing compensation for pain and suffering ($200,000.00) and past unreimbursable expenses ($11,006.94), in the form of a check payable to petitioner.1 This lump sum payment represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. Petitioner is a competent adult. Evidence of guardianship is not required in this case. 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 ALEXIS B. BABCOCK Assistant Director Torts Branch, Civil Division 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 pain and suffering, and future lost wages. 2 Case 1:17-vv-01633-UNJ Document 39 Filed 07/30/19 Page 5 of 5 /s Jennifer L. Reynaud JENNIFER L. REYNAUD Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 (202) 305-1586 DATED: April 30, 2019 3