VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01761
Package ID: USCOURTS-cofc-1_17-vv-01761
Petitioner: Kendra Matthews
Filed: 2017-11-09
Decided: 2019-08-14
Vaccine: influenza
Vaccination date: 2016-11-23
Condition: Miller Fisher variant of Guillain-Barré Syndrome (GBS)
Outcome: compensated
Award amount USD: 151362

AI-assisted case summary:
Kendra Matthews filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered the Miller Fisher variant of Guillain-Barré Syndrome (GBS) as a result of an influenza vaccination received on November 23, 2016. The respondent, the Secretary of Health and Human Services, conceded that Ms. Matthews was entitled to compensation. The respondent determined that her GBS was consistent with the Vaccine Injury Table for GBS following the seasonal flu vaccination. A ruling on entitlement was issued on March 21, 2019, finding her entitled to compensation. Subsequently, on May 22, 2019, the respondent filed a proffer on award of compensation, recommending an award of $151,362.43. This amount was comprised of $140,000.00 for pain and suffering and $11,362.43 for unreimbursed medical expenses. Ms. Matthews, an adult, agreed with this proffered award. The Chief Special Master issued a decision awarding Ms. Matthews a lump sum payment of $151,362.43 on August 14, 2019.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01761-0
Date issued/filed: 2019-05-29
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 03/21/2019) regarding 30 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01761-UNJ Document 39 Filed 05/29/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1761V
Filed: March 21, 2019
UNPUBLISHED
KENDRA MATTHEWS,
Special Processing Unit (SPU);
Petitioner, Ruling on Entitlement; Concession;
v. Table Injury; Influenza (Flu) Vaccine;
Miller Fisher Variant of Guillain-Barre
SECRETARY OF HEALTH AND Syndrome (GBS)
HUMAN SERVICES,
Respondent.
Alison H. Haskins, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner.
Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for
respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On November 9, 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 the Miller Fisher variant of Guillain-
Barré Syndrome (GBS) casually related to an adverse reaction from the influenza
vaccination she received on November 23, 2016. Petition at 1, ¶¶ 1, 11. Petitioner
further alleges that she received the vaccination in the United States, that she suffered
the residual effects of her injury for more than six months, and that neither she nor any
1 The undersigned intends to post this ruling on the United States Court of Federal Claims' website. 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, the undersigned
agrees that the identified material fits within this definition, the undersigned will redact such material from
public access. Because this unpublished ruling 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-01761-UNJ Document 39 Filed 05/29/19 Page 2 of 2
other party has filed a civil action or received compensation for her injury, alleged as
vaccine caused. Id. at ¶¶ 1, 12, 15-16. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On March 19, 2019, 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 “has concluded that petitioner’s alleged GBS is consistent
with the Vaccine Injury Table for GBS following the seasonal flu vaccination she
received on November 23, 2016.” Id. at 4-5. Respondent further agrees that “based on
the record as it now stands, petitioner has satisfied all legal prerequisites for
compensation under the Act.” Id.
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-01761-1
Date issued/filed: 2019-08-14
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 05/22/2019) 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-01761-UNJ Document 46 Filed 08/14/19 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1761V
Filed: May 22, 2019
UNPUBLISHED
KENDRA MATTHEWS,
Special Processing Unit (SPU);
Petitioner,
Damages Decision Based on Proffer;
v.
Influenza (Flu) Vaccine; Miller Fisher
Variant of Guillain-Barre Syndrome
SECRETARY OF HEALTH AND
(GBS)
HUMAN SERVICES,
Respondent.
Alison H. Haskins, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner.
Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for
respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On November 9, 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 the Miller Fisher variant of Guillain-
Barré Syndrome (GBS) casually related to an adverse reaction from the influenza
vaccination she received on November 23, 2016. Petition at 1, ¶¶ 1, 11. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On March 21, 2019, a ruling on entitlement was issued, finding petitioner entitled
to compensation for her GBS. On May 22, 2019, respondent filed a proffer on award of
compensation (“Proffer”) indicating petitioner should be awarded $151,362.43,
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-01761-UNJ Document 46 Filed 08/14/19 Page 2 of 4
representing $140,000.00 in compensation for petitioner’s pain and suffering and
$11,362.43 in compensation for petitioner’s unreimbursed medical expenses. Proffer at
1. In the Proffer, respondent represented that petitioner agrees with the proffered
award. Id. Based 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 $151,362.43, representing $140,000.00 in
compensation for petitioner’s pain and suffering and $11,362.43 in compensation
for petitioner’s unreimbursable expenses in the form of a check payable to
petitioner, Kendra Matthews. 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/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-01761-UNJ Document 46 Filed 08/14/19 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
KENDRA MATTHEWS,
Petitioner, No. 17-1761V
Chief Special Master Dorsey
v. ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
On March 19, 2019, respondent concededed that entitlement to compensation was
appropriate under the terms of the Vaccine Act. Thereafter, on March 21, 2019, Chief Special
Master Dorsey issued a Ruling on Entitlement finding that petitioner was entitled to vaccine
compensation for her Guillain-Barre Syndrome (“GBS”). Based on the evidence of record,
respondent proffers that petitioner should be awarded $151,362.43, which is comprised of
damages for pain and suffering in the amount of $140,000.00, and damages for unreimbursed
medical expenses in the amount of $11,362.43. This amount represents all elements of
compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a).1 Petitioner
agrees.
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.

Case 1:17-vv-01761-UNJ Document 46 Filed 08/14/19 Page 4 of 4
II. Form of the Award
The parties recommend that compensation provided to petitioner should be made through
a lump sum payment of $151,362.43, in the form of a check payable to petitioner. 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
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
DATED: May 22, 2019