VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00116
Package ID: USCOURTS-cofc-1_18-vv-00116
Petitioner: Claudie Lee Southern
Filed: 2018-01-24
Decided: 2019-08-07
Vaccine: influenza
Vaccination date: 2016-09-20
Condition: Guillain-Barre Syndrome (GBS)
Outcome: entitlement_granted_pending_damages
Award amount USD: 

AI-assisted case summary:
Claudie Lee Southern filed a petition for compensation under the National Vaccine Injury Compensation Program on January 24, 2018, alleging she developed Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine administered on September 20, 2016. The case was assigned to the Special Processing Unit. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on April 29, 2019, stating that he did not contest that petitioner was entitled to compensation. The respondent specifically noted that petitioner satisfied the criteria set forth in the revised Vaccine Injury Table and the Qualification and Aids to Interpretation, which afford a presumption of causation for GBS occurring between three and forty-two days after a seasonal flu vaccination, with no apparent alternative cause. Based on the respondent's position and the evidence of record, the Chief Special Master found that petitioner is entitled to compensation. The decision was filed on August 7, 2019, and entitlement was granted pending a damages award.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-00116-0
Date issued/filed: 2019-08-07
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 05/01/2019) regarding 28 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:18-vv-00116-UNJ Document 39 Filed 08/07/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-0116V
Filed: May 1, 2019
UNPUBLISHED
CLAUDIE LEE SOUTHERN,
Petitioner, Special Processing Unit (SPU);
v. Ruling on Entitlement; Uncontested;
Table Injury; Influenza (Flu) Vaccine;
SECRETARY OF HEALTH AND Guillain-Barre Syndrome (GBS)
HUMAN SERVICES,
Respondent.
Ann Mayhew Golski, Maglio Christopher & Toale, PA, Washington, DC, for petitioner.
Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On January 24, 2018, 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 developed Guillain-Barre Syndrome (“GBS”)
as a result of an influenza (“flu”) vaccine administered on September 20, 2016 . Petition
at 1, 4. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On April 29, 2019, respondent filed his Rule 4(c) report in which he states that he
does not contest that petitioner is entitled to compensation in this case. Respondent’s
Rule 4(c) Report at 1. Specifically, respondent states that “petitioner has satisfied the
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.

Case 1:18-vv-00116-UNJ Document 39 Filed 08/07/19 Page 2 of 2
criteria set forth in the recently revised Vaccine Injury Table (Table) and the
Qualification and Aids to Interpretation (QAI), which afford petitioner a presumption of
causation if the onset of GBS occurs between three and forty-two days after a seasonal
flu vaccination and there is no apparent alternative cause.” Id. at 9.
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_18-vv-00116-1
Date issued/filed: 2022-12-28
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 08/10/2022) regarding 100 DECISION - Proffer. Signed by Special Master Mindy Michaels Roth. (dkj) Service on parties made.
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Case 1:18-vv-00116-UNJ Document 107 Filed 12/28/22 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-116V
Filed: August 10, 2022
* * * * * * * * * * * * *
CLAUDIE LEE SOUTHERN, * UNPUBLISHED
*
Petitioner, * Decision on Proffer;
* Guillain-Barré Syndrome (“GBS”);
v. * Influenza (“Flu”) Vaccine.
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * *
Isaiah Kalinowski, Esq., Bosson Legal Group, Fairfax, VA for petitioner.
Camille Collett, Esq., US Department of Justice, Washington, DC, for respondent.
DECISION ON PROFFER1
Roth, Special Master:
On January 24, 2018, Claudie Lee Southern [“Mr. Southern or “petitioner”] filed a petition
for compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges
that he developed Guillain-Barré Syndrome (“GBS”) after receiving an influenza vaccination on
September 20, 2016. Petition at 1, 4; ECF No. 1.
On April 29, 2019, respondent filed his Rule 4(c) Report conceding that petitioner satisfied
the criteria necessary to qualify as a Table Injury under the Vaccine Injury Table. See ECF No. 27.
1 Although this Decision has been formally designated “unpublished,” it will nevertheless be posted on the Court of
Federal Claims’ website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899,
2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). This means the Decision will be available to anyone
with access to the internet. 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 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 1:18-vv-00116-UNJ Document 107 Filed 12/28/22 Page 2 of 8
On May 1, 2019, a Ruling on Entitlement was issued, finding petitioner entitled to
compensation for a Table Injury of GBS following the flu vaccine he received on September 20,
2016. ECF No. 28.
Respondent filed a proffer on August 10, 2022, agreeing to issue the following payments:
1) A lump sum of $336,293.05, representing compensation for life care
expenses expected to be incurred during the first year after judgment
($18,605.87), lost earnings ($107,151.53), pain and suffering ($210,000.00),
and past unreimbursable expenses ($535.66), in the form of a check
payable to petitioner, Claudie Lee Southern.
2) An amount sufficient to purchase the annuity contract described in Section
II.B. of the attached proffer.
Proffer, ECF No. 98.
I adopt the parties’ proffer hereto, and award compensation in the amount and on the terms
set forth therein. The clerk of court is directed to enter judgment in accordance with this decision.3
IT IS SO ORDERED.
s/ Mindy Michaels Roth
Mindy Michaels Roth
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.
2

Case 1:18-vv-00116-UNJ Document 107 Filed 12/28/22 Page 3 of 8
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
CLAUDIE LEE SOUTHERN, )
)
Petitioner, ) No. 18-116V
) Special Master
v. ) Mindy Roth
) ECF
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On April 29, 2019, respondent filed his Rule 4(c) Report, in which he
recommended that the Court find petitioner entitled to compensation, and on May 1,
2019, the Court entered its Ruling on Entitlement, finding petitioner entitled to
compensation. See ECF Nos. 27, 28. Specifically, based on respondent’s
recommendation, the Court found petitioner entitled to compensation for Guillain-Barré
syndrome and related sequelae that he sustained following the administration of an
influenza vaccination on September 20, 2016, and that petitioner’s claim satisfies the
requirements necessary to qualify as a Table injury under the Vaccine Injury Table. 42
U.S.C. § 300aa-14(a)(XIV)(D), (c)(15). See ECF No. 28. Respondent now proffers that
petitioner receive an award as follows:
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Case 1:18-vv-00116-UNJ Document 107 Filed 12/28/22 Page 4 of 8
I. Items of Compensation
A. Life Care Items
Respondent engaged life care planner Laura Fox, MSN, BSN, RN, and petitioner
engaged life care planner Tresa Johnson, to provide an estimation of petitioner’s future
vaccine-injury related needs. For the purposes of this proffer, the term “vaccine related”
is as described in the respondent’s Rule 4(c) Report. All items of compensation
identified in the life care plan are supported by the evidence, and are illustrated by the
chart entitled Appendix A: Items of Compensation for Claudie Lee Southern, attached
hereto as Tab A. Respondent proffers that petitioner should be awarded all items of
compensation set forth in the life care plan and illustrated by the chart attached at Tab A.
Petitioner agrees.
B. Lost Earnings
The parties agree that based upon the evidence of record, Claudie Lee Southern
has suffered a loss of earnings. Therefore, respondent proffers that petitioner should be
awarded lost earnings as provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(3)(A).
Respondent proffers that the appropriate award for Claudie Lee Southern’s lost earnings
is $107,151.53. Petitioner agrees.
C. Pain and Suffering
Respondent proffers that petitioner should be awarded $210,000.00 in actual pain
and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
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Case 1:18-vv-00116-UNJ Document 107 Filed 12/28/22 Page 5 of 8
D. Past Unreimbursable Expenses
Evidence supplied by petitioner documents his expenditure of past
unreimbursable expenses related to his vaccine-related injury. Respondent proffers that
petitioner should be awarded past unreimbursable expenses in the amount of $535.66.
Petitioner agrees.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be
made through a combination of lump sum payments and future annuity payments as
described below, and request that the Special Master’s decision and the Court’s judgment
award the following:1
A. A lump sum payment of $336,293.05, representing compensation for life care
expenses expected to be incurred during the first year after judgment ($18,605.87), lost
earnings ($107,151.53), pain and suffering ($210,000.00), and past unreimbursable
expenses ($535.66) in the form of a check payable to petitioner, Claudie Lee Southern.
B. An amount sufficient to purchase an annuity contract,2 subject to the
conditions described below, that will provide payments for the life care items contained
in the life care plan, as illustrated by the chart at Tab A, attached hereto, paid to the life
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 lost earnings, and future pain and suffering.
2 In respondent’s discretion, respondent may purchase one or more annuity
contracts from one or more life insurance companies.
3

Case 1:18-vv-00116-UNJ Document 107 Filed 12/28/22 Page 6 of 8
insurance company3 from which the annuity will be purchased.4 Compensation for Year
Two (beginning on the first anniversary of the date of judgment) and all subsequent years
shall be provided through respondent’s purchase of an annuity, which annuity shall make
payments directly to petitioner, Claudie Lee Southern, only so long as petitioner is alive
at the time a particular payment is due. At the Secretary’s sole discretion, the periodic
payments may be provided to petitioner in monthly, quarterly, annual, or other
installments. The “annual amounts” set forth in the chart at Tab A describe only the total
yearly sum to be paid to petitioner and do not require that the payment be made in one
annual installment.
1. Growth Rate
Respondent proffers that a four percent (4%) growth rate should be applied to all
non-medical life care items, and a five percent (5%) growth rate should be applied to all
medical life care items. Thus, the benefits illustrated in the chart at Tab A that are to be
3 The Life Insurance Company must have a minimum of $250,000,000 capital
and surplus, exclusive of any mandatory security valuation reserve. The Life Insurance
Company must have one of the following ratings from two of the following rating
organizations:
a. A.M. Best Company: A++, A+, A+g, A+p, A+r, or A+s;
b. Moody's Investor Service Claims Paying Rating: Aa3, Aa2, Aa1, or
Aaa;
c. Standard and Poor's Corporation Insurer Claims-Paying Ability Rating:
AA-, AA, AA+, or AAA;
d. Fitch Credit Rating Company, Insurance Company Claims Paying
Ability Rating: AA-, AA, AA+, or AAA.
4 Petitioner authorizes the disclosure of certain documents filed by the petitioner
in this case consistent with the Privacy Act and the routine uses described in the National
Vaccine Injury Compensation Program System of Records, No. 09-15-0056.
4

Case 1:18-vv-00116-UNJ Document 107 Filed 12/28/22 Page 7 of 8
paid through annuity payments should grow as follows: four percent (4%) compounded
annually from the date of judgment for non-medical items, and five percent (5%)
compounded annually from the date of judgment for medical items. Petitioner agrees.
2. Life-contingent annuity
Petitioner will continue to receive the annuity payments from the Life Insurance
Company only so long as he, Claudie Lee Southern, is alive at the time that a particular
payment is due. Written notice shall be provided to the Secretary of Health and Human
Services and the Life Insurance Company within twenty (20) days of Claudie Lee
Southern’s death.
3. Guardianship
Petitioner is a competent adult. Evidence of guardianship is not required in this
case.
III. Summary of Recommended Payments Following Judgment5
A. Lump Sum paid to petitioner, Claudia Lee Southern: $336,293.05
B. An amount sufficient to purchase the annuity contract
described above in section II.B.
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
5 This proffer does not include any award for attorneys’ fees and costs that may be
awarded pursuant to 42 U.S.C. § 300aa-15(e).
5

Case 1:18-vv-00116-UNJ Document 107 Filed 12/28/22 Page 8 of 8
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
LARA A. ENGLUND
Assistant Director
Torts Branch, Civil Division
s/Camille M. Collett
CAMILLE M. COLLETT
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Telephone: (202) 616-4098
E-mail: Camille.M.Collett@usdoj.gov
Dated: August 10, 2022
6