VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00218
Package ID: USCOURTS-cofc-1_18-vv-00218
Petitioner: Sandra Herzig
Filed: 2018-12-10
Decided: 2019-03-13
Vaccine: influenza
Vaccination date: 2016-09-20
Condition: Guillain-Barré syndrome (GBS)
Outcome: compensated
Award amount USD: 150150

AI-assisted case summary:
Sandra Herzig filed a petition for compensation on February 13, 2018, alleging that the influenza vaccine she received on September 20, 2016, caused her to suffer Guillain-Barré syndrome (GBS) and chronic inflammatory demyelinating polyneuropathy (CIDP). The respondent, the Secretary of Health and Human Services, reviewed Ms. Herzig's medical records and concluded in a report filed December 6, 2018, that she suffered from GBS, not CIDP, and that her case met the criteria for compensation under the Vaccine Injury Table. On December 10, 2018, Special Master Christian J. Moran issued a ruling on entitlement, finding that Ms. Herzig was entitled to compensation based on her GBS injury, acknowledging the respondent's concession. Subsequently, on February 12, 2019, the parties filed a Proffer on Award of Compensation, which petitioner agreed to. On March 13, 2019, Special Master Christian J. Moran issued a decision awarding Ms. Herzig a lump sum payment of $150,150.58. This award was comprised of $150,000.00 for pain and suffering and $150.58 for past unreimbursable expenses. The case was resolved through this proffer, and judgment was to be entered accordingly. Petitioner's counsel was Ronald C. Homer of Conway, Homer, P.C. Respondent's counsel was Julia M. Collison of the U.S. Department of Justice. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of causation.

Theory of causation field:
Petitioner Sandra Herzig alleged that an influenza vaccine administered on September 20, 2016, caused Guillain-Barré syndrome (GBS) and chronic inflammatory demyelinating polyneuropathy (CIDP). The respondent conceded that petitioner suffered from GBS and met the criteria under the Vaccine Injury Table. Special Master Christian J. Moran issued a ruling on entitlement on December 10, 2018, finding petitioner entitled to compensation for GBS. A subsequent decision on March 13, 2019, awarded petitioner $150,150.58, consisting of $150,000.00 for pain and suffering and $150.58 for past unreimbursable expenses, based on a proffer agreed to by both parties. The public text does not name specific medical experts or detail the mechanism of causation beyond its inclusion in the Vaccine Injury Table.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-00218-0
Date issued/filed: 2019-01-08
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/10/2018) regarding 32 Ruling on Entitlement. Signed by Special Master Christian J. Moran. (abs) Service on parties made.
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Case 1:18-vv-00218-UNJ Document 35 Filed 01/08/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
SANDRA HERZIG, * No. 18-218V
* Special Master Christian J. Moran
Petitioner, *
*
v. * Filed: December 10, 2018
*
SECRETARY OF HEALTH * Ruling on entitlement; influenza
AND HUMAN SERVICES, * vaccine; Guillain-Barré syndrome
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Ronald C. Homer, Conway, Homer, P.C., Boston, MA, for Petitioner;
Julia M. Collison, U.S. Department of Justice, Washington, DC, for Respondent.
UNPUBLISHED RULING FINDING ENTITLEMENT1
On February 13, 2018, Sandra Herzig filed a petition for compensation for a
vaccine related injury. Ms. Herzig alleged that the influenza (“flu”) vaccine she
received on September 20, 2016, which is contained in the Vaccine Injury Table
(the “Table”), 42 C.F.R. §100.3(a), caused her to suffer Guillain-Barré syndrome
(GBS) and chronic inflammatory demyelinating polyneuropathy (CIDP). Ms.
Herzig further alleged that she suffered the residual effects of these injuries for
more than six months. Ms. Herzig represented that there has been no prior award
or settlement of a civil action for damages on her behalf as a result of her
condition.
In the Rule 4 report filed on December 6, 2018, respondent stated that
medical personnel at the Division of Injury Compensation Programs, Department
of Health and Human Services, have reviewed Ms. Herzig’s medical records and
1 The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of
Electronic Government Services), requires that the Court post this ruling on its website.
Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing redaction of
medical information or other information described in 42 U.S.C. § 300aa-12(d)(4). Any
redactions ordered by the special master will appear in the document posted on the website.

Case 1:18-vv-00218-UNJ Document 35 Filed 01/08/19 Page 2 of 2
concluded that Ms. Herzig “suffered from GBS, not CIDP, and that she has
satisfied the criteria set forth in the recently revised Vaccine Injury Table.”
Resp’t’s Rep. at 6. As a result, respondent recommended that “compensation be
awarded for [Ms. Herzig’s] GBS following administration of the flu vaccine.” Id.
at 1.
Special masters may determine whether a petitioner is entitled to
compensation based upon the record without holding a hearing. 42 U.S.C. §
300aa-13; Vaccine Rule 8(d). Based upon a review of the record as a whole, the
undersigned finds that petitioner has established that she is entitled to
compensation based on her GBS injury.
A damages order will issue shortly.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_18-vv-00218-1
Date issued/filed: 2019-03-13
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 2/13/2019) regarding 39 DECISION of Special Master. Signed by Special Master Christian J. Moran. (abs) Service on parties made.
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Case 1:18-vv-00218-UNJ Document 43 Filed 03/13/19 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
SANDRA HERZIG, * No. 18-218V
* Special Master Christian J. Moran
Petitioner, *
*
v. * Filed: February 13, 2019
*
SECRETARY OF HEALTH * Damages; influenza vaccine (“flu”);
AND HUMAN SERVICES, * Guillain-Barré syndrome (“GBS”)
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Ronald C. Homer, Conway, Homer, P.C., Boston, MA, for Petitioner;
Julia M. Collison, U.S. Department of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION AWARDING DAMAGES1
On February 13, 2018, Sandra Herzig filed a petition seeking compensation
under the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa – 1
through 34, alleging that the influenza vaccination caused her to suffer Guillain-
Barré syndrome (GBS) and chronic inflammatory demyelinating polyneuropathy
(CIDP). On December 10, 2018, the undersigned ruled, based upon respondent’s
concession, see Respondent’s Report, filed December 6, 2018, that Ms. Herzig is
entitled to compensation under the Vaccine Act for her GBS injury.
On February 12, 2019, respondent filed a Proffer on Award of
Compensation, to which petitioner agrees. Based upon the record as a whole, the
special master finds the proffer reasonable and that petitioner is entitled to an
award of pain and suffering damages and past unreimbursable expenses as stated in
1 The E-Government Act, 44 § 3501 note (2012) (Federal Management and Promotion of
Electronic Government Services), requires that the Court post this decision on its website.
Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing redaction of
medical information or other information described in 42 U.S.C. § 300aa-12(d)(4). Any
redactions ordered by the special master will appear in the document posted on the website.

Case 1:18-vv-00218-UNJ Document 43 Filed 03/13/19 Page 2 of 5
the Proffer. Pursuant to the attached Proffer, the following is awarded to
petitioner:
A lump sum payment of $150,150.58, in the form of a check payable to
petitioner, Sandra Herzig. This amount represents compensation for all
damages that would be available under 42 U.S.C. §300aa-15(a).
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment in case 18-218V according to this decision
and the attached proffer.2
Any questions may be directed to my law clerk, Andrew Schick, at (202)
357-6360.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each
party filing a notice renouncing the right to seek review by a United States Court of Federal
Claims judge.

Case 1:18-vv-00218-UNJ Document 43 Filed 03/13/19 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
SANDRA HERZIG, )
)
Petitioner, )
) No. 18-218V
v. ) Special Master Christian J. Moran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On February 13, 2018, Sandra Herzig (“petitioner”) filed a petition for compensation
under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34
(“Vaccine Act” or “Act”), alleging that she suffered Guillain-Barré Syndrome (“GBS”) and/or
chronic inflammatory demyelinating polyneuropathy (“CIDP”) as a result of an influenza (“flu”)
vaccine administered to her on September 20, 2016. On December 6, 2018, the Secretary of
Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that petitioner’s
GBS case is appropriate for compensation under the terms of the Act, and on December 10,
2018, the Special Master issued a Ruling on Entitlement finding petitioner entitled to
compensation.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that Sandra Herzig should be awarded $150,000.00 in actual and
projected pain and suffering. This amount reflects that the award for projected pain and

Case 1:18-vv-00218-UNJ Document 43 Filed 03/13/19 Page 4 of 5
suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner
agrees.
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents Sandra Herzig’s expenditure of past
unreimbursable expenses as a result of her vaccine injury. Respondent proffers that petitioner
should be awarded past unreimbursable expenses in the amount of $150.58, as provided under
the Vaccine Act, 42 U.S.C. § 300aa-15(a)(1)(B). Petitioner agrees.
II. Form of the Award
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respondent recommends that the compensation provided to Sandra Herzig should be made
through a lump sum payment as described below and requests that the Special Master’s decision
and the Court’s judgment award the following1: a lump sum payment of $150,150.58,
representing compensation for pain and suffering ($150,000.00), and past unreimbursable
expenses ($150.58), in the form of a check payable to petitioner, Sandra Herzig.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Sandra Herzig: $150,150.58
Respectfully submitted,
JOSEPH H. HUNT
Assistant Attorney General
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.
2

Case 1:18-vv-00218-UNJ Document 43 Filed 03/13/19 Page 5 of 5
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/ Julia M. Collison
JULIA M. COLLISON
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Ben Franklin Station
Washington, DC 20044-0146
Tel: (202) 305-0102
Dated: February 12, 2019
3