VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00233 Package ID: USCOURTS-cofc-1_18-vv-00233 Petitioner: Gina Beck Filed: 2018-02-15 Decided: 2020-08-25 Vaccine: influenza Vaccination date: 2015-03-08 Condition: Guillain-Barre Syndrome (GBS) Outcome: compensated Award amount USD: 1083725 AI-assisted case summary: Gina Beck filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered Guillain-Barre Syndrome (GBS) as a result of her March 8, 2015 influenza vaccination. The respondent conceded that Ms. Beck is entitled to compensation, concluding that she suffered GBS following the flu vaccine within the Table time period and that there was not a preponderance of evidence that her GBS was due to an unrelated factor. The respondent further agreed that Ms. Beck experienced sequelae of her GBS for more than six months and satisfied all legal prerequisites for compensation. A ruling on entitlement was issued on December 19, 2018, finding her entitled to compensation. Subsequently, on July 20, 2020, the respondent filed a proffer on award of compensation, indicating that Ms. Beck should be awarded $1,083,725.96. This amount included $140,000.00 for pain and suffering and $943,725.96 for lost wages. Ms. Beck agreed with the proffered award. The Chief Special Master issued a decision awarding Ms. Beck a lump sum payment of $1,083,725.96. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-00233-0 Date issued/filed: 2019-02-06 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 12/19/2018) regarding 24 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-00233-UNJ Document 28 Filed 02/06/19 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-233V Filed: December 19, 2018 UNPUBLISHED GINA BECK, Petitioner, Special Processing Unit (SPU); v. Ruling on Entitlement; Concession; Table Injury; Influenza (Flu) Vaccine; SECRETARY OF HEALTH AND Guillain-Barre Syndrome (GBS) HUMAN SERVICES, Respondent. Joseph Alexander Vuckovich, Maglio Christopher & Toale, PA, Washington, DC, for petitioner. Linda Sara Renzi, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Dorsey, Chief Special Master: On February 15, 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 suffered Guillain-Barre Syndrome (“GBS”) as a result of her March 8, 2015 influenza (“flu”) vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. 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 1:18-vv-00233-UNJ Document 28 Filed 02/06/19 Page 2 of 2 On December 17, 2018, 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 “concluded that petitioner suffered GBS following a flu vaccine within the Table time period, and there is not a preponderance of the medical evidence that petitioner’s GBS was due to a factor unrelated to the vaccination.” Id. at 5. Respondent further agrees that petitioner experienced sequelae of her GBS for more than six months and that petitioner has satisfied all legal prerequisites for compensation under the Vaccine 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 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_18-vv-00233-1 Date issued/filed: 2020-08-25 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 07/20/2020) regarding 51 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-00233-UNJ Document 55 Filed 08/25/20 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-0233V UNPUBLISHED GINA BECK, Chief Special Master Corcoran Petitioner, Filed: July 20, 2020 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Damages Decision Based on Proffer; HUMAN SERVICES, Influenza (Flu) Vaccine; Guillain- Barre Syndrome (GBS) Respondent. Joseph Alexander Vuckovich, Maglio Christopher & Toale, PA, Washington, DC, for petitioner. Linda Sara Renzi, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 On February 15, 2018, Gina Beck 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 Guillain-Barré Syndrome (GBS) as a result of her March 8, 2015 influenza (“flu”) vaccination. Petition at 1. Petitioner further alleges that she experienced sequelae of her GBS for more than six months. Petition at 2. The case was assigned to the Special Processing Unit of the Office of Special Masters. On December 19, 2018, a ruling on entitlement was issued, finding Petitioner entitled to compensation for GBS. ECF 24. On July 20, 2020, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded 1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am 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). 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 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 1:18-vv-00233-UNJ Document 55 Filed 08/25/20 Page 2 of 5 $1,083,725.96. Proffer at 2. Specifically, Respondent proffers that Petitioner should be awarded $140,000.00 in pain and suffering and $943,725.96 in lost wages. ECF 50. In the Proffer, Respondent represented that Petitioner agrees with the proffered award. Id. Based on the record as a whole, I find that Petitioner is entitled to an award as stated in the Proffer. Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $1,083,725.96 in the form of a check payable to Petitioner. 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/Brian H. Corcoran Brian H. Corcoran 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 1:18-vv-00233-UNJ Document 55 Filed 08/25/20 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ____________________________________ ) GINA BECK, ) ) Petitioner, ) ) No. 18-233V v. ) Chief Special Master ) Brian H. Corcoran ) ECF SECRETARY OF HEALTH AND ) HUMAN SERVICES, ) ) Respondent. ) ____________________________________) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On February 15, 2018, Gina Beck (“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”), following administration of an influenza vaccine on March 8, 2015. Petition at 1. On December 17, 2018, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that this case is appropriate for compensation under the terms of the Act for GBS, and on December 19, 2018, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 23; ECF No. 24. I. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $140,000.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. Case 1:18-vv-00233-UNJ Document 55 Filed 08/25/20 Page 4 of 5 B. Lost Wages Evidence supplied by petitioner documents that she incurred past and future lost wages as a result of her vaccine-related injury. Respondent proffers that petitioner should be awarded lost wages in the amount of $943,725.96. See 42 U.S.C. § 300aa-15(a)(3)(A). Petitioner agrees. These amounts represent all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). 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 petitioner should be made through a lump sum payment as described below and requests that the Chief Special Master’s decision and the Court’s judgment award the following1: a lump sum payment of $1,083,725.96, in the form of a check payable to petitioner. III. Summary of Recommended Payments Following Judgment Lump sum payable to petitioner, Gina Beck: $1,083,725.96 Respectfully submitted, ETHAN P. DAVIS Acting Assistant Attorney General C. SALVATORE D’ALESSIO Acting Director Torts Branch, Civil Division CATHARINE E. REEVES Deputy 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 lost earnings and future pain and suffering. 2 Case 1:18-vv-00233-UNJ Document 55 Filed 08/25/20 Page 5 of 5 ALEXIS B. BABCOCK Assistant Director Torts Branch, Civil Division /s/ Linda S. Renzi Linda S. Renzi Senior Trial Counsel Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Tel: (202) 616-4133 DATED: July 20, 2020 3