VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00478 Package ID: USCOURTS-cofc-1_18-vv-00478 Petitioner: Daniel J. Holding Filed: 2019-03-22 Decided: 2019-06-05 Vaccine: influenza Vaccination date: 2017-01-02 Condition: Guillain-Barre Syndrome Outcome: compensated Award amount USD: 106524 AI-assisted case summary: Daniel J. Holding filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he developed Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine he received on January 2, 2017. The respondent, the Secretary of Health and Human Services, conceded that Mr. Holding was entitled to compensation. The respondent agreed that Mr. Holding developed GBS, a Table injury, within the specified timeframe after his flu vaccination and that there was no apparent alternative cause. Furthermore, the respondent acknowledged that Mr. Holding suffered residual effects for more than six months and met all legal requirements for compensation. Based on the respondent's concession and the evidence, the Chief Special Master found Mr. Holding entitled to compensation. Subsequently, a damages decision was issued based on a proffer. The respondent proffered an award of $106,524.41, which included $92,000.00 for pain and suffering, $11,904.06 for lost wages, and $2,620.35 for past unreimbursable expenses. Mr. Holding agreed with this proffered award. The court awarded Mr. Holding the stipulated lump sum of $106,524.41, representing compensation for all damages available under the Vaccine Act. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-00478-0 Date issued/filed: 2019-05-29 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 03/22/2019) regarding 28 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-00478-UNJ Document 38 Filed 05/29/19 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-0478V Filed: March 22, 2019 UNPUBLISHED DANIEL J. HOLDING, Petitioner, Special Processing Unit (SPU); v. Ruling on Entitlement; Concession; Table Injury; Influenza (Flu) Vaccine; SECRETARY OF HEALTH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. Matthew F. Belanger, Faraci Lange LLP, Rochester, NY, for petitioner. Meredith Burns Healy, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Dorsey, Chief Special Master: On April 2, 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 he developed Guillain-Barre Syndrome (“GBS”) as a result of an influenza (“flu”) vaccine received on January 2, 2017. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On March 22, 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 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-00478-UNJ Document 38 Filed 05/29/19 Page 2 of 2 at 1. Specifically, respondent agrees that petitioner developed GBS, as defined by the Vaccine Injury Table, between three and forty-two days after receiving a seasonal flu vaccination and there is no apparent alternative cause Id. at 5. Respondent further agrees that petitioner suffered the residual effects of his condition for more than six months and 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-00478-1 Date issued/filed: 2019-06-05 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 03/22/2019) regarding 29 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-00478-UNJ Document 39 Filed 06/05/19 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-0478V Filed: March 22, 2019 UNPUBLISHED DANIEL J. HOLDING, Petitioner, Special Processing Unit (SPU); v. Damages Decision Based on Proffer; Influenza (Flu) Vaccine; Guillain- SECRETARY OF HEALTH AND Barre Syndrome (GBS) HUMAN SERVICES, Respondent. Matthew F. Belanger, Faraci Lange LLP, Rochester, NY, for petitioner. Meredith Burns Healy, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 Dorsey, Chief Special Master: On April 2, 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 he developed Guillain-Barre Syndrome (“GBS”) as a result of an influenza (“flu”) vaccine received on January 2, 2017. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On March 22, 2019, a ruling on entitlement was issued, finding petitioner entitled to compensation for his GBS. On March 22, 2019, respondent filed a proffer on award of compensation (“Proffer”) indicating petitioner should be awarded $106,524.41 (representing $92,000.00 in pain and suffering, $11,904.06 in lost wages, and $2,620.35 in past unreimbursable expenses). Proffer at 5-6. In the Proffer, respondent 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 1:18-vv-00478-UNJ Document 39 Filed 06/05/19 Page 2 of 2 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 $106,524.41 (representing $92,000.00 in pain and suffering, $11,904.06 in lost wages, and $2,620.35 in past unreimbursable expenses) in the form of a check payable to petitioner, Daniel J. Holding. 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