VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00553 Package ID: USCOURTS-cofc-1_18-vv-00553 Petitioner: Alejandra Idone Filed: 2018-04-17 Decided: 2019-12-23 Vaccine: influenza Vaccination date: 2016-10-19 Condition: Guillain-Barre Syndrome (GBS) Outcome: compensated Award amount USD: 92000 AI-assisted case summary: Alejandra Idone filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered Guillain-Barre Syndrome (GBS) causally related to an influenza vaccination she received on October 19, 2016. The case was assigned to the Special Processing Unit. The respondent filed a Rule 4(c) report conceding that Ms. Idone is entitled to compensation. The respondent indicated that Ms. Idone satisfied the criteria set forth in the revised Vaccine Injury Table and the Qualifications 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 record and the respondent's concession, the Chief Special Master found Ms. Idone entitled to compensation. Subsequently, a decision awarding damages was issued. The respondent's proffer, which Ms. Idone agreed with, recommended an award of $92,000.00. The Chief Special Master awarded Ms. Idone a lump sum payment of $92,000.00 as compensation for all available damages. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-00553-0 Date issued/filed: 2019-12-20 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 10/18/2019) regarding 35 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (ypb) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-00553-UNJ Document 46 Filed 12/20/19 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-0553V Filed: October 18, 2019 UNPUBLISHED ALEJANDRA IDONE, Petitioner, Special Processing Unit (SPU); v. Ruling on Entitlement; Concession; Table Injury; Influenza (Flu) Vaccine; SECRETARY OF HEALTH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. Alison H. Haskins, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner. Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Corcoran, Chief Special Master: On April 17, 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-Barré Syndrome (GBS) causally related to an adverse reaction to the influenza vaccination she received on October 19, 2016. Petition at ¶¶ 1, 16. 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 other party has brought a civil action or received compensation for her injury, alleged as vaccine caused. Id. at ¶¶ 17, 20-21. The case was assigned to the Special Processing Unit of the Office of Special Masters. 1 I intend 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, I agree that the identified material fits within this definition, I will redact such material from public access. Because this unpublished ruling 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). 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Case 1:18-vv-00553-UNJ Document 46 Filed 12/20/19 Page 2 of 2 On October 17, 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 and Proffer at 1. Specifically, respondent indicates that “petitioner has satisfied the criteria set forth in the revised Vaccine Injury Table (Table) and the Qualifications and Aids to Interpretation (QAI), which afford petitioner a presumption of causation if onset of GBS occurs between three and forty-two days after a seasonal flu vaccination and there is no apparent alternative cause.” Id. at 3-4. Respondent further indicates “based on the current record, petitioner has satisfied all legal prerequisites for compensation under the Act.” Id. at 4. 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/Brian H. Corcoran Brian H. Corcoran Chief Special Master ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_18-vv-00553-1 Date issued/filed: 2019-12-23 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 10/18/2019) regarding 36 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-00553-UNJ Document 47 Filed 12/23/19 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-0553V Filed: October 18, 2019 UNPUBLISHED ALEJANDRA IDONE, Special Processing Unit (SPU); Petitioner, Damages Decision Based on Proffer; v. Influenza (Flu) Vaccine; Guillain- Barre Syndrome (GBS) SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Alison H. Haskins, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner. Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 Corcoran, Chief Special Master: On April 17, 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-Barré Syndrome (GBS) causally related to an adverse reaction to the influenza vaccination she received on October 19, 2016. Petition at ¶¶ 1, 16. The case was assigned to the Special Processing Unit of the Office of Special Masters. On October 18, 2019, a ruling on entitlement was issued, finding petitioner entitled to compensation for her GBS. On October 17, 2019, respondent filed a combined Rule 4 report and proffer on award of compensation (“Rule 4 Report and 1 I intend 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, I agree that the identified material fits within this definition, I will redact such material from public access. 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). 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Case 1:18-vv-00553-UNJ Document 47 Filed 12/23/19 Page 2 of 2 Proffer”)3 indicating petitioner should be awarded $92,000.00. Rule 4 Report and Proffer at 4. 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 Proffer, I award petitioner a lump sum payment of $92,000.00 in the form of a check payable to petitioner, Alejandra Idone. 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.4 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 The combined Rule 4 report and proffer contains information regarding petitioner’s personal medical history which is not generally included in a proffer, when separately filed. Thus, the undersigned will not attach the proffer to the decision in this case. 4 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