VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00579 Package ID: USCOURTS-cofc-1_18-vv-00579 Petitioner: Sharen Kraft Filed: 2018-04-23 Decided: 2021-11-22 Vaccine: influenza Vaccination date: 2015-10-04 Condition: Guillain-Barre Syndrome Outcome: compensated Award amount USD: 139795 AI-assisted case summary: Sharen Kraft, an adult, received an influenza vaccine on October 4, 2015. She subsequently developed Guillain-Barre Syndrome (GBS), a neurological condition. The respondent conceded that her GBS was consistent with the Vaccine Injury Table for GBS following a flu vaccine and was caused-in-fact by the vaccination. The respondent also agreed that Ms. Kraft met all legal requirements for compensation. An initial ruling on entitlement was issued on May 31, 2019, finding her entitled to compensation. Later, on October 12, 2021, the respondent filed a proffer for an award of compensation, which Ms. Kraft agreed to. The award totaled $139,795.30, comprising $137,500.00 for pain and suffering and $2,295.30 for past unreimbursed expenses. This decision, awarding damages, was issued on November 22, 2021, by Chief Special Master Brian H. Corcoran. The case proceeded as a Table claim, and entitlement was granted, leading to a compensated outcome. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-00579-0 Date issued/filed: 2019-08-14 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 05/31/2019) regarding 23 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-00579-UNJ Document 31 Filed 08/14/19 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-579V Filed: May 31, 2019 UNPUBLISHED SHAREN KRAFT, Petitioner, Special Processing Unit (SPU); v. Ruling on Entitlement; Concession; Table Injury; Influenza (Flu) Vaccine; SECRETARY OF HEALTH AND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. Shealene Priscilla Mancuso, Muller Brazil, LLP, Dresher, PA, for petitioner. Colleen Clemons Hartley, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Dorsey, Chief Special Master: On April 23, 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 an influenza (“flu”) vaccine administered on October 4, 2015. Petition at 1-7. The case was assigned to the Special Processing Unit of the Office of Special Masters. On May 30, 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 at 1. Specifically, respondent concluded that petitioner’s alleged GBS is consistent with the Vaccine Injury Table for GBS following the seasonal flu vaccination, and it was caused- 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-00579-UNJ Document 31 Filed 08/14/19 Page 2 of 2 in-fact by the flu vaccine she received on October 4, 2015. Id. at 4. Respondent further agrees 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-00579-1 Date issued/filed: 2021-11-22 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 10/14/2021) regarding 57 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. (Main Document 61 replaced on 3/17/2022 to correct the spelling of petitioner's name.) (dls) -------------------------------------------------------------------------------- Case 1:18-vv-00579-UNJ Document 61 Filed 11/22/21 Page 1 of 2 Corrected In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-579V UNPUBLISHED HOLLY A. BURGESS, Personal Chief Special Master Corcoran Representative of the Estate of Sharen Kraft, Filed: October 14, 2021 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. Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner. Colleen Clemons Hartley, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On April 23, 2018, Sharen Kraft 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 Sharen Kraft suffered from Guillain-Barre Syndrome (“GBS”) as a result of an influenza vaccine administered on October 4, 2015. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On May 31, 2019, a ruling on entitlement was issued, finding Petitioner entitled to compensation for GBS. On October 12, 2021, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $139,795.30 (consisting 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Case 1:18-vv-00579-UNJ Document 61 Filed 11/22/21 Page 2 of 2 of $137,500.00 for pain and suffering and $2,295.30 for past unreimbursed expenses). Proffer at 1. 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 $139,795.30 (comprised of $137,500.00 for pain and suffering and $2,295.30 for past unreimbursed expenses) in the form of a check payable to Petitioner, Holly A. Burgess, as the legal representative of the Estate of Sharen Kraft.3 This amount represents compensation for all damages that would be available under Section 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 Holly A. Burgess has demonstrated that she is the legal representative of Ms. Kraft’s estate. Ex. 15. 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