VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00649
Package ID: USCOURTS-cofc-1_18-vv-00649
Petitioner: Kimberly J. Little
Filed: 2018-05-08
Decided: 2019-08-21
Vaccine: influenza
Vaccination date: 2015-10-15
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 147253

AI-assisted case summary:
On May 8, 2018, Kellie Brown, as administrator of the Estate of Kimberly J. Little, filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition alleged that Kimberly J. Little suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccination received on October 15, 2015. The case was assigned to the Special Processing Unit. On May 22, 2019, the respondent filed a Rule 4(c) report conceding that Ms. Little was entitled to compensation. The respondent's report stated that medical personnel reviewed the petition and medical records, concluding that Ms. Little suffered from GBS as set forth in the Vaccine Injury Table. The evidence showed that the GBS onset occurred within the time period specified in the Table following the influenza vaccine, and that Ms. Little suffered residual effects for more than six months, satisfying all legal prerequisites for compensation. On May 28, 2019, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding the petitioner eligible for compensation. Subsequently, on May 28, 2019, a decision awarding damages was issued. The respondent had previously filed a proffer on award of compensation on May 22, 2019, proposing an award of $140,000.00 for pain and suffering and $7,253.93 to satisfy a New York State Medicaid lien. The petitioner agreed with the proffered award. Chief Special Master Dorsey awarded a total of $147,253.93. This included a lump sum of $140,000.00 for pain and suffering, payable to Kellie Brown as administrator of Ms. Little's estate, contingent upon proof of appointment. An additional lump sum of $7,253.93 was awarded to satisfy the New York State Medicaid lien, payable jointly to Kellie Brown as administrator and the Wayne County Department of Social Services. The petitioner was to endorse this payment to the Wayne County Department of Social Services. The decision noted that the clerk of the court was directed to enter judgment in accordance with the decision.

Theory of causation field:
Petitioner Kimberly J. Little received an influenza vaccine on October 15, 2015. She subsequently developed Guillain-Barre Syndrome (GBS). The respondent conceded that Ms. Little's GBS was a Table injury, that the onset occurred within the Table's specified time period following the vaccination, and that she suffered residual effects for more than six months. The respondent's Rule 4(c) Report and Proffer on Award of Compensation, filed May 22, 2019, indicated agreement with these facts. Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on May 28, 2019, finding petitioner entitled to compensation. A Decision Awarding Damages was issued on May 28, 2019, based on a stipulation. The total award was $147,253.93, consisting of $140,000.00 for pain and suffering and $7,253.93 to satisfy a New York State Medicaid lien. The award was made to Kellie Brown, as administrator of Ms. Little's estate. Petitioner's counsel was Matthew F. Belanger of Faraci Lange, LLP. Respondent's counsel was Robert Paul Coleman, III of the U.S. Department of Justice. The public decision does not describe the specific mechanism of causation or name any medical experts.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-00649-0
Date issued/filed: 2019-08-14
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 05/28/2019) regarding 35 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:18-vv-00649-UNJ Document 45 Filed 08/14/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-649V
Filed: May 28, 2019
UNPUBLISHED
Kellie Brown, Administrator of the
Estate of Kimberly J. Little,,
Special Processing Unit (SPU);
Ruling on Entitlement; Concession;
Petitioner,
v. Table Injury; Influenza (Flu) Vaccine;
Guillain-Barre Syndrome (GBS)
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Matthew F. Belanger, Faraci Lange, LLP, Rochester, NY, for petitioner.
Robert Paul Coleman, III, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On May 8, 2018, Kimberly J. Little2 filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,3 (the
“Vaccine Act”). The Petition alleges that Ms. Little suffered Guillain-Barre Syndrome
(“GBS”) as a result of her October 15, 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 Subsequently, by Order dated September 7, 2018, the undersigned granted petitioner’s motion to
substitute Kellie Brown as petitioner in this case. (ECF No. 21).
3 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755.

Case 1:18-vv-00649-UNJ Document 45 Filed 08/14/19 Page 2 of 2
On May 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 and
Proffer on Award of Compensation at 2. Specifically, respondent indicates that
[m]edical personnel at DICP have reviewed the Petition and medical
records filed in this case. Based on that review, DICP has concluded that
Ms. Little suffered from GBS as set forth in the Vaccine Injury Table
(“Table”) and the Qualifications and Aids to Interpretation (“QAI”). The
evidence shows that petitioner suffered GBS following the administration
of an influenza vaccine, and that the onset occurred within the time period
specified in the Table. 42 C.F.R. §§ 100.3(a), (c)(15). In addition,
petitioner suffered the residual effects of her condition for more than six
months. 42 U.S.C. § 300aa-11(c)(1)(D)(i). Therefore, based on the record
as it now stands, petitioner has satisfied all legal prerequisites for
compensation under the Act. 42 U.S.C. § 300aa-13.
Id. at 2-3.
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

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DOCUMENT 2: USCOURTS-cofc-1_18-vv-00649-1
Date issued/filed: 2019-08-21
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 05/28/2019) regarding 36 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:18-vv-00649-UNJ Document 46 Filed 08/21/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-649V
Filed: May 28, 2019
UNPUBLISHED
Kellie Brown, Administrator of the
Estate of Kimberly J. Little,
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.
Matthew F. Belanger, Faraci Lange, LLP, Rochester, NY, for petitioner.
Robert Paul Coleman, III, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On May 8, 2018, Kimberly J. Little filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq., (the
“Vaccine Act”). The Petition alleges that Ms. Little suffered Guillain-Barre Syndrome
(“GBS”) as a result of her October 15, 2015 influenza (“flu”) vaccination. Petition at 1.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On May 28, 2019, a ruling on entitlement was issued, finding petitioner entitled to
compensation for GBS. On May 22, 2019, respondent filed a proffer on award of
compensation indicating petitioner should be awarded $140,000.00 in compensation for
actual pain and suffering damages and $7,253.93 in funds to satisfy a New York State
Medicaid lien. Respondent’s Rule 4(c) Report and Proffer on Award of Compensation
(“Proffer”) at 3-4. In the Proffer, respondent represented that petitioner agrees with the
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).

Case 1:18-vv-00649-UNJ Document 46 Filed 08/21/19 Page 2 of 2
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 Proffer, the undersigned awards the
following:
A. A lump sum payment of $140,000.00, representing compensation for pain
and suffering, in the form of a check payable to petitioner as administrator
of the estate of Kimberly J. Little. No payment shall be made until petitioner
provides respondent with documentation establishing that she has been
appointed as administrator of Kimberly J. Little’s estate. If petitioner is not
authorized by a court of competent jurisdiction to serve as administrator of
Kimberly J. Little’s estate, any such payment shall be made to the party or
parties appointed by a court of competent jurisdiction to serve as
administrator of Kimberly J. Little’s estate upon submission of written
documentation of such appointment to the Secretary.
B. A lump sum payment of $7,253.93, representing compensation for
satisfaction of the New York State Medicaid lien, payable jointly to
petitioner as administrator of Kimberly J. Little’s estate and
Wayne County Department of Social Services
Attn: Sheila Caralla
77 Water Street, P.O. Box 10
Lyons, New York 14489-0010
Recipient Name: Kimberly J. Little
Case Number: M07053
Medicaid ID Number: AC92484A
Petitioner agrees to endorse this payment to the Wayne County
Department of Social Services.
Respondent’s Proffer at 4. 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.2
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
2 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