VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00720 Package ID: USCOURTS-cofc-1_18-vv-00720 Petitioner: Patricia Wright Filed: 2019-09-24 Decided: 2020-03-26 Vaccine: influenza Vaccination date: 2016-10-26 Condition: Guillain-Barre Syndrome (GBS) Outcome: compensated Award amount USD: 145168 AI-assisted case summary: Patricia Wright filed a petition for compensation under the National Vaccine Injury Compensation Program on September 24, 2019, alleging she suffered Guillain-Barre Syndrome (GBS) after receiving an influenza vaccination on October 26, 2016. The respondent conceded that Ms. Wright was entitled to compensation, as her GBS was a Table injury with onset between three and forty-two days after the vaccination and no apparent alternative cause. A ruling on entitlement was issued on September 24, 2019. Subsequently, on February 12, 2020, the respondent filed a proffer on award of compensation, proposing an award of $145,168.90. This amount included $140,000.00 for pain and suffering and $5,168.90 for past unreimbursable expenses. Ms. Wright, who is a competent adult, agreed with the proffered award. The Chief Special Master issued a decision awarding Ms. Wright the lump sum of $145,168.90 on March 26, 2020. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-00720-0 Date issued/filed: 2019-11-21 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 09/24/2019) regarding 33 Ruling on Entitlement Signed by Special Master Nora Beth Dorsey. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-00720-UNJ Document 38 Filed 11/21/19 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-0720V Filed: September 24, 2019 UNPUBLISHED PATRICIA WRIGHT, Petitioner, Special Processing Unit (SPU); v. Ruling on Entitlement; Concession; Table Injury; Influenza (Flu) Vaccine; SECRETARY OF HEALTH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. Timothy Lessman, Knutsen Casey Law Firm, Mankato, MN, counsel for petitioner. Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Dorsey, Chief Special Master: On May 22, 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) after receiving the influenza vaccination on October 26, 2016. Petition at 1. Petitioner further alleges that she received the vaccination in the United States, that she suffered the residual effects of her GBS for more than six months, and that neither she nor any other party has filed a civil action or received compensation for her GBS. Petition at 2. 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-00720-UNJ Document 38 Filed 11/21/19 Page 2 of 2 On September 16, 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 indicates “[i]t is his position that petitioner has satisfied the criteria set forth in the Vaccine Injury Table and Qualifications and Aids to interpretation, which afford petitioner a presumption of causation if the 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. 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 2 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_18-vv-00720-1 Date issued/filed: 2020-03-26 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 02/21/2020) regarding 44 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-00720-UNJ Document 48 Filed 03/26/20 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-0720V UNPUBLISHED PATRICIA WRIGHT, Chief Special Master Corcoran Petitioner, Filed: February 21, 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. Timothy James Lessman, Knutson & Casey Law Firm, Mankato, MN, for petitioner. Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 On May 22, 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) after receiving the influenza vaccination on October 26, 2016. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On September 24, 2019, a ruling on entitlement was issued, finding Petitioner entitled to compensation for her GBS. On February 12, 2020, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $145,168.90, representing compensation in the amount of $140,000.00 for Petitioner’s actual and projected pain and suffering and in the amount of $5,168.90 for Petitioner’s past unreimburseable expenses. Proffer at 1. In the Proffer, Respondent represented 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-00720-UNJ Document 48 Filed 03/26/20 Page 2 of 4 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 $145,168.90, representing compensation in the amount of $140,000.00 for her actual and projected pain and suffering and in the amount of $5,168.90 for her actual unreimburseable expenses 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-00720-UNJ Document 48 Filed 03/26/20 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS _________________________________________ ) PATRICIA WRIGHT, ) ) Petitioner, ) ) No. 18-720V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND ) HUMAN SERVICES, ) ) Respondent. ) __________________________________________) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On September 16, 2019, respondent conceded that entitlement to compensation was appropriate under the terms of the Vaccine Act. ECF No. 32. Thereafter, on September 24, 2019, the Court issued a Ruling on Entitlement, finding that petitioner was entitled to vaccine compensation for her Guillain-Barre Syndrome (GBS). ECF No. 34. Based upon the evidence of record, respondent proffers the following: I. Items of Compensation A. Pain and Suffering Respondent proffers that the Court should award petitioner a lump sum of $140,000.00 for her actual and projected pain and suffering. This amount reflects that the award for projected pain and suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. B. Past Unreimbursable Expenses Respondent proffers that the Court should award petitioner a lump sum of $5,168.90 for past unreimbursable expenses, as provided under 42 U.S.C. § 300aa-15(a)(1)(A). Petitioner agrees. Case 1:18-vv-00720-UNJ Document 48 Filed 03/26/20 Page 4 of 4 II. Form of the Award The parties recommend that compensation provided to petitioner should be made through a lump sum payment of $145,168.90, in the form of a check payable to petitioner.1 Petitioner agrees. Petitioner is a competent adult. Evidence of guardianship is not required in this case. Respectfully submitted, JOSEPH H. HUNT Assistant Attorney General C. SALVATORE D’ALESSIO Acting Director Torts Branch, Civil Division CATHARINE E. REEVES Deputy Director Torts Branch, Civil Division GABRIELLE M. FIELDING Assistant Director Torts Branch, Civil Division s/ Claudia B. Gangi CLAUDIA B. GANGI Senior Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Telephone: (202) 616-4138 Dated: February 12 2020 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 pain and suffering.