VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00776
Package ID: USCOURTS-cofc-1_18-vv-00776
Petitioner: Elizabeth Phenneger
Filed: 2018-05-31
Decided: 2019-11-18
Vaccine: influenza
Vaccination date: 2016-09-21
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 272850

AI-assisted case summary:
Elizabeth Phenneger filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she developed Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine received on September 21, 2016. The respondent, the Secretary of Health and Human Services, conceded that Ms. Phenneger was entitled to compensation. The respondent agreed that her case met the criteria for a Table injury, specifically GBS occurring within the required timeframe after a seasonal flu vaccination, and that there was no apparent alternative cause. The respondent also confirmed that the statutory six-month sequelae requirement was satisfied and that all legal prerequisites for compensation were met. Following the ruling on entitlement, a decision was issued awarding damages based on a proffer agreed to by both parties. The award included a lump sum of $163,000.00 for Ms. Phenneger, which encompassed approximately $13,000.00 for unreimbursed expenses, and an additional lump sum of $109,850.26 to satisfy a State of Washington Medicaid lien. The total compensation awarded was $272,850.26.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-00776-0
Date issued/filed: 2019-11-15
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/27/2019) regarding 30 Ruling on Entitlement Signed by Special Master Nora Beth Dorsey. (ypb) Service on parties made.
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Case 1:18-vv-00776-UNJ Document 35 Filed 11/15/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-0776V
Filed: August 27, 2019
UNPUBLISHED
ELIZABETH PHENNEGER,
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.
Kristina E. Grigorian, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner.
Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On May 31, 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 developed Guillain-Barre Syndrome (“GBS”) as a
result of an influenza (“flu”) vaccine she received on September 21, 2016. Petition at 1.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On August 26, 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-00776-UNJ Document 35 Filed 11/15/19 Page 2 of 2
at 1. Specifically, respondent agrees that petitioner has satisfied the criteria set forth in
the revised 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 4. Respondent further agrees that the statutory six month sequelae
requirement has been satisfied and that petitioner has satisfied all legal prerequisites for
compensation under the 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
2

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DOCUMENT 2: USCOURTS-cofc-1_18-vv-00776-1
Date issued/filed: 2019-11-18
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 08/27/2019) regarding 31 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (ypb) Service on parties made.
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Case 1:18-vv-00776-UNJ Document 36 Filed 11/18/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-0776V
Filed: August 27, 2019
UNPUBLISHED
ELIZABETH PHENNEGER,
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.
Kristina E. Grigorian, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner.
Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On May 31, 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 developed Guillain-Barre Syndrome (“GBS”) as a
result of an influenza (“flu”) vaccine she received on September 21, 2016. Petition at 1.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On August 27, 2019, a ruling on entitlement was issued, finding petitioner entitled
to compensation for GBS. On August 26, 2019, respondent filed a proffer on award of
compensation (“Proffer”) indicating petitioner should be awarded $163,000.00 in the
form of a check payable to petitioner and a lump sum of $109,850.26, representing
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-00776-UNJ Document 36 Filed 11/18/19 Page 2 of 2
compensation for satisfaction of a State of Washington Medicaid lien. Proffer at 4. In
the Proffer, respondent 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 Proffer, the undersigned awards:
1. A lump sum payment of $109,850.26, representing compensation for
satisfaction of a State of Washington Medicaid lien, payable jointly to
petitioner and:
Optum
75 Remittance Drive, Ste. 6019
Chicago, IL 60675-6019
Tax ID: 41-1858498
Petitioner agrees to endorse this payment to the State and/or the State’s designee;
and
2. A lump sum payment of $163,000.00 (which includes approximately
$13,000.00 in compensation for unreimbursed expenses) in the form of a
check payable to petitioner, Elizabeth Phenneger. 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