VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00815
Package ID: USCOURTS-cofc-1_18-vv-00815
Petitioner: Michelle Marie Cobenais
Filed: 2018-06-08
Decided: 2019-11-18
Vaccine: influenza
Vaccination date: 2015-10-07
Condition: Guillain-Barre Syndrome
Outcome: compensated
Award amount USD: 120000

AI-assisted case summary:
Michelle Marie Cobenais filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine administered on October 7, 2015. The respondent, the Secretary of Health and Human Services, conceded that Ms. Cobenais was entitled to compensation. The respondent acknowledged that her case met the criteria of the Vaccine Injury Table, which provides a presumption of causation for GBS occurring within a specific timeframe after a seasonal flu vaccination, provided there is no alternative cause. The respondent also agreed that Ms. Cobenais experienced sequelae for more than six months and satisfied all legal prerequisites for compensation. A ruling on entitlement was issued on May 2, 2019, finding her entitled to compensation. Subsequently, on September 3, 2019, the respondent filed a proffer on award of compensation, recommending an award of $120,000.00, which Ms. Cobenais agreed to. This amount was intended to cover all damages available under the Vaccine Act. The Chief Special Master issued a decision awarding Ms. Cobenais a lump sum payment of $120,000.00 on November 18, 2019.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-00815-0
Date issued/filed: 2019-08-07
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 05/02/2019) regarding 17 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:18-vv-00815-UNJ Document 23 Filed 08/07/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-815V
Filed: May 2, 2019
UNPUBLISHED
MICHELLE MARIE COBENAIS,
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.
Troy Allen Poetz, Rajkowski Hansmeier Ltd., St. Cloud, MN, for petitioner.
Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On June 8, 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”) due to an
influenza (“flu”) vaccine administered to her on October 7, 2015. Petition at 1. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On April 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, “it is respondent’s position that petitioner has satisfied the criteria set
forth in the recently revised Vaccine Injury Table (Table) and the Qualifications and Aids
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-00815-UNJ Document 23 Filed 08/07/19 Page 2 of 2
to Interpretation (QAI), 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 8. Respondent further agrees that petitioner
experienced sequelae of her GBS for more than six months and 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

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DOCUMENT 2: USCOURTS-cofc-1_18-vv-00815-1
Date issued/filed: 2019-11-18
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 09/05/2019) regarding 25 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (ypb) Service on parties made.
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Case 1:18-vv-00815-UNJ Document 29 Filed 11/18/19 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-815V
Filed: September 5, 2019
UNPUBLISHED
MICHELLE MARIE COBENAIS,
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.
Troy Allen Poetz, Rajkowski Hansmeier Ltd., St. Cloud, MN, for petitioner.
Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On June 8, 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”) due to an
influenza (“flu”) vaccine administered to her on October 7, 2015. Petition at 1. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On May 2, 2019, a ruling on entitlement was issued, finding petitioner entitled to
compensation for GBS. On September 3, 2019, respondent filed a proffer on award of
compensation (“Proffer”) indicating petitioner should be awarded $120,000.00. Proffer
at 1. 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.
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.

Case 1:18-vv-00815-UNJ Document 29 Filed 11/18/19 Page 2 of 4
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $120,000.00 in the form of a check payable to
petitioner, Michelle Marie Cobenais. 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

Case 1:18-vv-00815-UNJ Document 29 Filed 11/18/19 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
MICHELLE MARIE COBENAIS,
)
)
Petitioners,
) No. 18-815V
v.
) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND HUMAN
) SPU
SERVICES,
)
)
Respondent.
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
Petitioner filed her petition for compensation on June 8, 2018, alleging that she suffered
Guillain-Barre Syndrome (“GBS”) as the result of an influenza vaccination. On April 30, 2019,
respondent filed a Rule 4(c) Report, conceding that entitlement to compensation was appropriate
under the terms of the Vaccine Act. Chief Special Master Dorsey issued a Ruling on Entitlement
on May 2, 2019, finding that petitioner was entitled to vaccine compensation for her GBS.
I. Compensation for Vaccine Injury-Related Items
Based on the evidence of record, respondent proffers that petitioner should be awarded
$120,000.00. The $120,000.00 represents all elements of compensation to which petitioner
would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
Respondent recommends that the compensation provided to petitioner be made through a
lump sum payment of $120,000.00, in the form of a check payable to petitioner.1 Petitioner
agrees.
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.
1

Case 1:18-vv-00815-UNJ Document 29 Filed 11/18/19 Page 4 of 4
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
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
s/ Traci R. Patton
TRACI R. PATTON
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) 353-1589
Dated: September 3, 2019
2