VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00824
Package ID: USCOURTS-cofc-1_18-vv-00824
Petitioner: Mary Ligouri
Filed: 2018-06-12
Decided: 2021-06-10
Vaccine: influenza
Vaccination date: 2018-01-03
Condition: Guillain-Barré syndrome
Outcome: compensated
Award amount USD: 182263

AI-assisted case summary:
Mary Ligouri filed a petition on June 12, 2018, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she developed Guillain-Barré syndrome (GBS) as a result of an influenza vaccine received on January 3, 2018. The respondent initially recommended against compensation, suggesting that symptoms attributable to GBS may have preceded the vaccination. However, after the petitioner filed an expert report from Dr. Peter-Brian Andersson, a board-certified neurologist, on April 20, 2020, which addressed symptoms prior to vaccination, the respondent filed an Amended Rule 4(c) Report on October 2, 2020. In this amended report, the respondent stated that the petitioner met the criteria for a Table injury, affording a presumption of causation, provided the GBS diagnosis was sound, onset occurred between three and forty-two days after vaccination, and no more likely alternative diagnosis existed. The respondent requested a ruling on entitlement based on the record. Special Master Katherine E. Oler issued a Ruling on Entitlement on April 15, 2021, finding Ms. Ligouri entitled to compensation. Subsequently, the parties submitted a proffer agreement for damages. On April 16, 2021, the respondent filed a proffer agreeing to an award. Special Master Oler adopted the proffer in a decision dated April 16, 2021, awarding Ms. Ligouri a lump sum payment of $182,263.85. This award consisted of $175,000.00 for pain and suffering and $7,263.85 for past unreimbursable expenses. The decision was finalized on June 10, 2021. Petitioner was represented by Andrew Downing of Van Cott & Talamante, PLLC, and respondent was represented by Sarah Duncan of the U.S. Department of Justice.

Theory of causation field:
Mary Ligouri received an influenza vaccine on January 3, 2018, and subsequently developed Guillain-Barré syndrome (GBS). The respondent initially questioned entitlement due to potential pre-vaccination symptoms but later conceded entitlement based on the Vaccine Injury Table criteria. The respondent's Amended Rule 4(c) Report stated that the petitioner met the criteria for a Table injury, which affords a presumption of causation if the GBS diagnosis is sound, onset occurs between three and forty-two days post-vaccination, and no more likely alternative diagnosis exists. Petitioner filed an expert report from Dr. Peter-Brian Andersson, a board-certified neurologist, addressing pre-vaccination symptoms. Special Master Katherine E. Oler issued a Ruling on Entitlement on April 15, 2021, finding petitioner entitled to compensation. A proffer agreement was reached, and on April 16, 2021, the respondent proffered an award. Special Master Oler adopted the proffer, awarding a lump sum of $182,263.85 ($175,000.00 for pain and suffering, $7,263.85 for past unreimbursable expenses). The decision was finalized on June 10, 2021. Attorneys for petitioner were Andrew Downing and for respondent was Sarah Duncan.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_18-vv-00824-0
Date issued/filed: 2021-06-09
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 4/15/2021) regarding 57 Ruling on Entitlement. Signed by Special Master Katherine E. Oler. (sl) Service on parties made.
--------------------------------------------------------------------------------
Case 1:18-vv-00824-UNJ Document 65 Filed 06/09/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-824V
(not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * *
*
*
MARY LIGOURI,
*
* Filed: April 15, 2021
Petitioner, *
*
*
v. * Ruling on Entitlement; Influenza (“Flu”)
* Vaccine; Guillain-Barré syndrome
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * *
Andrew Downing, Van Cott & Talamante, PLLC, Phoenix, AZ, for Petitioner
Sarah Duncan, U.S. Department of Justice, Washington, DC, for Respondent
RULING ON ENTITLEMENT1
On June 12, 2018, Mary Ligouri (“Petitioner”) filed a petition, seeking compensation under
the National Vaccine Injury Compensation Program (“the Vaccine Program”).2 Pet., ECF No. 1.
Petitioner alleges that she developed Guillain-Barré syndrome as a result of the influenza (“flu”)
vaccination she received on January 3, 2018. Pet. at 1-3, ECF No. 1.
1 Although this Ruling has been formally designated “not to be published,” it will nevertheless be posted
on the Court of Federal Claims’ website in accordance with the E-Government Act of 2002, 44 U.S.C. §
3501 (2012). This means the Ruling will be available to anyone with access to the internet. As provided
by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the Ruling’s inclusion of certain
kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen days
within which to request redaction “of any information furnished by that party: (1) that is a trade secret or
commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or
similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine
Rule 18(b). Otherwise, the Ruling in its present form will be available. Id.
2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L.
No. 99-660, 100 Stat. 3755 (codified as amended at 42 U.S.C. §§ 300aa-10–34 (2012)) (hereinafter
“Vaccine Act” or “the Act”). All subsequent references to sections of the Vaccine Act shall be to the
pertinent subparagraph of 42 U.S.C. § 300aa.

Case 1:18-vv-00824-UNJ Document 65 Filed 06/09/21 Page 2 of 2
On April 20, 2020, Petitioner filed an expert report from Dr. Peter-Brian Andersson, a
board-certified neurologist, which addressed Petitioner’s symptoms prior to her January 3, 2018
vaccination. Ex. 17.
On October 2, 2020, in an Amended Rule 4(c) Report, Respondent stated his position is
that “petitioner has now satisfied the criteria set forth in the Vaccine Injury Table and QAI, which
afford[s] petitioner a presumption of causation if the diagnosis of GBS is sound; the onset of GBS
occurs between three and forty-two days after a seasonal flu vaccination; and, there is no identified
more likely alternative diagnosis.” Am. Resp’t’s Rep. at 2-3; see also 42 C.F.R. §
100.3(a)(XIV)(D), (c)(15). Respondent requested a ruling on the record regarding Petitioner’s
entitlement to compensation.
In view of Respondent’s position and the evidence of record, I find that the Petitioner
is entitled to compensation.
IT IS SO ORDERED.
s/ Katherine E. Oler
Katherine E. Oler
Special Master

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_18-vv-00824-1
Date issued/filed: 2021-06-10
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 4/16/2021) regarding 59 DECISION of Special Master - Proffer. Signed by Special Master Katherine E. Oler. (sl) Service on parties made.
--------------------------------------------------------------------------------
Case 1:18-vv-00824-UNJ Document 66 Filed 06/10/21 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-824V
(not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * *
*
*
MARY LIGOURI,
*
* Filed: April 16, 2021
Petitioner, *
*
*
v. * Entitlement; Decision by Proffer;
* Damages; Influenza (“Flu”) Vaccine;
SECRETARY OF HEALTH AND * Guillain-Barré syndrome
HUMAN SERVICES, *
*
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * *
Andrew Downing, Van Cott & Talamante, PLLC, Phoenix, AZ, for Petitioner
Sarah Duncan, U.S. Department of Justice, Washington, DC, for Respondent
DECISION AWARDING DAMAGES1
On June 12, 2018, Mary Ligouri (“Petitioner”) filed a petition, seeking compensation under
the National Vaccine Injury Compensation Program (“the Vaccine Program”).2 Pet., ECF No. 1.
Petitioner alleges that she developed Guillain-Barré syndrome as a result of the influenza (“flu”)
vaccination she received on January 3, 2018. See Proffer at 1, ECF No. 58; see also Pet.
1 Because this Decision contains a reasoned explanation for my actions in this case, I will 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 (2012). This means the Decision will be available to anyone with access to the internet.
As provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the Decision’s inclusion
of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen
days within which to request redaction “of any information furnished by that party: (1) that is a trade secret
or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files
or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.”
Vaccine Rule 18(b). Otherwise, the whole Decision will be available to the public. Id.
2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L.
No. 99-660, 100 Stat. 3755 (codified as amended at 42 U.S.C. §§ 300aa-10–34 (2012)) (hereinafter
“Vaccine Act” or “the Act”). All subsequent references to sections of the Vaccine Act shall be to the
pertinent subparagraph of 42 U.S.C. § 300aa.

Case 1:18-vv-00824-UNJ Document 66 Filed 06/10/21 Page 2 of 5
On April 20, 2020, Petitioner filed an expert report from Dr. Peter-Brian Andersson, a
board-certified neurologist, which addressed Petitioner’s symptoms prior to her January 3, 2018
vaccination. Ex. 17.
On October 2, 2020, in an Amended Rule 4(c) Report, Respondent stated his position is that
“petitioner has now satisfied the criteria set forth in the Vaccine Injury Table and QAI, which
afford[s] petitioner a presumption of causation if the diagnosis of GBS is sound; the onset of GBS
occurs between three and forty-two days after a seasonal flu vaccination; and, there is no identified
more likely alternative diagnosis.” Am. Resp’t’s Rep. at 2-3; see also 42 C.F.R. §
100.3(a)(XIV)(D), (c)(15). Respondent requested a ruling on the record regarding Petitioner’s
entitlement to compensation. I issued a Ruling on Entitlement on April 15, 2021. ECF No. 57.
Respondent filed a proffer on April 16, 2021 (ECF No. 58), agreeing to issue the following
payments:
1. A lump sum payment of $182,263.85 paid in the form of a check to Petitioner;
$175,000.00 for actual and projected pain and suffering, and $7,263.85 for past
unreimbursable expenses related to [Petitioner’s] vaccine-related injury.
These amounts represent all elements of compensation for all damages that would be
available under § 300aa-15(a).
I adopt the parties’ proffer attached hereto, and award compensation in the amount and on
the terms set forth therein. I, therefore, award compensation in the amount of a lump sum
payment of $182,263.85, in the form of a check payable to Petitioner, Mary Ligouri. The
Clerk of Court is directed to enter judgment in accordance with this decision.3
IT IS SO ORDERED.
s/ Katherine E. Oler
Katherine E. Oler
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice
renouncing the right to seek review.

Case 1:18-vv-00824-UNJ Document 66 Filed 06/10/21 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
MARY LIGOURI, )
)
Petitioner, )
) No. 18-824V
v. ) Special Master Oler
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On June 12, 2018, Mary Ligouri (“petitioner”), filed a petition for compensation under
the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act”
or “Act”), as amended. Petitioner alleged that she suffered an adverse reaction, to include
Guillain-Barré syndrome (“GBS”), as a result of an influenza (“flu”) vaccine administered to her
on January 3, 2018. Petition at 1. On May 28, 2019, respondent filed his Rule 4(c) Report
recommending against an award of compensation for a presumptive (Table) injury of GBS
following a flu vaccine, because at the time of his recommendation, it appeared that symptoms
attributable to her GBS preceded the vaccination at issue. See ECF No. 25. On April 20, 2020,
petitioner filed the report of Dr. Peter-Brian Andersson, a board-certified neurologist,
specifically addressing the issue of petitioner’s symptoms leading to her hospitalization on
January 2, 2018, and prophylactic flu vaccination. See ECF No. 36-1. On October 2, 2020,
respondent filed an Amended Rule 4(c) Report recommending that compensation be awarded.
ECF No. 45. On April 15, 2021, the Special Master issued a Ruling on Entitlement finding
petitioner entitled to compensation. ECF No. 57.

Case 1:18-vv-00824-UNJ Document 66 Filed 06/10/21 Page 4 of 5
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $175,000.00 in actual and
projected pain and suffering. This amount reflects that any 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
Evidence supplied by petitioner documents Mary Ligouri’s expenditure of past
unreimbursable expenses related to her vaccine-related injury. Respondent now proffers that,
based on the Special Master’s entitlement decision and the evidence of record, petitioner should
be awarded past unreimbursable expenses in the amount of $7,263.85, as provided under the
Vaccine Act, 42 U.S.C. § 300aa-15(a)(1)(B). Petitioner agrees.
These amounts represent all elements of compensation to which petitioner is entitled
under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respondent recommends that the compensation provided to petitioner should be made through a
lump sum payment as described below and requests that the Special Master’s decision and the
Court’s judgment award the following1: a lump sum payment of $182,263.85, representing
compensation for pain and suffering ($175,000.00), and past unreimbursable expenses
$7,263.85), in the form of a check payable to petitioner, Mary Ligouri.
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 lost earnings
and future pain and suffering.
2

Case 1:18-vv-00824-UNJ Document 66 Filed 06/10/21 Page 5 of 5
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Mary Ligouri: $ 182,263.85
Respectfully submitted,
BRIAN M. BOYNTON
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Acting Deputy Director
Torts Branch, Civil Division
DARRYL R. WISHARD
Assistant Director
Torts Branch, Civil Division
s/ Sarah C. Duncan
SARAH C. DUNCAN
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 514-9729
Email: sarah.c.duncan@usdoj.gov
DATED: April 16, 2021
3