VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00850
Package ID: USCOURTS-cofc-1_18-vv-00850
Petitioner: Michelle Daniels
Filed: 2018-06-14
Decided: 2019-10-17
Vaccine: influenza
Vaccination date: 2017-10-04
Condition: Guillain-Barré Syndrome (GBS)
Outcome: compensated
Award amount USD: 107222

AI-assisted case summary:
Michelle Daniels filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered Guillain-Barré Syndrome (GBS) caused by an influenza vaccination she received on October 4, 2017. She also received a Tdap vaccine on the same day. Ms. Daniels asserted that her GBS was a Table Injury, meaning it was presumed to be caused by the vaccine according to the Vaccine Injury Table. The respondent, the Secretary of Health and Human Services, reviewed the case and conceded that Ms. Daniels was entitled to compensation. The respondent agreed that her condition met the criteria for a Table Injury, specifically GBS occurring within the specified timeframe after a seasonal flu vaccination with no apparent alternative cause. Following the ruling on entitlement, the parties submitted a proffer on award of compensation. The court awarded Ms. Daniels a total of $107,222.40. This amount included $100,000.00 for pain and suffering and $7,222.40 for actual unreimbursable expenses. The award was made as a lump sum payment. The decision was issued on October 17, 2019.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-00850-0
Date issued/filed: 2019-08-14
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 05/21/2019) regarding 27 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:18-vv-00850-UNJ Document 40 Filed 08/14/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-0850V
Filed: May 21, 2019
UNPUBLISHED
MICHELLE DANIELS,
Petitioner, Special Processing Unit (SPU);
v. Ruling on Entitlement; Concession;
Table Injury; Influenza (Flu) and
SECRETARY OF HEALTH AND Tetanus, Diphtheria, and acellular
HUMAN SERVICES, Pertussis (Tdap) Vaccines; Guillain-
Barre Syndrome (GBS)
Respondent.
John Robert Howie, Howie Law, PC, Dallas, TX, for petitioner.
Mollie Danielle Gorney, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On June 14, 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) caused by
the influenza vaccination she received on October 4, 2017.3 Petition at 1, ¶¶ 1, 32. She
asserts that her injury meets the definition of a Table Injury, GBS after receipt of the
influenza vaccination. Id. at ¶ 32; see 42 C.F.R. § 100.3(a)(XIV)(D). Petitioner further
alleges that she received the vaccination in the United States, that she suffered the
residual effects of her injury for more than six months, and that neither she nor any
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.
3 Petitioner also received the tetanus, diphtheria, and acellular pertussis (“Tdap”) vaccination on October
4, 2017. Petition at ¶ 1; see Exhibit 2.

Case 1:18-vv-00850-UNJ Document 40 Filed 08/14/19 Page 2 of 2
other party has filed a civil action or received compensation for her injury, alleged as
vaccine caused. Id. at ¶¶ 1, 31, 33. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On May 20, 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 believes “that petitioner has satisfied the criteria set forth in the
recently revised Vaccine Injury Table (“Table”) and the Qualifications and Aids 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 6 (citing 42 C.F.R. § 100.3 (a)(XIV)(D), (c)(15)).
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-00850-1
Date issued/filed: 2019-10-17
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 7/26/2019) regarding 33 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (ypb) Service on parties made.
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Case 1:18-vv-00850-UNJ Document 44 Filed 10/17/19 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-0850V
Filed: July 26, 2019
UNPUBLISHED
MICHELLE DANIELS,
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.
John Robert Howie, Howie Law, PC, Dallas, TX, for petitioner.
Mollie Danielle Gorney, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On June 14, 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) caused by
the influenza vaccination she received on October 4, 2017.3 Petition at 1, ¶¶ 1, 32. She
asserts that her injury meets the definition of a Table Injury, GBS after receipt of the
influenza vaccination. Id. at ¶ 32; see 42 C.F.R. § 100.3(a)(XIV)(D). The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On May 21, 2019, a ruling on entitlement was issued, finding petitioner entitled to
compensation for her GBS. On July 26, 2019, respondent filed a proffer on award of
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.
3 Petitioner also received the tetanus, diphtheria, and acellular pertussis (“Tdap”) vaccination on October
4, 2017. Petition at ¶ 1; see Exhibit 2.

Case 1:18-vv-00850-UNJ Document 44 Filed 10/17/19 Page 2 of 4
compensation (“Proffer”) indicating petitioner should be awarded $107,222.40,
representing $100,000.00 for petitioner’s pain and suffering and $7,222.40 for
petitioner’s actual unreimbursable expenses. 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.
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $107,222.40, representing $100,000.00 for
petitioner’s pain and suffering and $7,222.40 for petitioner’s actual
unreimbursable expenses in the form of a check payable to petitioner, Michelle
Daniels. 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.4
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
4 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-00850-UNJ Document 44 Filed 10/17/19 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
MICHELLE DANIELS, )
)
Petitioner, )
) No. 18-850V
v. ) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
On May 20, 2019, respondent conceded that entitlement to compensation was appropriate
under the terms of the Vaccine Act. Thereafter, on May 21, 2019, Chief Special Master Dorsey
issued a Ruling on Entitlement, finding that petitioner was entitled to vaccine compensation for
her Guillain-Barré Syndrome (“GBS”). Based upon the evidence of record, respondent proffers
that petitioner should be awarded $107,222.40. The award is comprised of the following:
$100,000.00 for pain and suffering and $7,222.40 for past, unreimbursed medical expenses. This
amount 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
The parties recommend that compensation provided to petitioner should be made through
a lump sum payment of $107,222.40, in the form of a check payable to petitioner. Petitioner
agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.

Case 1:18-vv-00850-UNJ Document 44 Filed 10/17/19 Page 4 of 4
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 FIELDING
Assistant Director
Torts Branch, Civil Division
/s/ Mollie D. Gorney
Mollie D. Gorney
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) 616- 4029
mollie.d.gorney@usdoj.gov
Dated: July 26, 2019