VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00931
Package ID: USCOURTS-cofc-1_18-vv-00931
Petitioner: Susanna J. Howard
Filed: 2019-04-01
Decided: 2019-08-14
Vaccine: influenza
Vaccination date: 2016-09-21
Condition: Guillain-Barré Syndrome
Outcome: compensated
Award amount USD: 183794

AI-assisted case summary:
Susanna J. Howard filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered Guillain-Barré Syndrome (GBS) as a result of her influenza vaccination on September 21, 2016. The respondent, the Secretary of Health and Human Services, conceded that Ms. Howard is entitled to compensation. The respondent's medical personnel concluded that she suffered a Table injury of GBS following a flu vaccine within the Table time period, and there was not a preponderance of evidence that her GBS was due to an unrelated factor. The respondent also stated that the claim met the statutory severity requirements because Ms. Howard experienced sequelae of her GBS for more than six months. The Chief Special Master issued a ruling on entitlement, finding Ms. Howard entitled to compensation. Subsequently, the respondent filed a proffer on the award of compensation, indicating that Ms. Howard should be awarded $183,794.49. This amount represented $180,000.00 for pain and suffering and $3,794.49 for past unreimbursed expenses. The respondent represented that Ms. Howard agreed with the proffered award. Based on the record, the Chief Special Master awarded Ms. Howard a lump sum payment of $183,794.49.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-00931-0
Date issued/filed: 2019-05-29
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/01/2019) regarding 24 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:18-vv-00931-UNJ Document 39 Filed 05/29/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-931V
Filed: April 1, 2019
UNPUBLISHED
SUSANNA J. HOWARD,
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.
Nancy R. Meyers, Ward Black Law, Greensboro, NC, for petitioner.
Darryl R. Wishard, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On June 28, 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”) as a result
of her September 21, 2016 influenza (“flu”) vaccination. Petition at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On March 27, 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-00931-UNJ Document 39 Filed 05/29/19 Page 2 of 2
at 1. Specifically, respondent states that medical personnel at the Division of Injury
Compensation Programs, Department of Health and Human Services (“DICP”) have
concluded that petitioner suffered the Table injury of GBS following a flu vaccine within
the Table time period, and there is not a preponderance of the medical evidence that
petitioner’s GBS was due to a factor unrelated to the vaccination. Id. at 5. Respondent
states that this claim “meets the statutory severity requirements because petitioner
experienced sequelae of her GBS for more than six months.” Id. Respondent
concludes that “based on the record as it now stands, compensation is appropriate, as
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

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DOCUMENT 2: USCOURTS-cofc-1_18-vv-00931-1
Date issued/filed: 2019-08-14
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 05/10/2019) regarding 29 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:18-vv-00931-UNJ Document 40 Filed 08/14/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-931V
Filed: May 10, 2019
UNPUBLISHED
SUSANNA J. HOWARD,
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.
Nancy Routh Meyers, Ward Black Law, Greensboro, NC, for petitioner.
Darryl R. Wishard, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On June 28, 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”) as a result
of her September 21, 2016 influenza (“flu”) vaccination. Petition at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On April 1, 2019, a ruling on entitlement was issued, finding petitioner entitled to
compensation for her GBS injury. On May 7, 2019, respondent filed a proffer on award
of compensation (“Proffer”) indicating petitioner should be awarded $183,794.49,
representing compensation in the amount of $180,000.00 for pain and suffering and
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-00931-UNJ Document 40 Filed 08/14/19 Page 2 of 2
$3,794.49 for past unreimbursed expenses. Proffer at 1. In the Proffer, respondent
represented that petitioner agrees with the proffered award. Id. at 2. 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 $183,794.49, representing
compensation in the amount of $180,000.00 for pain and suffering and $3,794.49
for past unreimbursed expenses, in the form of a check payable to petitioner,
Susanna J. Howard. 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