VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01271
Package ID: USCOURTS-cofc-1_18-vv-01271
Petitioner: Gloria Kirkpatrick
Filed: 2018-08-22
Decided: 2020-01-06
Vaccine: influenza
Vaccination date: 2016-11-07
Condition: Guillain-Barré syndrome (GBS)
Outcome: compensated
Award amount USD: 127216

AI-assisted case summary:
Gloria Kirkpatrick filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered Guillain-Barré syndrome (GBS) as a result of an influenza vaccine administered on November 7, 2016. The respondent conceded that Ms. Kirkpatrick was entitled to compensation, stating that she met the criteria set forth in the Vaccine Injury Table for GBS following an influenza vaccine. An initial ruling on entitlement was issued on August 23, 2019, finding her eligible for compensation. Subsequently, on December 3, 2019, the respondent filed a proffer on award of damages, proposing a total award of $127,216.71. This amount included $125,000.00 for pain and suffering (adjusted to net present value for projected damages) and $2,216.71 for past unreimbursable expenses. Ms. Kirkpatrick, identified as a competent adult, agreed with the proffered award. The Chief Special Master issued a decision awarding the stipulated amount on January 6, 2020.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01271-0
Date issued/filed: 2019-10-25
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/23/2019) regarding 27 Ruling on Entitlement Signed by Special Master Nora Beth Dorsey. (sw) Service on parties made.
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Case 1:18-vv-01271-UNJ Document 31 Filed 10/25/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1271V
Filed: August 23, 2019
UNPUBLISHED
GLORIA KIRKPATRICK,
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.
Brenton Aaron Elswick, Maglio Christopher & Toale, PA, Seattle, WA, for petitioner.
Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On August 22, 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 he suffered Guillain-Barré syndrome (“GBS”) as a
result of an influenza (“flu”) vaccine administered on November 7, 2016. Petition at 1.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On August 22, 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-01271-UNJ Document 31 Filed 10/25/19 Page 2 of 2
at 1. Specifically, respondent states that “petitioner has satisfied the criteria set forth in
the Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation
(“QAI”) for GBS after flu vaccine.” Id. at 5 (citing 42 C.F.R. §§ 100.3(a)(XIV)(D),
100.3(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
2

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DOCUMENT 2: USCOURTS-cofc-1_18-vv-01271-1
Date issued/filed: 2020-01-06
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 12/03/2019) regarding 34 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-01271-UNJ Document 38 Filed 01/06/20 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1271V
UNPUBLISHED
GLORIA KIRKPATRICK, Chief Special Master Corcoran
Petitioner, Filed: December 3, 2019
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Influenza (Flu) Vaccine; Guillain-
Barre Syndrome (GBS)
Respondent.
Anne Carrion Toale, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner.
Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On August 22, 2018, Gloria Kirkpatrick 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 an influenza (“flu”) vaccine she received on November 7, 2016. Petition at 1.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On August 23, 2019, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for GBS. On December 3, 2019, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded a total of
$127,216.71, representing $125,000.00 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), and $2,216.71 for reimbursement of her past unreimbursable expenses
related to her vaccine-related injury. Proffer at 1-2. In the Proffer, Respondent
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I am
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). 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, I agree that the identified material fits within this definition, I will redact such
material from public access.
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-01271-UNJ Document 38 Filed 01/06/20 Page 2 of 5
represented that Petitioner agrees with the proffered award. Id. Based on the record as
a whole, I find that Petitioner is entitled to an award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $127,216.71 (representing $125,000.00 in actual and projected
pain and suffering, and $2,216.71) in the form of a check payable to Petitioner.
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/Brian H. Corcoran
Brian H. Corcoran
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-01271-UNJ Document 38 Filed 01/06/20 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
GLORIA KIRKPATRICK,
Petitioner, No. 18-1271V
v. Chief Special Master Corcoran
ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
PROFFER ON AWARD OF DAMAGES
On August 22, 2018, Gloria Kirkpatrick (“petitioner”) filed a petition for compensation
(“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -
34 (“Vaccine Act” or “Act”), as amended. The Petition alleged that petitioner suffered Guillain-
Barre syndrome following her receipt of an influenza vaccine on November 7, 2016.
Respondent conceded petitioner’s entitlement to compensation in his Rule 4(c) Report filed on
August 22, 2019. Based on Respondent’s Rule 4(c) Report the Chief Special Master found
petitioner entitled to compensation.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $125,000.00 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.
1

Case 1:18-vv-01271-UNJ Document 38 Filed 01/06/20 Page 4 of 5
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents her expenditure of past unreimbursable
expenses related to her vaccine-related injury. Respondent proffers that petitioner should be
awarded past unreimbursable expenses in the amount of $2,216.71. Petitioner agrees.
II. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment of $127,216.71, in the form of a check made payable to petitioner.
1 This lump sum payment represents all elements of compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
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
GABRIELLE M. FIELDING
Assistant Director
Torts Branch, Civil Division
1 Should petitioner die prior to the entry of judgment, the parties reserve the right to move the
Court for appropriate relief. In particular, respondent would oppose any award for future
medical expenses, future lost earnings, and future pain and suffering.
2

Case 1:18-vv-01271-UNJ Document 38 Filed 01/06/20 Page 5 of 5
s/Jennifer L. Reynaud
JENNIFER L. REYNAUD
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) 305-1586
Date: December 3, 2019
3