VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01284
Package ID: USCOURTS-cofc-1_18-vv-01284
Petitioner: Dolores Gorczyca
Filed: 2018-08-24
Decided: 2020-04-30
Vaccine: influenza
Vaccination date: 2017-10-03
Condition: Guillain-Barré Syndrome (GBS)
Outcome: compensated
Award amount USD: 174100

AI-assisted case summary:
Dolores Gorczyca filed a petition for compensation under the National Vaccine Injury Compensation Program on August 24, 2018, alleging that she developed Guillain-Barré Syndrome (GBS) as a result of an influenza vaccination administered on October 3, 2017. The respondent, represented by Debra A. Filteau Begley of the U.S. Department of Justice, filed a Rule 4(c) report conceding that Ms. Gorczyca's claim met the criteria for a Table injury for GBS. The respondent further agreed that her condition had persisted for at least six months and that there was no alternative cause for her condition. On August 13, 2019, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding Ms. Gorczyca entitled to compensation. Subsequently, on March 27, 2020, the respondent filed a proffer on award of compensation. The proffer recommended a total award of $174,100.00, consisting of $170,000.00 for pain and suffering and $4,100.00 for past out-of-pocket medical expenses. Ms. Gorczyca, who is a competent adult and represented by Nancy Routh Meyers of Ward Black Law (later Turning Point Litigation), agreed with the proffered award. On April 30, 2020, Chief Special Master Brian H. Corcoran issued a decision awarding Ms. Gorczyca the lump sum of $174,100.00, payable by check to her. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of causation beyond its classification as a Table injury.

Theory of causation field:
Petitioner Dolores Gorczyca alleged that an influenza vaccine administered on October 3, 2017, caused her to develop Guillain-Barré Syndrome (GBS). The respondent conceded that the claim met the criteria for a Table injury for GBS, satisfying the requirements of the National Vaccine Injury Compensation Program. The respondent's Rule 4(c) report, filed August 12, 2019, stated that the petitioner's condition persisted for at least six months and had no alternative cause. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on August 13, 2019, finding the petitioner entitled to compensation. On March 27, 2020, respondent filed a proffer on award of compensation, recommending $174,100.00 ($170,000.00 for pain and suffering, $4,100.00 for past out-of-pocket medical expenses), which the petitioner agreed to. Chief Special Master Brian H. Corcoran issued a decision awarding this amount on April 30, 2020. Petitioner was represented by Nancy Routh Meyers (Ward Black Law/Turning Point Litigation), and respondent was represented by Debra A. Filteau Begley (U.S. Department of Justice).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01284-0
Date issued/filed: 2019-11-08
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 8/13/2019) regarding 28 Ruling on Entitlement Signed by Special Master Nora Beth Dorsey. (ypb) Service on parties made.
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Case 1:18-vv-01284-UNJ Document 35 Filed 11/08/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1284V
Filed: August 13, 2019
UNPUBLISHED
DOLORES GORCZYCA,
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 Routh Meyers, Ward Black Law, Greensboro, NC, for petitioner.
Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On August 24, 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 as a result of an influenza (“flu”) vaccination
administered on October 3, 2017, she developed Guillain-Barré Syndrome (“GBS”).
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
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-01284-UNJ Document 35 Filed 11/08/19 Page 2 of 2
On August 12, 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 Vaccine Injury Table (“Table”) and the Qualifications and Aids to
Interpretation for a flu/GBS Table injury.” Id. at 6. Respondent further agrees that
“petitioner’s condition has persisted for at least six months, and there is no alternative
cause that explains her condition.” 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
2

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DOCUMENT 2: USCOURTS-cofc-1_18-vv-01284-1
Date issued/filed: 2020-04-30
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 03/30/2020) regarding 48 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-01284-UNJ Document 52 Filed 04/30/20 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1284V
UNPUBLISHED
DOLORES GORCZYCA, Chief Special Master Corcoran
Petitioner, Filed: March 30, 2020
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Influenza (Flu) Vaccine; Guillain-
Barre Syndrome (GBS)
Respondent.
Nancy Routh Meyers, Turning Point Litigation, Greensboro, NC, for petitioner.
Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On August 24, 2018, Dolores Gorczyca 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 as a result of an influenza (“flu”) vaccination
administered on October 3, 2017, she suffered Guillain-Barré syndrome (“GBS”).
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On August 13, 2019, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for GBS. On March 27, 2020, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $174,100.00,
representing $170,000.00 for pain and suffering and $4,100.00 for past out-of-pocket
medical expenses. Proffer at 1. In the Proffer, Respondent represented that Petitioner
1 Because this unpublished decision 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 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, 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-01284-UNJ Document 52 Filed 04/30/20 Page 2 of 4
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 $174,100.00, which represents $170,000.00 for pain and suffering
and $4,100.00 for past out-of-pocket medical expenses 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-01284-UNJ Document 52 Filed 04/30/20 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
*************************************
DOLORES GORCZYCA, *
*
Petitioner, * No. 18-1284V
* Chief Special Master Corcoran
v. *
*
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*************************************
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On August 13, 2019, respondent filed a Rule 4(c) Report, conceding that petitioner’s
claim meets the Table criteria for Guillain-Barré Syndrome (“GBS”) injury. On that same day,
the Court issued a Ruling on Entitlement finding petitioner entitled to compensation under the
Vaccine Act.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
the following, and requests that the Chief Special Master’s decision and the Court’s judgment
award:
1. A lump sum payment of $170,000.00, which represents compensation for pain and
suffering, see 42 U.S.C. § 300aa-15(a)(4); and
2. A payment of $4,100.00, which represents compensation for past out-of-pocket
medical expenses, see 42 U.S.C. § 300aa-15(a)(1).

Case 1:18-vv-01284-UNJ Document 52 Filed 04/30/20 Page 4 of 4
These amounts represent all elements of compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees.
II. Form of the Award
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respondent recommends that petitioner be awarded a lump sum payment of $174,100.00, in the
form of a check payable to petitioner. Petitioner agrees.
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/ DEBRA A. FILTEAU BEGLEY
DEBRA A. FILTEAU BEGLEY
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Phone: (202) 616-4181
Dated: March 27, 2020
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 pain
and suffering.
2