VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01296 Package ID: USCOURTS-cofc-1_18-vv-01296 Petitioner: Craig Johnson Filed: 2018-08-27 Decided: 2020-05-12 Vaccine: influenza Vaccination date: 2017-10-02 Condition: Guillain-Barre Syndrome (GBS) Outcome: compensated Award amount USD: 165000 AI-assisted case summary: Craig Johnson filed a petition for compensation under the National Vaccine Injury Compensation Program on August 27, 2018, alleging that he developed Guillain-Barre Syndrome (GBS) caused by an influenza vaccine administered on October 2, 2017. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on November 27, 2019, conceding that Mr. Johnson's claim met the criteria for a Table injury for GBS and that he was entitled to compensation under the Vaccine Act. Based on this concession, Chief Special Master Brian H. Corcoran issued a ruling on entitlement on December 3, 2019, finding Mr. Johnson entitled to compensation. Subsequently, on April 8, 2020, the respondent filed a proffer on award of compensation, proposing a lump sum payment of $165,000.00. The petitioner agreed with this proffered award. On May 12, 2020, Chief Special Master Corcoran issued a decision awarding Mr. Johnson a lump sum payment of $165,000.00, representing compensation for all damages available under the Vaccine Act. The case was resolved through this stipulated award. Petitioner was represented by Kathleen Margaret Loucks of Lommen Abdo Law Firm, and respondent was represented by Debra A. Filteau Begley of the U.S. Department of Justice. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or the mechanism of causation beyond its classification as a Table injury. Theory of causation field: Petitioner Craig Johnson alleged that an influenza vaccine administered on October 2, 2017, caused Guillain-Barre Syndrome (GBS). The respondent conceded that the claim met the criteria for a Table injury for GBS. A ruling on entitlement was issued on December 3, 2019, finding entitlement. On April 8, 2020, the respondent filed a proffer on award of compensation, agreeing to a lump sum payment of $165,000.00, which the petitioner accepted. Chief Special Master Brian H. Corcoran issued a decision on May 12, 2020, awarding the $165,000.00 lump sum. Petitioner counsel was Kathleen Margaret Loucks; respondent counsel was Debra A. Filteau Begley. The public text does not detail the specific mechanism of causation, expert testimony, or clinical findings beyond the diagnosis of GBS as a Table injury. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01296-0 Date issued/filed: 2020-01-06 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 12/03/2019) regarding 32 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01296-UNJ Document 35 Filed 01/06/20 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1296V UNPUBLISHED CRAIG JOHNSON, Chief Special Master Corcoran Petitioner, Filed: December 3, 2019 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on Entitlement; Concession; HUMAN SERVICES, Table Injury; Influenza (Flu) Vaccine; Guillain-Barre Syndrome (GBS) Respondent. Kathleen Margaret Loucks, Lommen Abdo Law Firm, Minneapolis, MN, for petitioner. Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 On August 27, 2018, Craig Johnson 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 developed Guillain-Barre Syndrome (“GBS”) that was caused by an influenza (“flu”) vaccine administered on October 2, 2017. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On November 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 at 1. Specifically, Respondent stated it is his position that petitioner has 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-01296-UNJ Document 35 Filed 01/06/20 Page 2 of 2 satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation for a flu/GBS Table injury. Id. at 4. Respondent further agrees that petitioner is entitled to compensation under the Vaccine Act. Id. In view of Respondent’s position and the evidence of record, I find that Petitioner is entitled to compensation. IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 2 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_18-vv-01296-1 Date issued/filed: 2020-05-12 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 04/09/2020) regarding 44 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01296-UNJ Document 50 Filed 05/12/20 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1296V UNPUBLISHED CRAIG JOHNSON, Chief Special Master Corcoran Petitioner, Filed: April 9, 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. Kathleen Margaret Loucks, Lommen Abdo Law Firm, Minneapolis, MN, for petitioner. Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 On August 27, 2018,Craig Johnson 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 Barre Syndrome (“GBS”) that was caused by an influenza (“flu”) vaccination administered on October 2, 2017. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On December 3, 2019, a ruling on entitlement was issued, finding Petitioner entitled to compensation for GBS. On April 8, 2020, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $165,000.00. Proffer at 1. In the Proffer, Respondent represented that Petitioner agrees with the 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-01296-UNJ Document 50 Filed 05/12/20 Page 2 of 4 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 $165,000.00 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-01296-UNJ Document 50 Filed 05/12/20 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ************************************* CRAIG JOHNSON, * * Petitioner, * No. 18-1296V * Chief Special Master Corcoran v. * * SECRETARY OF HEALTH AND * HUMAN SERVICES, * * Respondent. * ************************************* RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On November 27, 2019, respondent filed a Rule 4(c) Report, conceding that petitioner’s claim meets the Table criteria for Guillain-Barré Syndrome (“GBS”) injury. On December 3, 2019, 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: A lump sum payment of $165,000.00, which represents compensation for all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees. 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. Case 1:18-vv-01296-UNJ Document 50 Filed 05/12/20 Page 4 of 4 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 $165,000.00, 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: April 8, 2020 2