VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01431 Package ID: USCOURTS-cofc-1_18-vv-01431 Petitioner: Charlotte Dunn Filed: 2018-09-19 Decided: 2021-04-15 Vaccine: influenza Vaccination date: 2015-10-13 Condition: Guillain-Barre Syndrome Outcome: compensated Award amount USD: 300705 AI-assisted case summary: Charlotte Dunn filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine administered on October 13, 2015. The respondent conceded that Ms. Dunn was entitled to compensation, agreeing that her GBS was a Table injury with onset within the specified timeframe and that there was no apparent alternative cause. The respondent also agreed that she experienced residual effects for more than six months. Based on this concession and the evidence, the court issued a ruling on entitlement, finding her eligible for compensation. Subsequently, the parties reached a proffer on the award of compensation. The court awarded Ms. Dunn a total of $300,705.33. This amount included $250,000.00 for pain and suffering, $19,000.00 for actual and anticipated care expenses, and $31,705.33 to satisfy a State of California Medicaid lien. The award was structured as two lump sum payments, one payable to Ms. Dunn and the other jointly to Ms. Dunn and the Department of Health Care Services to cover the lien. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01431-0 Date issued/filed: 2019-11-20 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 09/17/2019) regarding 33 Ruling on Entitlement Signed by Special Master Nora Beth Dorsey. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01431-UNJ Document 38 Filed 11/20/19 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1431V Filed: September 17, 2019 UNPUBLISHED CHARLOTTE DUNN, Petitioner, Special Processing Unit (SPU); v. Ruling on Entitlement; Concession; Table Injury; Influenza (Flu) Vaccine; SECRETARY OF HEALTH AND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. Theodore J. Hong, Maglio Christopher & Toale, PA, Seattle, WA, for petitioner. Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Dorsey, Chief Special Master: On September 19, 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 an influenza (“flu”) vaccine and/or pneumococcal vaccine administered on October 13, 2015. Petition at 1, 5-6. 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-01431-UNJ Document 38 Filed 11/20/19 Page 2 of 2 On September 16, 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 concludes that petitioner has satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation, which affords petitioner a presumption of causation if onset of GBS occurs between three and forty-two days after receipt of a seasonal flu vaccination and there is no apparent alternative cause. Id. at 6. Respondent further agrees that petitioner has experienced the residual effects of her GBS for more than six months. 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 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_18-vv-01431-1 Date issued/filed: 2021-04-15 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 03/15/2021) regarding 67 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01431-UNJ Document 71 Filed 04/15/21 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1431V UNPUBLISHED CHARLOTTE DUNN, Chief Special Master Corcoran Petitioner, Filed: March 15, 2021 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Damages Decision Based on Proffer; HUMAN SERVICES, Influenza (Flu) Vaccine; Guillain- Barre Syndrome (GBS) Respondent. Theodore J. Hong, Maglio Christopher & Toale, PA, Seattle, WA, for petitioner. Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 On September 19, 2018, Charlotte Dunn 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 an influenza (“flu”) vaccine and/or pneumococcal vaccine administered on October 13, 2015. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On September 17, 2019, a ruling on entitlement was issued, finding Petitioner entitled to compensation. On March 15, 2021, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $300,705.33. Proffer at 1-2. In the Proffer, Respondent represented that Petitioner agrees with the proffered 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-01431-UNJ Document 71 Filed 04/15/21 Page 2 of 5 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 $269,000.00 (representing compensation in the amount of $250,000.00 in pain and suffering and $19,000.00 in actual and anticipated care expenses) in the form of a check payable to Petitioner. • A lump sum of $31,705.33, representing compensation for satisfaction of the State of California Medicaid lien, in the form of a check payable jointly to Petitioner and Department of Health Care Services Recovery Branch – MS 4720 P.O. Box 997421 Sacramento, CA 95899-7421 DHCS Account No.: C95399920G-VAC02 Petitioner agrees to endorse this payment to Department of Health Care Services/California Medi-Cal. These amounts represent 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-01431-UNJ Document 71 Filed 04/15/21 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS CHARLOTTE DUNN, Petitioner, v. No. 18-1431V Chief Special Master Corcoran (SPU) SECRETARY OF HEALTH AND ECF HUMAN SERVICES, Respondent. PROFFER ON AWARD OF COMPENSATION I. Procedural History On September 19, 2018, Charlotte Dunn (“petitioner”) filed a petition for compensation (“petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to - 34, as amended. She alleges that, as a result of receiving an influenza and/or pneumococcal conjugate vaccine on October 13, 2015, she suffered from Guillain-Barre Syndrome (“GBS”). See Petition at ¶¶1, 29-30. On September 16, 2019, respondent filed his Vaccine Rule 4(c) report, concluding that petitioner suffered GBS as defined by the Vaccine Injury Table, within the Table timeframe, and on September 17, 2019, then-Chief Special Master Dorsey issued a ruling on entitlement, finding that petitioner was entitled to compensation for a GBS Table injury. ECF No. 32; ECF No. 33. II. Items of Compensation Based upon the evidence of record, respondent proffers that petitioner should be awarded a lump sum of $300,705.33, for all damages, including $250,000.00 representative of pain and suffering, $19,000.00 for petitioner’s actual and anticipated care expenses, and $31,705.33 for reimbursement of a State of California Medi-Cal lien for services rendered on behalf of Case 1:18-vv-01431-UNJ Document 71 Filed 04/15/21 Page 4 of 5 petitioner. Petitioner agrees. This amount ($300,705.33) represents all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. III. Form of the Award Respondent recommends that the compensation provided to petitioner should be made through two lump sum payments, as described below, and requests that the Chief Special Master’s decision and the Court’s judgment award the following:  A lump sum of $269,000.00 in the form of a check payable to petitioner; 1 and  A lump sum of $31,705.33, representing compensation for satisfaction of the State of California Medicaid lien, in the form of a check payable jointly to petitioner and Department of Health Care Services Recovery Branch – MS 4720 P.O. Box 997421 Sacramento, CA 95899-7421 DHCS Account No.: C95399920G-VAC02 Petitioner agrees to endorse this payment to Department of Health Care Services/California Medi-Cal. Petitioner is a competent adult. Evidence of guardianship is not required in this case. Respectfully submitted, BRIAN M. BOYNTON Acting Assistant Attorney General C. SALVATORE D’ALESSIO Acting Director Torts Branch, Civil Division 1Should petitioner die prior to entry of judgment, respondent would oppose any award for future medical expenses, future lost earnings, and future pain and suffering, and the parties reserve the right to move the Court for appropriate relief. 2 Case 1:18-vv-01431-UNJ Document 71 Filed 04/15/21 Page 5 of 5 HEATHER L. PEARLMAN Acting Deputy Director Torts Branch, Civil Division DARRYL R. WISHARD Assistant Director Torts Branch, Civil Division s/ Adriana Teitel ADRIANA TEITEL Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146, Benjamin Franklin Station Washington, DC 20044-0146 Tel: (202) 616-3677 Email: adriana.teitel@usdoj.gov Dated: March 15, 2021 3