VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01529 Package ID: USCOURTS-cofc-1_18-vv-01529 Petitioner: Anthony Sanders Filed: 2020-01-21 Decided: 2020-03-09 Vaccine: influenza Vaccination date: 2015-10-20 Condition: Guillain-Barre Syndrome (GBS) Outcome: compensated Award amount USD: 132500 AI-assisted case summary: Anthony Sanders filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered from Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine administered on October 20, 2015. The respondent conceded that Mr. Sanders was entitled to compensation, agreeing that he suffered an onset of GBS between three and forty-two days after vaccination, with at least six months of residual symptoms. The respondent also agreed that the nadir of weakness occurred between 12 hours and 28 days following symptom onset, that he stabilized or improved without significant relapse, and that no likely alternative diagnosis could explain his symptoms. Based on the respondent's concession and the evidence of record, the Chief Special Master issued a ruling on entitlement. Subsequently, the parties submitted a proffer on award of compensation, agreeing that Mr. Sanders should be awarded $132,500.00 for past and future pain and suffering. The court adopted this proffer, awarding Mr. Sanders a lump sum payment of $132,500.00. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01529-0 Date issued/filed: 2020-02-24 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 01/21/2020) regarding 32 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01529-UNJ Document 39 Filed 02/24/20 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1529V UNPUBLISHED ANTHONY SANDERS, Chief Special Master Corcoran Petitioner, Filed: January 21, 2020 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on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. Michael Andrew London, Douglas & London, P.C., New York, NY, for petitioner. Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 On October 3, 2018, Anthony Sanders 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 suffers from Guillain-Barre Syndrome (GBS) as a result of an influenza (“flu”) vaccine that was administered on October 20, 2015. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On November 18, 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 concedes that Petitioner suffered an onset of 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-01529-UNJ Document 39 Filed 02/24/20 Page 2 of 2 GBS between three and forty-two days after vaccination with at least six months of residual symptoms Id. at 2-3. Respondent further agrees that Petitioner suffered the nadir of weakness between 12 hours and 28 days following the onset of symptoms; that following the nadir, Petitioner stabilized or improved without significant relapse; and that no likely alternative diagnosis could explain Petitioner’s symptoms. Id. at 2-4 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-01529-1 Date issued/filed: 2020-03-09 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 02/06/2020) regarding 35 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01529-UNJ Document 40 Filed 03/09/20 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1529V UNPUBLISHED ANTHONY SANDERS, Chief Special Master Corcoran Petitioner, Filed: February 6, 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. Michael Andrew London, Douglas & London, P.C., New York, NY, for petitioner. Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 On October 3, 2018, Anthony Sanders 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 suffers from Guillain-Barré Syndrome (GBS) as a result of an influenza (“flu”) vaccine that was administered on October 20, 2015. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On January 21, 2020, a ruling on entitlement was issued, finding Petitioner entitled to compensation for his GBS. On February 5, 2020, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $132,500.00, representing compensation for his past and future pain and suffering. 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-01529-UNJ Document 40 Filed 03/09/20 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 $132,500.00, representing compensation for Petitioner’s actual and projected pain and suffering 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-01529-UNJ Document 40 Filed 03/09/20 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS _________________________________________ ) ANTHONY SANDERS, ) ) Petitioner, ) ) No. 18-1529V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND ) HUMAN SERVICES, ) ) Respondent. ) __________________________________________) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION I. Items of Compensation On November 18, 2019, respondent conceded that entitlement to compensation was appropriate under the terms of the Vaccine Act. ECF No. 30. Thereafter, on January 21, 2020, Chief Special Master Corcoran issued a Ruling on Entitlement, finding that petitioner was entitled to vaccine compensation for his Guillain-Barre Syndrome (GBS). ECF No. 32. Based upon the evidence of record, respondent proffers that petitioner should be awarded $132,500.00, comprised entirely of past and future pain and suffering. This amount represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. II. Form of the Award The parties recommend that compensation provided to petitioner should be made through a lump sum payment of $132,500.00, in the form of a check payable to petitioner.1 Petitioner agrees. 1 Should petitioner die prior to 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-01529-UNJ Document 40 Filed 03/09/20 Page 4 of 4 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 HEATHER L. PEARLMAN Assistant Director Torts Branch, Civil Division s/ Claudia B. Gangi CLAUDIA B. GANGI Senior Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Telephone: (202) 616-4138 Dated: February 5, 2020