VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01569 Package ID: USCOURTS-cofc-1_18-vv-01569 Petitioner: Pamela A. Stricker Filed: 2020-02-19 Decided: 2022-10-31 Vaccine: influenza Vaccination date: 2017-09-11 Condition: Guillain-Barre Syndrome (GBS) Outcome: compensated Award amount USD: 235138 AI-assisted case summary: Pamela A. Stricker filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered Guillain-Barré Syndrome (GBS) after receiving an influenza vaccination on September 11, 2017. The case was assigned to the Special Processing Unit. Respondent conceded that Petitioner is entitled to compensation, concluding that she suffered the Table injury of GBS following the flu vaccine within the Table time period and that there was no evidence of an unrelated cause. A ruling on entitlement was issued on February 19, 2020, finding Petitioner entitled to compensation. Subsequently, on September 27, 2022, Respondent filed a proffer on award of compensation, recommending an award of $235,138.00. This amount represented $147,500.00 for pain and suffering and $87,638.00 for past and future lost wages. Petitioner agreed with the proffered award. The Chief Special Master issued a decision awarding Pamela A. Stricker a lump sum payment of $235,138.00. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01569-0 Date issued/filed: 2020-03-26 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 02/19/2020) regarding 31 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01569-UNJ Document 33 Filed 03/26/20 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1569V UNPUBLISHED PAMELA A. STRICKER, Chief Special Master Corcoran Petitioner, Filed: February 19, 2020 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on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. Firooz Taghi Namei, McKinney & Namei Company, L.P.A., Cincinnati, OH, for petitioner. Althea Walker Davis, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 On October 10, 2018, Pamela A. Stricker 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) after receiving the influenza vaccination on September 11, 2017. Petition at ¶¶ 1, 5. Petitioner further alleges that she suffered the residual effects of her GBS for more than six months and that neither she nor any other party has filed a civil action or received compensation for her GBS. Id. at ¶¶ 40, 49. The case was assigned to the Special Processing Unit of the Office of Special Masters. 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-01569-UNJ Document 33 Filed 03/26/20 Page 2 of 2 On February 12, 2020, 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 “concluded that petitioner suffered the Table injury of GBS following a flu vaccine within the Table time period, and there is not a preponderance of the medical evidence that petitioner’s GBS was due to a factor unrelated to the vaccination.” Id. at 6. Respondent further agrees that “based on the record as it now stands, compensation is appropriate, as petitioner has satisfied all legal prerequisites for compensation under the Act.” Id. at 7. 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-01569-1 Date issued/filed: 2022-10-31 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 09/27/2022) regarding 57 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01569-UNJ Document 63 Filed 10/31/22 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1569V UNPUBLISHED PAMELA A. STRICKER, Chief Special Master Corcoran Petitioner, Filed: September 27, 2022 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Damages Decision Based on Proffer; HUMAN SERVICES, Influenza (Flu) Vaccine; Guillain- Barre Syndrome (GBS) Respondent. Firooz Taghi Namei, McKinney & Namei Company, L.P.A., Cincinnati, OH, for Petitioner. Steven Santayana, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On October 10, 2018, Pamela A. Stricker 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) after receiving the influenza vaccination on September 11, 2017. Petition at ¶¶ 1, 5. The case was assigned to the Special Processing Unit of the Office of Special Masters. On February 19, 2020, a ruling on entitlement was issued, finding Petitioner entitled to compensation for her GBS. On September 27, 2022, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded 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 sections references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Case 1:18-vv-01569-UNJ Document 63 Filed 10/31/22 Page 2 of 5 $235,138.00, representing compensation in the amounts of $147,500.00 for her pain and suffering and $87,638.00 for her past and future lost wages. Proffer at 1-2. In the Proffer, Respondent 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 $235,138.00, representing compensation in the amounts of $147,500.00 for her pain and suffering and $87,638.00 for her actual and projected lost wages in the form of a check payable to Petitioner. This amount represents compensation for all damages that would be available under Section 15(a). The Clerk of 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-01569-UNJ Document 63 Filed 10/31/22 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ____________________________________ ) PAMELA A. STRICKER ) ) Petitioner, ) ) No. 18-1569V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND ) HUMAN SERVICES, ) ) Respondent. ) ____________________________________) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On October 10, 2018, Pamela Stricker (“petitioner”) filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act” or “Act”), alleging that she suffered Guillain-Barré Syndrome, following administration of an influenza vaccine she received on September 11, 2017. Petition at 1. On February 12, 2020, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that this case is appropriate for compensation under the terms of the Act for a GBS following administration of the flu vaccine, and on February 19, 2020, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 28; ECF No. 31. Items of Compensation Pain and Suffering Respondent proffers that petitioner should be awarded $147,500.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. 1 Case 1:18-vv-01569-UNJ Document 63 Filed 10/31/22 Page 4 of 5 Lost Wages Respondent proffers that petitioner should be awarded $87,638.00 in past and future lost wages. See 42 U.S.C. § 300aa-15(a)(3)(A). Petitioner agrees. These amounts represent all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. Form of the Award Petitioner is a competent adult. Evidence of guardianship is not required in this case. Respondent recommends that the compensation provided to petitioner should be made through a lump sum payment as described below and requests that the Chief Special Master’s decision and the Court’s judgment award the following1: a lump sum payment of $235,138.00, in the form of a check payable to petitioner. Summary of Recommended Payments Following Judgment Lump sum payable to petitioner, Pamela A. Stricker: $235,138.00 Respectfully submitted, BRIAN M. BOYNTON Principal Deputy Assistant Attorney General C. SALVATORE D’ALESSIO Director Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division DARRYL R. WISHARD Assistant Director Torts Branch, Civil Division 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 lost earnings and future pain and suffering. 2 Case 1:18-vv-01569-UNJ Document 63 Filed 10/31/22 Page 5 of 5 s/ Steven C. Santayana STEVEN C. SANTAYANA 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) 451-7675 steven.c.santayana@usdoj.gov Dated: September 27, 2022 3