VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01574 Package ID: USCOURTS-cofc-1_18-vv-01574 Petitioner: Georgie Fletcher Filed: 2020-03-02 Decided: 2020-08-12 Vaccine: influenza Vaccination date: 2015-11-03 Condition: Guillain-Barre Syndrome (GBS) Outcome: compensated Award amount USD: 352251 AI-assisted case summary: Georgie Fletcher filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she developed Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine she received on November 3, 2015. The respondent conceded that Ms. Fletcher is entitled to compensation, agreeing that she suffered GBS following the flu vaccine within the Table time period and that there was no evidence of an unrelated cause. The respondent also agreed that the claim met the statutory severity requirements because her GBS sequelae lasted more than six months. A ruling on entitlement was issued on March 2, 2020, finding Ms. Fletcher entitled to compensation. Subsequently, on July 10, 2020, the parties filed a proffer of damages. The court awarded Ms. Fletcher a total of $352,251.46, which included $137,500.00 for pain and suffering, $205,709.26 for past and future lost wages, and $9,042.20 to satisfy a lien from the New York City Department of Social Services. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01574-0 Date issued/filed: 2020-04-02 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 03/02/2020) regarding 35 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01574-UNJ Document 41 Filed 04/02/20 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1574V UNPUBLISHED GEORGIE FLETCHER, Chief Special Master Corcoran Petitioner, Filed: March 2, 2020 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on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. Matthew F. Belanger, Faraci Lange, LLP, Rochester, NY, for petitioner. Christine Mary Becer, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 On October 10, 2018, Georgie Fletcher 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 developed Guillain-Barre Syndrome (“GBS”) as a result of a November 3, 2015 influenza (“flu”) vaccine. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On March 2, 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 agrees that “petitioner suffered GBS following a flu vaccine within the Table time period, and there is not a preponderance of the medical 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-01574-UNJ Document 41 Filed 04/02/20 Page 2 of 2 evidence that petitioner’s GBS was due to a factor unrelated to the vaccination.” Id. at 4. Respondent further agrees that the claim “meets the statutory severity requirements because petitioner experienced sequelae of her GBS for more than six months . . . [and] petitioner has satisfied all legal prerequisites for compensation under the Act.” Id. at 5. 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-01574-1 Date issued/filed: 2020-08-12 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 07/10/2020) regarding 44 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01574-UNJ Document 49 Filed 08/12/20 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1574V UNPUBLISHED GEORGIE FLETCHER, Chief Special Master Corcoran Petitioner, Filed: July 10, 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. Matthew F. Belanger, Faraci Lange, LLP, Rochester, NY, for petitioner. Christine Mary Becer, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 On October 10, 2018, Georgie Fletcher 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 developed Guillain-Barre Syndrome (“GBS”) as a result of a November 3, 2015 influenza (“flu”) vaccine. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On March 2, 2020, a ruling on entitlement was issued, finding Petitioner entitled to compensation for GBS. On July 10, 2020, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $343,209.26 ($137,500.00 for pain and suffering and $205,709.26 for past and future lost wages) and funds to satisfy the New York City Department of Social Services lien in the amount of $9,042.20. Proffer at 1-2. 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-01574-UNJ Document 49 Filed 08/12/20 Page 2 of 5 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 the following compensation: • Funds to satisfy the New York City Department of Social Services lien in the amount of $9,042.20, which represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the New York City Department of Social Services may have against any individual as a result of any Medicaid payments that the New York City Department of Social Services has made to or on behalf of Petitioner from the date of her eligibility for benefits through the date of judgment in this case as a result of her vaccine-related injury suffered on or about November 3, 2015, under Title XIX of the Social Security Act. Reimbursement of the New York City Department of Social Services lien shall be made through a lump sum payment of $9,042.20, representing compensation for satisfaction of the New York City Department of Social Services, payable jointly to Petitioner and NYC Department of Social Services ATTN: Michelle Cordner Division of Liens and Recovery 375 Pearl Street New York, NY 10038 Petitioner agrees to endorse this payment to the New York City Department of Social Services. • A lump sum payment of $343,209.26 ($137,500.00 for pain and suffering and $205,709.26 for past and future lost wages) in the form of a check payable to Petitioner. This 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-01574-UNJ Document 49 Filed 08/12/20 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ____________________________________ ) GEORGIE FLETCHER, ) ) Petitioner, ) ) No. 18-1574V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND ) HUMAN SERVICES, ) ) Respondent. ) ____________________________________) RESPONDENT’S PROFFER OF DAMAGES I. Procedural History On March 2, 2020, respondent filed a Vaccine Rule 4(c) report concluding that petitioner suffered an injury that is compensable under the National Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C. §§300aa-10 to -34. Accordingly, on March 2, 2020, the Chief Special Master issued a Ruling on Entitlement, finding that petitioner was entitled to vaccine compensation for Guillain-Barré Syndrome as a result of the influenza vaccine she received on November 3, 2015. II. Items of Compensation and Form of the Award Based upon the evidence of record, respondent proffers, and the parties recommend, that compensation be made through a lump sum as described below, and request that the Chief Special Master's decision and the Court's judgment award the following: A. Medicaid Lien Respondent proffers that petitioner should be awarded funds to satisfy the New York City Department of Social Services lien in the amount of $9,042.20, which represents full satisfaction 1 Case 1:18-vv-01574-UNJ Document 49 Filed 08/12/20 Page 4 of 5 of any right of subrogation, assignment, claim, lien, or cause of action the New York City Department of Social Services may have against any individual as a result of any Medicaid payments that the New York City Department of Social Services has made to or on behalf of petitioner from the date of her eligibility for benefits through the date of judgment in this case as a result of her vaccine-related injury suffered on or about November 3, 2015, under Title XIX of the Social Security Act. Reimbursement of the New York City Department of Social Services lien shall be made through a lump sum payment of $9,042.20, representing compensation for satisfaction of the New York City Department of Social Services, payable jointly to petitioner and NYC Department of Social Services Attention: Michelle Cordner Division of Liens and Recovery 375 Pearl Street New York, NY 10038 Petitioner agrees to endorse this payment to the New York City Department of Social Services. B. Pain and Suffering and Out-of-Pocket Expenses Based upon the evidence of record, respondent proffers that petitioner should be awarded $343,209.26 ($137,500.00 for pain and suffering and $205,709.26 for past and future lost wages). This represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees. Petitioner is a competent adult. Evidence of guardianship is not required in this case. 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 medical expenses, future lost earnings, and future pain and suffering. 2 Case 1:18-vv-01574-UNJ Document 49 Filed 08/12/20 Page 5 of 5 Respectfully submitted, ETHAN P. DAVIS Acting 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/Christine M. Becer CHRISTINE M. BECER 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) 616-3665 Dated: July 10, 2020 3