VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01598 Package ID: USCOURTS-cofc-1_18-vv-01598 Petitioner: Brenda Slay Filed: 2018-10-16 Decided: 2023-09-25 Vaccine: influenza Vaccination date: 2016-10-17 Condition: Guillain-Barré syndrome (GBS) Outcome: compensated Award amount USD: 137704 AI-assisted case summary: Brenda Slay filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered Guillain-Barré syndrome (GBS) as a result of an influenza vaccine administered on October 17, 2016. The respondent conceded that Ms. Slay is entitled to compensation, stating that medical personnel reviewed her petition and medical records and concluded that she suffered GBS following the flu vaccine within the Table time period. The respondent further agreed that the claim met the statutory severity requirement because Ms. Slay experienced sequelae of her GBS for more than six months. Consequently, the court found Ms. Slay entitled to compensation. Subsequently, the parties reached a proffer on the award of compensation. The respondent indicated that Ms. Slay should be awarded a total of $137,704.41, consisting of $132,500.00 for pain and suffering, $802.00 for past unreimbursable expenses, and $4,402.41 for lost wages. Ms. Slay agreed with this proffered award. The court awarded Ms. Slay the lump sum payment of $137,704.41. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01598-0 Date issued/filed: 2019-12-30 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 11/18/2019) regarding 31 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01598-UNJ Document 38 Filed 12/30/19 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1598V UNPUBLISHED BRENDA SLAY, Chief Special Master Corcoran Petitioner, Filed: November 18, 2019 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on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. David Charles Richards, Christensen & Jensen, P.C., Salt Lake City, UT, for petitioner. Linda Sara Renzi, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 On October 16, 2018, Brenda Slay 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”) as a result of an influenza (“flu”) vaccine administered to her on October 17, 2016. 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 states that the “[m]edical personnel at the 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-01598-UNJ Document 38 Filed 12/30/19 Page 2 of 2 Division of Injury Compensation Programs, Department of Health and Human Services (DICP), have reviewed the petition and medical records filed in this case. They have concluded that petitioner suffered GBS following a flu vaccine within the Table time period, and there is not preponderant evidence that petitioner’s GBS was due to a factor unrelated to the vaccination.” Id. at 5. Respondent further agrees that the claim meets the statutory severity requirement because Petitioner experienced sequela of her GBS for more than six months, and therefore, Petitioner has satisfied all legal prerequisites for compensation under the Vaccine Act. Id. at 6. 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-01598-1 Date issued/filed: 2023-09-25 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 08/23/2023) regarding 85 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01598-UNJ Document 89 Filed 09/25/23 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1598V BRENDA SLAY, Chief Special Master Corcoran Petitioner, v. Filed: August 23, 2023 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. David Charles Richards, Christensen & Jensen, P.C., Salt Lake City, UT, for Petitioner. Sarah Black Rifkin, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On October 16, 2018, Brenda Slay 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”) as a result of an influenza (“flu”) vaccine administered to her on October 17, 2016. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On November 18, 2019, a ruling on entitlement was issued finding Petitioner entitled to compensation. On August 23, 2023, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded a total of $137,704.41, consisting of $132,500.00 in pain and suffering, $802.00 in past unreimbursable expenses, and $4,402.41 in 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. 1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2018). Case 1:18-vv-01598-UNJ Document 89 Filed 09/25/23 Page 2 of 5 Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $137,704.41 (consisting of $132,500.00 in pain and suffering, $802.00 in past unreimbursable expenses, and $4,402.41 in 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-01598-UNJ Document 89 Filed 09/25/23 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS BRENDA SLAY, Petitioner, No. 18-1598V (ECF) Chief Special Master Corcoran v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On October 16, 2018, Brenda Slay (“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”), as amended. Petitioner alleges that she suffered Guillain-Barré Syndrome (“GBS”), as a result of an influenza (“flu”) vaccine administered to her on October 17, 2016. Petition, ECF No. 1, at 1. On November 18, 2019, 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 Table injury. ECF No. 30. Later that day, on November 18, 2019, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 31. I. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $132,500.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. Case 1:18-vv-01598-UNJ Document 89 Filed 09/25/23 Page 4 of 5 B. Past Unreimbursable Expenses Evidence supplied by petitioner documents that she incurred past unreimbursable expenses related to her vaccine-related injury. Respondent proffers that petitioner should be awarded past unreimbursable expenses in the amount of $802.00. See 42 U.S.C. § 300aa- 15(a)(1)(B). Petitioner agrees. C. Lost Wages Evidence supplied by petitioner documents that she incurred past lost wages related to her vaccine-related injury. Respondent proffers that petitioner should be awarded past lost wages in the amount of $4,402.41. 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. II. 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 following:1 a lump sum payment of $137,704.41, in the form of a check payable to petitioner. III. Summary of Recommended Payments Following Judgment Lump sum payable to petitioner, Brenda Slay: $137,704.41 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-01598-UNJ Document 89 Filed 09/25/23 Page 5 of 5 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 LARA A. ENGLUND Assistant Director Torts Branch, Civil Division s/Sarah B. Rifkin SARAH B. RIFKIN 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) 305-5997 Sarah.Rifkin@usdoj.gov Dated: August 23, 2023 3 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_18-vv-01598-cl-extra-10734420 Date issued/filed: 2024-08-26 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10267830 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1598V BRENDA SLAY, Chief Special Master Corcoran Petitioner, v. Filed: July 25, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. David Charles Richards, Christensen & Jensen, P.C., Salt Lake City, UT, for Petitioner. Sarah Black Rifkin,, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On October 16, 2018, Brenda Slay 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 alleged that she suffered Guillain-Barré syndrome as a result of an influenza vaccine administered to her on October 17, 2016. Petition, ECF No. 1. On August 23, 2023, I issued a decision awarding compensation to Petitioner based on the Respondent’s proffer. ECF No. 85. 1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (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 inf ormation, 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 f rom public access. 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all section ref erences to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2018). Petitioner has now filed a motion for attorney’s fees and costs, requesting an award of $91,152.07 (representing $88,510.40 in fees plus $2,641.67 in costs). Application for Attorneys’ Fees and Costs (“Motion”) filed February 21, 2024, ECF No. 90. Furthermore, Petitioner filed a signed statement representing that Petitioner incurred no personal out- of-pocket expenses. ECF No. 90 at 68-69. Respondent reacted to the motion on February 22, 2024, indicating that he is satisfied the statutory requirements for an award of attorneys’ fees and costs are met in this case but deferring resolution of the amount to be awarded to my discretion. Motion at 2-3, ECF No. 91. Petitioner did not file a reply thereafter. The rates requested for work performed through the end of 2023 are reasonable and consistent with our prior determinations, and will therefore be adopted herein. For time billed in the 2024 period, Petitioner has also requested the hourly rate of $390 for attorney David Richards, representing a rate increase of $15 from the previous year; and the rate of $344 for attorney Jeffrey Enquist, representing a rate increase of $20 from the previous year. Motion at 47-52. I find these rates to be reasonable and will award the attorney’s fees requested. And all time billed to the matter was also reasonably incurred. Respondent offered no specific objection to the rates or amounts sought. I have also reviewed the requested costs, but find that Petitioner’s counsel has not substantiated all of the costs with the required supporting documentation, such as an invoice or proof of payment. See ECF No. 90 at 53-59. I will nevertheless reimburse these costs in full since the unsubstantiated amounts requested are overall minimal. But Petitioner’s counsel should be aware that any future requests for costs may result in a curtailed or denied award for failure to include all of the required supporting documentation. See Guidelines for Practice Under the National Vaccine Injury Compensation Program at 75-78 (emphasis added). 3 CONCLUSION The Vaccine Act permits an award of reasonable attorney’s fees and costs for successful claimants. Section 15(e). Accordingly, I hereby GRANT Petitioner’s Motion for attorney’s fees and costs. I award a total of $91,152.07 (representing $88,510.40 in fees plus $2,641.67 in costs) as a lump sum in the form of a check jointly payable to Petitioner and Petitioner’s counsel, David Charles Richards. 3 The guidelines f or Practice Under the National Vaccine Injury Compensation Program can be f ound at: https://www.uscfc.uscourts.gov/sites/default/files/vaccine_guidelines_20240318.pdf 2 In the absence of a timely-filed motion for review (see Appendix B to the Rules of the Court), the Clerk of Court shall enter judgment in accordance with this decision. 4 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 4 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by f iling a joint notice renouncing their right to seek review. 3