VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01628 Package ID: USCOURTS-cofc-1_18-vv-01628 Petitioner: W.F. Filed: 2018-10-23 Decided: 2019-12-31 Vaccine: influenza Vaccination date: 2015-11-13 Condition: Guillain-Barré syndrome Outcome: compensated Award amount USD: AI-assisted case summary: On October 23, 2018, Allison Ferrini, as parent and natural guardian of minor W.F., filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition alleged that W.F. received an influenza vaccine on November 13, 2015, and subsequently developed Guillain-Barré syndrome (GBS). The respondent, the Secretary of Health and Human Services, filed a report on December 30, 2019, conceding that W.F. is entitled to compensation. The respondent agreed that the alleged injury was consistent with GBS and that W.F. met the statutory requirements for compensation, including suffering the condition for more than six months. Special Master Nora Beth Dorsey reviewed the medical records and the respondent's concession. Based on this review, Special Master Dorsey found that W.F. is entitled to compensation and ordered that the case proceed to the damages phase. Petitioner's counsel was Bridget C. McCullough of Muller Brazil, LLP, and respondent's counsel was Ronalda E. Kosh of the United States Department of Justice. The decision was issued on December 31, 2019. Theory of causation field: Petitioner alleged that W.F. received an influenza vaccine on November 13, 2015, and subsequently developed Guillain-Barré syndrome (GBS). The respondent conceded entitlement, agreeing that the alleged injury was consistent with GBS and that W.F. met the statutory requirements, including suffering the condition for more than six months. The public decision does not describe the specific mechanism of causation, medical experts, or detailed clinical findings. Special Master Nora Beth Dorsey ruled on entitlement based on the respondent's concession and a review of the record, ordering the case to proceed to the damages phase. The decision date was December 31, 2019. Petitioner's counsel was Bridget C. McCullough, and respondent's counsel was Ronalda E. Kosh. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01628-0 Date issued/filed: 2020-01-27 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 12/31/2019) regarding 32 Ruling on Entitlement Signed by Special Master Nora Beth Dorsey. (mca) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01628-UNJ Document 34 Filed 01/27/20 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS (Filed: December 31, 2019) * * * * * * * * * * * * * * * UNPUBLISHED ALLISON FERRINI, parent and natural * guardian of minor, W.F., a minor, * * No. 18-1628V Petitioner, * * v. * Special Master Dorsey * SECRETARY OF HEALTH * AND HUMAN SERVICES, * Ruling on Entitlement; Conceded; * Influenza (“flu”) Vaccine; Guillain-Barré Respondent. * Syndrome (“GBS”). * * * * * * * * * * * * * * * * Bridget C. McCullough, Muller Brazil, LLP, Philadelphia, PA, for petitioner. Ronalda E. Kosh, United States Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 On October 23, 2018, Allison Ferrini (“petitioner”) filed a petition for compensation under the National Vaccine Injury Compensation Program (“the Program”)2 alleging that W.F. received an influenza (“flu”) vaccination on November 13, 2015, and thereafter developed Guillain-Barré syndrome (“GBS”). Petition at 1. On December 30, 2019, respondent filed a report pursuant to Vaccine Rule 4(c) in which he concedes that petitioner is entitled to compensation in this case. Am. Resp. Rept. at 2-3. 1 Because this unpublished ruling contains a reasoned explanation for the action in this case, the undersigned intends to post this decision on the website of the United States Court of Federal Claims, in accordance with the E-Government Act of 2002 § 205, 44 U.S.C. § 3501 (2006). In accordance with the Vaccine Rules, each party has 14 days within which to request redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). Further, consistent with the rule requirement, a motion for redaction must include a proposed redacted decision. If, upon review, the undersigned agrees that the identified material fits within the requirements of that provision, such material will be deleted from public access. 2 The Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-10 et seq. (hereinafter “Vaccine Act” or “the Act”). Hereafter, individual section references will be to 42 U.S.C. § 300aa of the Act. Case 1:18-vv-01628-UNJ Document 34 Filed 01/27/20 Page 2 of 2 Specifically, respondent agrees that the alleged injury in this matter is consistent with GBS. Id. at 2. Based on a review of the medical records, respondent states that W.F. has met the applicable statutory requirements by suffering his condition for more than six months and that, therefore, petitioner has satisfied all legal prerequisites for compensation under the Act. Id. A special master may determine whether a petitioner is entitled to compensation based upon the record. A hearing is not required. § 300aa-13; Vaccine Rule 8(d). In light of respondent’s concession and a review of the record, the undersigned finds that petitioner is entitled to compensation. This matter shall now proceed to the damages phase. IT IS SO ORDERED. s/Nora Beth Dorsey Nora Beth Dorsey Special Master 2 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_18-vv-01628-1 Date issued/filed: 2020-07-20 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 6/23/2020) regarding 44 DECISION Proffer Signed by Special Master Nora Beth Dorsey. (Attachments: # (1) Appendix A)(mca) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01628-UNJ Document 49 Filed 07/20/20 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: June 23, 2020 * * * * * * * * * * * * * * * * * * * * * * * * ALLISON FERRINI, parent and natural * guardian of minor, W.F., a minor, * UNPUBLISHED * Petitioner, * Case No. 18-1628V * v. * Special Master Dorsey * SECRETARY OF HEALTH * Damages Award; Proffer; Influenza (“Flu”) AND HUMAN SERVICES, * Vaccine; Guillain-Barre Syndrome (“GBS”). * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * Bridget C. McCullough, Muller Brazil, LLP, Dresher, PA, for petitioner. Ronalda E. Kosh, United States Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 On October 23, 2018, Allison Ferrini (“petitioner”) filed a petition for compensation under the National Vaccine Injury Compensation Program (“the Program”),2 on behalf of her minor child, W.F., alleging that W.F. suffered Guillain-Barre Syndrome (“GBS”), as a result of an influenza (“flu”) vaccine administered on November 13, 2015. Petition at 1. On January 27, 2020, the undersigned issued a ruling finding petitioner entitled to compensation. On June 23, 2020, respondent filed a Proffer on Award of Compensation (“Proffer”), attached hereto as Appendix A. In the Proffer, respondent represented that petitioner agrees with 1 Because this Decision contains a reasoned explanation for the action in this case, the 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). 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, the undersigned agrees that the identified material fits within this definition, the undersigned will redact such material from public access. 2 The Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. § 300aa. 1 Case 1:18-vv-01628-UNJ Document 49 Filed 07/20/20 Page 2 of 2 the proffered award. Proffer at 2. Based on the record as a whole, the undersigned finds that petitioner is entitled to an award as stated in the Proffer. Pursuant to the terms stated in the attached Proffer, the undersigned awards: (1) A lump sum payment of $962.32 in the form of a check made payable to petitioner, Allison Ferrini, for past unreimbursable expenses. (2) An amount sufficient to purchase the annuity contract described in section II.B. of the Proffer, that will provide payments to W.F. Proffer at 2-3. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of Court SHALL ENTER JUDGMENT herewith.3 IT IS SO ORDERED. s/Nora Beth Dorsey Nora Beth Dorsey Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice renouncing the right to seek review. 2