VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01653
Package ID: USCOURTS-cofc-1_18-vv-01653
Petitioner: Nancy Spotanski
Filed: 2018-10-25
Decided: 2020-06-12
Vaccine: influenza
Vaccination date: 2016-09-30
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 128357

AI-assisted case summary:
Nancy Spotanski filed a petition for compensation under the National Vaccine Injury Compensation Program on October 25, 2018, alleging she suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccination received on September 30, 2016. The respondent filed a Rule 4(c) report on November 14, 2019, conceding that Ms. Spotanski met the criteria set forth in the Vaccine Injury Table, which provided a presumption of causation. This presumption applies when GBS onset occurs between three and forty-two days after a seasonal flu vaccination and no alternative cause is apparent. On November 15, 2019, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding Ms. Spotanski entitled to compensation based on the respondent's concession and the evidence of record. Subsequently, on May 12, 2020, the respondent filed a proffer on the award of compensation. The proffer recommended a total award of $128,357.66, which included $125,000.00 for pain and suffering (with projected pain and suffering reduced to net present value) and $3,357.66 for past unreimbursable expenses. Ms. Spotanski, who is a competent adult, agreed with the proffered award. On June 12, 2020, Chief Special Master Corcoran issued a decision awarding Ms. Spotanski the stipulated amount of $128,357.66 in the form of a check payable to her. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or the mechanism of causation beyond its relation to the Vaccine Injury Table. Petitioner was represented by Theodore J. Hong of Maglio Christopher & Toale, PA, and respondent was represented by Sarah Christina Duncan of the U.S. Department of Justice.

Theory of causation field:
Nancy Spotanski filed a petition alleging Guillain-Barre Syndrome (GBS) following an influenza vaccination on September 30, 2016. The respondent conceded that the petitioner met the criteria of the Vaccine Injury Table, affording a presumption of causation for GBS occurring between three and forty-two days post-vaccination with no apparent alternative cause. This concession led to a ruling on entitlement on November 15, 2019, by Chief Special Master Brian H. Corcoran. A subsequent decision on June 12, 2020, by Chief Special Master Corcoran awarded $128,357.66, based on a proffer agreed to by both parties. The award consisted of $125,000.00 for pain and suffering and $3,357.66 for past unreimbursable expenses. The public text does not name specific medical experts, detail the mechanism of GBS causation beyond the Table presumption, or describe petitioner's specific symptoms or diagnostic findings. Petitioner's counsel was Theodore J. Hong, and respondent's counsel was Sarah Christina Duncan.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01653-0
Date issued/filed: 2019-12-30
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/15/2019) regarding 24 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-01653-UNJ Document 27 Filed 12/30/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1653V
UNPUBLISHED
NANCY SPOTANSKI, Chief Special Master Corcoran
Petitioner, Filed: November 15, 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.
Theodore J. Hong, Maglio Christopher & Toale, PA, Seattle, WA, for petitioner.
Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On October 25, 2018, Nancy Spotanski 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 from Guillain-Barre Syndrome
(“GBS”) as a result of a September 30, 2016 influenza (“flu”) vaccination. Petition at 1,
6. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On November 14, 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, 6. Specifically, Respondent agrees that petitioner has satisfied 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-01653-UNJ Document 27 Filed 12/30/19 Page 2 of 2
criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to
Interpretation, which afford petitioner a presumption of causation if the onset of GBS
occurs between three and forty-two days after a seasonal flu vaccination and there is no
apparent alternative cause. 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

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DOCUMENT 2: USCOURTS-cofc-1_18-vv-01653-1
Date issued/filed: 2020-06-12
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 05/13/2020) regarding 37 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-01653-UNJ Document 42 Filed 06/12/20 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1653V
UNPUBLISHED
NANCY SPOTANSKI, Chief Special Master Corcoran
Petitioner, Filed: May 13, 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.
Theodore J. Hong, Maglio Christopher & Toale, PA, Seattle, WA, for petitioner.
Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On October 25, 2018, Nancy Spotanski 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 from Guillain-Barre Syndrome
(“GBS”) as a result of a September 30, 2016 influenza (“flu”) vaccination. Petition at 1,
6. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On November 15, 2019, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for GBS. On May 12, 2020, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $128,357.66.
Proffer at 2. 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-01653-UNJ Document 42 Filed 06/12/20 Page 2 of 5
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 $128,357.66 (representing $125,000.00 for actual and projected
pain and suffering, with the award for projected pain and suffering reduced to net
present value, and $3,357.66 for past unreimbursable expenses) 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-01653-UNJ Document 42 Filed 06/12/20 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
NANCY SPOTANSKI, )
)
Petitioner, )
) No. 18-1653V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On October 25, 2018, Nancy Spotanski (“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 alleged that she suffered Guillain-Barré
syndrome (“GBS”) as a result of an influenza (“flu”) vaccine administered to her on September
30, 2016. Petition at 1, 6.1 On November 14, 2019, the Secretary of Health and Human Services
(“respondent”) filed a Rule 4(c) Report recommending that compensation be awarded, and the
Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation
the following day. ECF No. 23; ECF No. 24.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that Nancy Spotanski should be awarded $125,000.00 in actual and
projected pain and suffering. This amount reflects that the award for projected pain and
1 Petitioner received a pneumococcal polysaccharide vaccine the same day. Exhibit (“Ex.”) 3 at
15, 42. She also received a Tdap vaccine on October 14, 2016. Ex. 3 at 11, 41.

Case 1:18-vv-01653-UNJ Document 42 Filed 06/12/20 Page 4 of 5
suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner
agrees.
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents Nancy Spotanski’s expenditure of past
unreimbursable expenses related to her vaccine-related injury. Respondent proffers that
petitioner should be awarded past unreimbursable expenses in the amount of $3,357.66, as
provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(1)(B). 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 Nancy Spotanski 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 following2: a lump sum payment of $128,357.66,
representing compensation for pain and suffering ($125,000.00), and past unreimbursable
expenses ($3,357.66), in the form of a check payable to petitioner, Nancy Spotanski.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Nancy Spotanski: $ 128,357.66
Respectfully submitted,
JOSEPH H. HUNT
Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
2 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-01653-UNJ Document 42 Filed 06/12/20 Page 5 of 5
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
s/ Sarah C. Duncan
SARAH C. DUNCAN
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) 514-9729
Fax: (202) 616-4310
DATED: May 12, 2020
3