VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01657
Package ID: USCOURTS-cofc-1_18-vv-01657
Petitioner: Kristine Rucker-Morrow
Filed: 2018-10-26
Decided: 2020-07-27
Vaccine: influenza
Vaccination date: 2016-10-21
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 197446

AI-assisted case summary:
On October 26, 2018, Kristine Rucker-Morrow filed a petition under the National Vaccine Injury Compensation Program, alleging that she developed Guillain-Barre Syndrome (GBS) as a result of receiving a seasonal influenza vaccine on October 21, 2016. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on October 30, 2019, conceding that the petitioner was entitled to compensation. The respondent's concession was based on the petitioner satisfying the criteria set forth in the Vaccine Injury Table and its Aids to Interpretation. On November 7, 2019, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding the petitioner entitled to compensation. Subsequently, on June 23, 2020, the respondent filed a proffer recommending an award of $197,446.11. This amount included $177,500.00 for pain and suffering, $6,016.80 for past unreimbursable expenses, and $13,929.31 for lost earnings. The petitioner agreed with this proffered award. On July 27, 2020, Chief Special Master Brian H. Corcoran issued a decision awarding the petitioner the lump sum of $197,446.11, payable by check to Kristine Rucker-Morrow. The decision noted that the petitioner is a competent adult and did not require evidence of guardianship. The case was handled by Edward M. Kraus of the Law Offices of Chicago Kent for the petitioner and Dhairya Divyakant Jani of the U.S. Department of Justice for the respondent. The public decision was issued on July 27, 2020.

Theory of causation field:
Petitioner Kristine Rucker-Morrow alleged Guillain-Barre Syndrome (GBS) following a seasonal influenza vaccine administered on October 21, 2016. The respondent conceded entitlement, acknowledging that the condition met the criteria set forth in the Vaccine Injury Table. A ruling on entitlement was issued by Chief Special Master Brian H. Corcoran on November 7, 2019. Subsequently, a proffer on award of compensation was filed by the respondent on June 23, 2020, recommending a lump sum payment of $197,446.11, which included $177,500.00 for pain and suffering, $6,016.80 for past unreimbursable expenses, and $13,929.31 for lost earnings. The petitioner agreed with the proffered award. Chief Special Master Brian H. Corcoran issued a decision awarding the petitioner the lump sum of $197,446.11 on July 27, 2020. The theory of causation is based on the Vaccine Injury Table. Petitioner's counsel was Edward M. Kraus, and respondent's counsel was Dhairya Divyakant Jani.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01657-0
Date issued/filed: 2019-12-26
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/07/2019) regarding 25 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (ypb) Service on parties made.
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Case 1:18-vv-01657-UNJ Document 30 Filed 12/26/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1657V
UNPUBLISHED
KRISTINE RUCKER-MORROW, Chief Special Master Corcoran
Petitioner, Filed: November 7, 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.
Edward M. Kraus, Law Offices of Chicago Kent, Chicago, IL, for petitioner.
Dhairya Divyakant Jani, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On October 26, 2018, Kristine Rucker-Morrow 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 as the result of receiving a seasonal influenza vaccine administered on
October 21, 2016. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On October 30, 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 admits that Petitioner has satisfied the
1 I intend to post this decision on the United States Court of Federal Claims' website. 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. 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).
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-01657-UNJ Document 30 Filed 12/26/19 Page 2 of 2
criteria set forth in the Vaccine Injury Table and the qualifications and Aids to
Interpretation Id. at 9.
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-01657-1
Date issued/filed: 2020-07-27
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 06/25/2020) regarding 36 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-01657-UNJ Document 40 Filed 07/27/20 Page 1 of 5
CORRECTED
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1657V
UNPUBLISHED
KRISTINE RUCKER-MORROW, Chief Special Master Corcoran
Petitioner, Filed: June 25, 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.
Edward M. Kraus, Law Offices of Chicago Kent, Chicago, IL, for petitioner.
Dhairya Divyakant Jani, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On October 26, 2018, Kristine Rucker-Morrow 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”) following the administration of a seasonal influenza vaccine on October 21,
2016. Petition at 1. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On November 7, 2019, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for GBS. On June 23, 2020, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $177,500.00
for pain and suffering, $6,016.80 in past unreimbursable expenses, and $13,929.31 in
lost earnings for a lump sum payment of $197,446.11. Proffer at 1-2. In the Proffer,
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-01657-UNJ Document 40 Filed 07/27/20 Page 2 of 5
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 $197,446.11 (composed of $177,500.00 for pain and suffering,
$6,016.80 in past unreimbursable expenses, and $13,929.31 in lost earnings) 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-01657-UNJ Document 40 Filed 07/27/20 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
KRISTINE RUCKER-MORROW, *
*
Petitioner, *
*
v. * No. 18-1657V (ECF)
* CHIEF SPECIAL MASTER
* BRIAN H. CORCORAN
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On October 26, 2018, Kristine Rucker-Morrow (“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 on October 21, 2016.
Petition at 1. On October 30, 2019, the Secretary of Health and Human Services (“respondent”)
filed a Vaccine Rule 4(c) report recommending that compensation be awarded. ECF No. 24.
Accordingly, on November 7, 2019, the Chief Special Master issued a Ruling on Entitlement
finding petitioner entitled to Vaccine Act compensation. ECF No. 25.
I. Amount of Compensation
Respondent now proffers that, based on the Chief Special Master’s entitlement decision
and the evidence of record, petitioner should be awarded $197,446.11.1 This amount represents
1 The parties have no objection to the amount of the proffered award of damages. Assuming the
Chief Special Master issues a damages decision in conformity with this proffer, the parties waive
their right to seek review of such damages decision.
1

Case 1:18-vv-01657-UNJ Document 40 Filed 07/27/20 Page 4 of 5
all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-
15(a). Petitioner agrees.
II. Items of Compensation and Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment described below, and request that the Chief Special Master’s
damages decision and the Court’s judgment award the following: 2
A. Petitioner’s Damages
A lump sum payment of $197,446.11 (comprised of $177,500.00 for pain and suffering,
$6,016.80 in past unreimbursable expenses, and $13,929.31 in lost earnings) in the form of a
check payable to petitioner, Kristine Rucker-Morrow.
B. Guardianship
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
JOSEPH H. HUNT
Assistant Attorney General
C.SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Assistant 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 medical
expenses, future pain and suffering, and future lost wages.
2

Case 1:18-vv-01657-UNJ Document 40 Filed 07/27/20 Page 5 of 5
/s/ DHAIRYA D. JANI
DHAIRYA D. JANI
Trial Attorney
U.S. Department of Justice
Torts Branch, Civil Division
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 616-4356
Dated: June 23, 2020
3