VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01672 Package ID: USCOURTS-cofc-1_18-vv-01672 Petitioner: Karlee Tessmer Filed: 2018-10-30 Decided: 2020-05-05 Vaccine: influenza Vaccination date: 2011-09-30 Condition: Guillain-Barre Syndrome (GBS) Outcome: compensated Award amount USD: 125000 AI-assisted case summary: Karlee Tessmer filed a petition for compensation under the National Vaccine Injury Compensation Program on October 30, 2018, alleging that she suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine administered on September 30, 2011. The respondent filed a Rule 4(c) report conceding that Ms. Tessmer is entitled to compensation, finding that she satisfied the criteria set forth in the Vaccine Injury Table for GBS after a flu vaccine. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a ruling on entitlement on April 3, 2020, finding Ms. Tessmer entitled to compensation. Subsequently, the respondent filed a proffer on damages, indicating that Ms. Tessmer should be awarded $125,000.00, which Ms. Tessmer agreed with. The court issued a decision on May 5, 2020, awarding Ms. Tessmer a lump sum payment of $125,000.00. Petitioner was represented by Bridget Candace McCullough of Muller Brazil, LLP, and respondent was represented by Traci R. Patton of the U.S. Department of Justice. Theory of causation field: Petitioner Karlee Tessmer alleged that an influenza vaccine administered on September 30, 2011, caused Guillain-Barre Syndrome (GBS). The respondent conceded entitlement, finding that Petitioner satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation for GBS after a flu vaccine. The public decision does not describe the specific mechanism of causation, expert testimony, or detailed clinical information regarding the onset, symptoms, tests, or treatments. The Special Master found Petitioner entitled to compensation based on the respondent's concession and the evidence of record. A ruling on entitlement was issued by Chief Special Master Brian H. Corcoran on April 3, 2020. Subsequently, a decision awarding damages was issued by Chief Special Master Brian H. Corcoran on May 5, 2020, awarding Petitioner a lump sum of $125,000.00. Petitioner was represented by Bridget Candace McCullough, and respondent was represented by Traci R. Patton. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01672-0 Date issued/filed: 2020-05-04 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 04/03/2020) regarding 34 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01672-UNJ Document 39 Filed 05/04/20 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1672V UNPUBLISHED KARLEE TESSMER, Chief Special Master Corcoran Petitioner, Filed: April 3, 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. Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for petitioner. Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 On October 30, 2018, Karlee Tessmer 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 as a result of an influenza (“flu”) vaccine she received on September 30, 201, she suffered Guillain-Barre Syndrome (“GBS”). Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On March 31, 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 concluded that Petitioner has satisfied the criteria set 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-01672-UNJ Document 39 Filed 05/04/20 Page 2 of 2 forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation for GBS after a flu vaccine. Id. at 4. Respondent further agrees that Petitioner has satisfied all legal prerequisites for compensation under the Vaccine Act. Id. 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-01672-1 Date issued/filed: 2020-05-05 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 04/03/2020) regarding 35 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01672-UNJ Document 40 Filed 05/05/20 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1672V UNPUBLISHED KARLEE TESSMER, Chief Special Master Corcoran Petitioner, Filed: April 3, 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. Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for petitioner. Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 On October 30, 2018, Karlee Tessmer 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-Barre Syndrome (“GBS”) as a result of an influenza (“flu”) vaccine administered on September 30, 2011. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On April 3, 2020, a ruling on entitlement was issued, finding Petitioner entitled to compensation for GBS. On March 31, 2020, Respondent filed a Rule 4(c) Report Conceding Entitlement to Compensation and Proffer on Damages (“Rule 4(c) and Proffer”) indicating Petitioner should be awarded $125,000.00. Rule 4(c) and Proffer at 5. In the Proffer, Respondent represented that Petitioner agrees with the proffered 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-01672-UNJ Document 40 Filed 05/05/20 Page 2 of 2 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 $125,000.00 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