VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01701 Package ID: USCOURTS-cofc-1_18-vv-01701 Petitioner: Kellie S. Campbell Filed: 2018-11-02 Decided: 2019-12-26 Vaccine: influenza Vaccination date: 2017-10-31 Condition: Guillain-Barré Syndrome (GBS) Outcome: compensated Award amount USD: 140036 AI-assisted case summary: On November 2, 2018, Kellie S. Campbell 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 vaccination administered on October 31, 2017. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Campbell suffered a Table injury of GBS following the flu vaccine within the Table time period. The respondent also conceded that there was not a preponderance of the medical evidence that Ms. Campbell's GBS was due to a factor unrelated to vaccination and that her claim met the statutory severity requirements because she experienced sequelae for more than six months. On September 24, 2019, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding Ms. Campbell entitled to compensation. Subsequently, on November 5, 2019, the respondent filed a proffer on the award of compensation. On December 26, 2019, Chief Special Master Brian H. Corcoran issued a decision awarding damages based on this proffer. Ms. Campbell was awarded a total of $140,036.40, consisting of $130,000.00 for pain and suffering and $10,036.40 for past loss of earnings. The award was to be paid as a lump sum check payable to Ms. Campbell. Petitioner's counsel was Edward H. Walter of Jubelirer Pass & Intrieri, P.C., and respondent's counsel was Darryl R. Wishard of the U.S. Department of Justice. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of causation beyond it being a Table injury. Theory of causation field: Petitioner Kellie S. Campbell alleged that an influenza vaccine administered on October 31, 2017, caused Guillain-Barré Syndrome (GBS). The respondent conceded that GBS is a Table injury for the flu vaccine, that it occurred within the Table time period, and that there was no evidence of an unrelated cause. The respondent further conceded that the condition met the statutory severity requirements due to sequelae lasting more than six months. No specific medical experts or detailed causation mechanism were described in the public text. The case resulted in an entitlement ruling on September 24, 2019, by Chief Special Master Nora Beth Dorsey, and a damages decision on December 26, 2019, by Chief Special Master Brian H. Corcoran, awarding $140,036.40 ($130,000.00 for pain and suffering, $10,036.40 for past loss of earnings) based on a proffer agreed to by both parties. Petitioner was represented by Edward H. Walter, and respondent by Darryl R. Wishard. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01701-0 Date issued/filed: 2019-11-12 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 09/24/2019) regarding 20 Ruling on Entitlement Signed by Special Master Nora Beth Dorsey. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01701-UNJ Document 26 Filed 11/12/19 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1701V Filed: September 24, 2019 UNPUBLISHED KELLIE S. CAMPBELL, Petitioner, Special Processing Unit (SPU); v. Ruling on Entitlement; Concession; Table Injury; Influenza (Flu) Vaccine; SECRETARY OF HEALTH AND Guillain-Barre Syndrome (GBS) HUMAN SERVICES, Respondent. Edward H. Walter, Jubelirer Pass & Intrieri, P.C., Pittsburg, PA, for petitioner. Darryl R. Wishard, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Dorsey, Chief Special Master: On November 2, 2018, petitioner 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”) vaccination that was administered on October 31, 2017 . Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. 1 The undersigned intends to post this ruling on the United States Court of Federal Claims' website. 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, the undersigned agrees that the identified material fits within this definition, the undersigned will redact such material from public access. Because this unpublished ruling contains a reasoned explanation for the action in this case, 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). 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-01701-UNJ Document 26 Filed 11/12/19 Page 2 of 2 On September 24, 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 has “concluded that petitioner suffered the Table injury of GBS following a flu vaccine within the Table time period Moreover, there is not a preponderance of the medical evidence that petitioner’s GBS was due to a factor unrelated to vaccination.” Id. at 5. Respondent further agrees that “[t]he claim meets the statutory severity requirements because petitioner experienced sequelae of her GBS for more than six months. Id. In view of respondent’s position and the evidence of record, the undersigned finds that petitioner is entitled to compensation. IT IS SO ORDERED. s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master 2 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_18-vv-01701-1 Date issued/filed: 2019-12-26 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 11/06/2019) regarding 25 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (ypb) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01701-UNJ Document 30 Filed 12/26/19 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1701V Filed: November 6, 2019 UNPUBLISHED KELLI S. CAMPBELL, Petitioner, Special Processing Unit (SPU); v. Damages Decision Based on Proffer; Influenza (Flu) Vaccine; Guillain- SECRETARY OF HEALTH AND Barre Syndrome (GBS) HUMAN SERVICES, Respondent. Edward H. Walter, Jubelirer Pass & Intrieri, P.C., Pittsburgh, PA, for petitioner. Darryl R. Wishard, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 Corcoran, Chief Special Master: On November 2, 2018, petitioner 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”) vaccination administered on October 31, 2017. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On September 24, 2019, a ruling on entitlement was issued, finding petitioner entitled to compensation for GBS. On November 5, 2019, respondent filed a proffer on award of compensation (“Proffer”) indicating petitioner should be awarded $140,036.40 (consisting of $130,000.00 for pain and suffering and $10,036.40 for past loss of 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-01701-UNJ Document 30 Filed 12/26/19 Page 2 of 5 earnings). 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. Pursuant to the terms stated in the attached Proffer, I award petitioner a lump sum payment of $140,036.40 (consisting of $130,000.00 for pain and suffering and $10,036.40 for past loss of earnings) in the form of a check payable to petitioner, Kelli S. Campbell. 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-01701-UNJ Document 30 Filed 12/26/19 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ___________________________________ ) KELLIE S. CAMPBELL, ) ) Petitioner, ) No. 18-1701V ECF ) v. ) Chief Special Master Corcoran ) SECRETARY OF HEALTH ) AND HUMAN SERVICES, ) ) Respondent. ) ___________________________________ ) PROFFER ON AWARD OF COMPENSATION1 I. Procedural History On November 2, 2018, Kellie S. Campbell (“petitioner”) filed a petition seeking compensation (“Petition” or “Pet.”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34, as amended (“Vaccine Act” or “Act”), for an injury petitioner allegedly sustained as a result of an influenza (“flu”) vaccination administered on October 31, 2017. Petition at 1. Petitioner alleges that she suffered Guillain-Barré Syndrome (“GBS”), which is an injury listed on the Vaccine Injury Table (“Table”) for the flu vaccine. Id. On September 24, 2019, respondent filed his Vaccine Rule 4(c) report, conceding a Table injury for GBS. On September 24, 2019, Special Master Dorsey issued a ruling on entitlement, finding that petitioner was entitled to compensation for GBS. II. Items of Compensation Based upon the evidence of record, respondent proffers that petitioner should be awarded 1 This Proffer does not include attorneys’ fees and costs, which the parties intend to address after the Damages Decision is issued. Case 1:18-vv-01701-UNJ Document 30 Filed 12/26/19 Page 4 of 5 a lump sum of $140,036.40 for all damages, consisting of $130,000.00 for pain and suffering and $10,036.40 for past loss of earnings. This amount represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. III. Form of the Award Respondent recommends that the compensation provided to petitioner should be made through a lump sum payment of $140,036.40, in the form of a check payable to petitioner.2 Petitioner agrees. 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 GABRIELLE M. FIELDING Assistant Director Torts Branch, Civil Division 2 Should petitioner die prior to entry of judgment, respondent would oppose any award for future medical expenses, future lost earnings, and future pain and suffering, and the parties reserve the right to move the Court for appropriate relief. 2 Case 1:18-vv-01701-UNJ Document 30 Filed 12/26/19 Page 5 of 5 /s/Darryl R. Wishard DARRYL R. WISHARD Senior Trial Attorney Torts Branch, Civil Division U. S. Department of Justice P.O. Box l46, Benjamin Franklin Station Washington, D.C. 20044-0146 Direct dial: (202) 616-4357 Dated: November 5, 2019 Fax: (202) 616-4310 3