VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01785 Package ID: USCOURTS-cofc-1_18-vv-01785 Petitioner: Geetha Menon Filed: 2020-01-10 Decided: 2020-06-29 Vaccine: influenza Vaccination date: 2015-12-17 Condition: Guillain Barre Syndrome (GBS) Outcome: compensated Award amount USD: 152913 AI-assisted case summary: Geetha Menon filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered Guillain Barre Syndrome (GBS) as a result of an influenza vaccine received on December 17, 2015. The case was assigned to the Special Processing Unit of the Office of Special Masters. Respondent filed a Rule 4(c) report conceding that Petitioner is entitled to compensation, agreeing that she satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation for GBS. The ruling on entitlement found Petitioner entitled to compensation. Subsequently, Respondent filed a proffer on award of compensation, indicating Petitioner should be awarded $152,913.45, which Petitioner agreed with. The decision awarded Petitioner a lump sum payment of $152,913.45, representing $150,000.00 for pain and suffering and $2,913.45 for vaccine-related unreimbursed expenses. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01785-0 Date issued/filed: 2020-02-13 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 01/10/2020) regarding 20 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (SW) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01785-UNJ Document 24 Filed 02/13/20 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1785V UNPUBLISHED GEETHA MENON, Chief Special Master Corcoran Petitioner, Filed: January 10, 2020 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on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. Shealene Priscilla Mancuso, Muller Brazil, LLP, Dresher, PA, for petitioner. Glenn Alexander MacLeod, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 On November 20, 2018, Geetha Menon 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 received on December 17, 2015. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On January 9, 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 agrees that “petitioner has satisfied the criteria set forth 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-01785-UNJ Document 24 Filed 02/13/20 Page 2 of 2 in Vaccine Injury Table and the Qualifications and Aids to Interpretation for GBS, which afford petitioner a presumption of vaccine 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 5. 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-01785-1 Date issued/filed: 2020-06-29 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 05/28/2020) regarding 28 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01785-UNJ Document 32 Filed 06/29/20 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1785V UNPUBLISHED GEETHA MENON, Chief Special Master Corcoran Petitioner, Filed: May 28, 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. Shealene Priscilla Mancuso, Muller Brazil, LLP, Dresher, PA, for petitioner. Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 On November 20, 2018, Geetha Menon 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 received on December 17, 2015. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On January 10, 2020, a ruling on entitlement was issued, finding Petitioner entitled to compensation for GBS. On May 28, 2020, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $152,913.45. Proffer at 1. 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. 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-01785-UNJ Document 32 Filed 06/29/20 Page 2 of 4 Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $152,913.45 (representing $150,000.00 for pain and suffering and $2,913.45 for vaccine-related unreimbursed 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-01785-UNJ Document 32 Filed 06/29/20 Page 3 of 4 THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS GEETHA MENON, Petitioner, v. No. 18-1785V Chief Special Master Brian H. Corcoran SECRETARY OF HEALTH AND ECF HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On January 9, 2020, respondent filed his Rule 4(c) Report, in which respondent recommended that petitioner be found entitled to compensation, and on January 10, 2020, the Court entered its Ruling on Entitlement, finding petitioner entitled to compensation. Respondent now proffers that petitioner receive an award of a lump sum of $152,913.45 in the form of a check payable to petitioner, representing $150,000.00 for pain and suffering, and $2,913.45 for vaccine-related, unreimbursed expenses. This amount represents compensation for all elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner is entitled. 1 Petitioner agrees with the proffered award of $152,913.45. 2 Respectfully submitted, JOSEPH H. HUNT Assistant Attorney General 1 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 This proffer does not include any award for attorneys’ fees and costs that may be awarded pursuant to 42 U.S.C. § 300aa-15(e). 1 Case 1:18-vv-01785-UNJ Document 32 Filed 06/29/20 Page 4 of 4 C. SALVATORE D’ALESSIO Acting Director Torts Branch, Civil Division CATHARINE E. REEVES Deputy Director Torts Branch, Civil Division ALEXIS B. BABCOCK Assistant Director Torts Branch, Civil Division s/ RYAN D. PYLES RYAN D. PYLES Senior Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146 Tel: (202) 616-9847 Dated: May 28, 2020 2