VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01817
Package ID: USCOURTS-cofc-1_18-vv-01817
Petitioner: Debra Falk
Filed: 2018-11-27
Decided: 2020-07-16
Vaccine: influenza
Vaccination date: 2017-11-02
Condition: Guillain-Barre syndrome (GBS)
Outcome: compensated
Award amount USD: 136305

AI-assisted case summary:
Debra Falk filed a petition for compensation under the National Vaccine Injury Compensation Program on November 27, 2018, alleging she suffered from Guillain-Barré syndrome (GBS) as a result of an influenza vaccination received on November 2, 2017. The case was assigned to the Special Processing Unit. Respondent filed a Rule 4(c) report conceding that Petitioner is entitled to compensation, stating she suffered GBS following the influenza vaccine with onset within the Table's specified time period and experienced residual effects for more than six months. Based on this concession and the evidence, entitlement was granted. Subsequently, on June 15, 2020, Respondent filed a combined Rule 4 report/proffer on award of compensation, indicating Petitioner should be awarded $136,305.67, comprised of $107,500.00 for pain and suffering and $28,805.67 for past unreimbursable expenses. Petitioner agreed with the proffered award. The court found Petitioner entitled to the award as stated in the proffer and awarded the lump sum of $136,305.67.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01817-0
Date issued/filed: 2020-07-16
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/16/2020) regarding 28 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-01817-UNJ Document 34 Filed 07/16/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1817V
UNPUBLISHED
DEBRA FALK, Chief Special Master Corcoran
Petitioner, Filed: June 16, 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.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner.
Robert Paul Coleman, III, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On November 27, 2018, Debra Falk 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 that she suffered from Guillain-Barré syndrome
as a result of an influenza (“flu”) vaccination that she received on November 2, 2017.
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On June 15, 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 states that “[P]etitioner suffered GBS following 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-01817-UNJ Document 34 Filed 07/16/20 Page 2 of 2
administration of an influenza vaccine, and that the onset occurred within the time
period specified in the Table.” Id. at 2. Respondent further agrees that “[P]etitioner
suffered the residual effects of her condition for more than six months.” 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

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DOCUMENT 2: USCOURTS-cofc-1_18-vv-01817-1
Date issued/filed: 2020-07-20
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 06/16/2020) regarding 29 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-01817-UNJ Document 35 Filed 07/20/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1817V
UNPUBLISHED
DEBRA FALK, Chief Special Master Corcoran
Petitioner, Filed: June 16, 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.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner.
Robert Paul Coleman, III, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On November 27, 2018, Debra Falk 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-Barré syndrome as a
result of an influenza (“flu”) vaccination that she received on November 2, 2017.
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On June 16, 2020, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for GBS. On June 15, 2020, Respondent filed a combined Rule 4
report/proffer on award of compensation (“Rule 4/Proffer”) indicating Petitioner should
be awarded $136,305.67 (comprised of $107,500.00 for actual pain and suffering and
$28,805.67 for past unreimbursable expenses). Rule 4/Proffer at 3. In the Rule
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-01817-UNJ Document 35 Filed 07/20/20 Page 2 of 2
4/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 Rule 4/Proffer, I award Petitioner a lump
sum payment of $136,305.67 (comprised of $107,500.00 in actual pain and
suffering and $28,805.67 in 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