VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01840 Package ID: USCOURTS-cofc-1_18-vv-01840 Petitioner: Gwendolyn Love Filed: 2020-01-22 Decided: 2020-03-30 Vaccine: influenza Vaccination date: 2015-12-10 Condition: Guillain-Barré Syndrome (GBS) Outcome: compensated Award amount USD: 155000 AI-assisted case summary: Gwendolyn Love filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered Guillain-Barré Syndrome (GBS) as a result of receiving an influenza vaccine on December 10, 2015. She claimed her symptoms began within forty-two days of the vaccination and that she experienced residual effects for more than six months. The respondent conceded that Ms. Love was entitled to compensation, concluding that she suffered a Table injury of GBS following the flu vaccine within the Table timeframe and that there was no evidence of an unrelated cause. The claim also met the statutory severity requirements. A ruling on entitlement was issued on January 22, 2020, finding Ms. Love entitled to compensation. Subsequently, on March 30, 2020, a decision awarding damages was issued, granting Ms. Love a lump sum payment of $155,000.00 based on a proffer agreed to by both parties. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01840-0 Date issued/filed: 2020-02-26 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 01/22/2020) regarding 22 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01840-UNJ Document 25 Filed 02/26/20 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1840V UNPUBLISHED GWENDOLYN LOVE, Chief Special Master Corcoran Petitioner, Filed: January 22, 2020 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on Entitlement; Concession; HUMAN SERVICES, Table Injury; Influenza (Flu) Vaccine; Guillain-Barré Syndrome (GBS) Respondent. Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for petitioner. Linda Sara Renzi, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 On November 30, 2018, Gwendolyn Love 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 as a result of receiving the influenza (flu) vaccine on December 10, 2015. Petition at 1. Petitioner further alleges that he received the vaccination in the United States, that her symptoms began within forty-two (42) that she suffered the residual effects of her GBS for more than six (6) months, and that neither she nor any other party has filed a civil action or received compensation for her GBS. Id. at ¶¶ 2, 17-19. The case was assigned to the Special Processing Unit of the Office of Special Masters. 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-01840-UNJ Document 25 Filed 02/26/20 Page 2 of 2 On January 21, 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 suffered the Table injury of GBS following a flu vaccine within the Table time period, and there is not a preponderance of the medical evidence that petitioner’s GBS was due to a factor unrelated to the vaccination. The claim also meets the statutory severity requirements because petitioner experienced sequelae of her GBS for more than six months.” Id. at 6 citing 42 C.F.R. § 100.3(a); 42 U.S.C. §§ 300aa-11(c)(1)(D)(i), 300aa-13(a)(1). Respondent further agrees that “the scope of damages to be awarded is limited to petitioner’s GBS and its related sequelae only.” 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-01840-1 Date issued/filed: 2020-03-30 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 02/27/2020) regarding 27 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01840-UNJ Document 33 Filed 03/30/20 Page 1 of 4 CORRECTED In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1840V UNPUBLISHED GWENDOLYN LOVE, Chief Special Master Corcoran Petitioner, Filed: February 27, 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. Linda Sara Renzi, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On November 30, 2018, Gwendolyn Love 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 receiving the influenza (flu) vaccine on December 10, 2015. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On January 22, 2020, a ruling on entitlement was issued, finding Petitioner entitled to compensation for her GBS. On February 26, 2020, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $155,000.00. 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-01840-UNJ Document 33 Filed 03/30/20 Page 2 of 4 Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $155,000.00 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 Case 1:18-vv-01840-UNJ Document 33 Filed 03/30/20 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS GWENDOLYN LOVE, ) ) Petitioner, ) No. 18-1840V ) Chief Special Master v. ) Brian H. Corcoran ) ECF SECRETARY OF HEALTH ) AND HUMAN SERVICES, ) ) Respondent. ) ) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION I. Compensation for Vaccine Injury-Related Items On November 30, 2018, petitioner filed a petition seeking compensation under the Vaccine Act for Guillain-Barre Syndrome (GBS) that she claimed occurred within the Table timeframe following a flu vaccine. On January 21, 2020, respondent conceded that entitlement to compensation was appropriate under the terms of the Vaccine Act. Thereafter, on January 22, 2020, the Special Master issued a Ruling on Entitlement, finding that petitioner was entitled to vaccine compensation for a GBS Table injury. Respondent proffers that based on the evidence of record, petitioner should be awarded $155,000.00. This amount represents all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a)(1); 15(a)(3)(A); and 15(a)(4). Petitioner agrees. Case 1:18-vv-01840-UNJ Document 33 Filed 03/30/20 Page 4 of 4 II. Form of the Award The parties recommend that the compensation provided to petitioner should be made through a lump sum payment as described below, and request that the Chief Special Master’s decision and the Court’s judgment award the following:1 A lump sum payment of $155,000.00 in the form of a check payable to petitioner, Gwendolyn Love. This amount accounts for all elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner is entitled. 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 GABRIELLE M. FIELDING Assistant Director Torts Branch, Civil Division /s/ Linda S. Renzi LINDA S. RENZI Senior Trial Counsel Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Dated: February 26, 2020 Tel.: (202) 616-4 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 lost earnings, and future pain and suffering.