VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00084
Package ID: USCOURTS-cofc-1_19-vv-00084
Petitioner: Elaine Mercante
Filed: 2019-01-16
Decided: 2020-11-16
Vaccine: influenza
Vaccination date: 2016-11-09
Condition: Guillain-Barré syndrome (GBS)
Outcome: compensated
Award amount USD: 181106

AI-assisted case summary:
On January 16, 2019, Elaine Mercante filed a petition under the National Vaccine Injury Compensation Program alleging that she suffered Guillain-Barré syndrome (GBS) as a result of an influenza vaccine administered on November 9, 2016. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Mercante suffered from GBS and met the criteria for a "Table injury." This afforded her a presumption of vaccine causation, provided the onset of GBS occurred between three and forty-two days after the vaccination and there was no more likely alternative diagnosis. On May 29, 2020, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding Ms. Mercante entitled to compensation based on the respondent's concession. Subsequently, on October 15, 2020, the respondent filed a proffer on the award of compensation. The respondent proposed a total award of $181,106.21, which included $122,500.00 for pain and suffering, $13,781.18 for past unreimbursable expenses, and $44,825.03 for past loss of earnings. The petitioner, a competent adult, agreed with the proffered award. On November 16, 2020, Chief Special Master Corcoran issued a decision awarding the stipulated amount. Petitioner was represented by Diana Lynn Stadelnikas of Maglio Christopher & Toale, PA, and respondent was represented by Ronalda Elnetta Kosh of the U.S. Department of Justice.

Theory of causation field:
Petitioner Elaine Mercante alleged Guillain-Barré syndrome (GBS) resulting from an influenza vaccine administered on November 9, 2016. The respondent conceded that petitioner suffered from GBS and met the criteria for a "Table injury" under the Vaccine Injury Table, which provides a presumption of causation if GBS onset occurs between three and forty-two days post-vaccination and no more likely alternative diagnosis exists. The public decision does not describe the specific onset date, symptoms, medical tests, treatments, or expert witnesses. On May 29, 2020, Chief Special Master Brian H. Corcoran issued a ruling on entitlement finding petitioner entitled to compensation. On November 16, 2020, Chief Special Master Corcoran issued a decision awarding a stipulated amount of $181,106.21, comprising $122,500.00 for pain and suffering, $13,781.18 for past unreimbursable expenses, and $44,825.03 for past loss of earnings. Petitioner was represented by Diana Lynn Stadelnikas, and respondent was represented by Ronalda Elnetta Kosh.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00084-0
Date issued/filed: 2020-06-29
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 05/29/2020) regarding 22 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00084-UNJ Document 26 Filed 06/29/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-0084V
UNPUBLISHED
ELAINE MERCANTE, Chief Special Master Corcoran
Petitioner, Filed: May 29, 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.
Diana Lynn Stadelnikas, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner.
Ronalda Elnetta Kosh, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On January 16, 2019, Elaine Mercante 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”) vaccine administered to her on November 9, 2016.
Petition at 1-2. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On May 29, 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 it is “respondent’s position that petitioner
suffered from GBS, and that she has satisfied the criteria set forth in the revised
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 1:19-vv-00084-UNJ Document 26 Filed 06/29/20 Page 2 of 2
Vaccine Injury (Table) and the Qualifications and Aids to Interpretation (“QAI”), which
afford her 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 more likely
alternative diagnosis. Id. at 5-6.
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_19-vv-00084-1
Date issued/filed: 2020-11-16
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 10/15/2020) regarding 32 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00084-UNJ Document 36 Filed 11/16/20 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-0084V
UNPUBLISHED
ELAINE MERCANTE, Chief Special Master Corcoran
Petitioner, Filed: October 15, 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.
Diana Lynn Stadelnikas, Maglio Christopher & Toale, PA, Sarasota, FL, for Petitioner.
Ronalda Elnetta Kosh, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 16, 2019, Elaine Mercante 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”) vaccine administered to her on November 9, 2016. Petition at
1-2. Petitioner further alleges that her vaccine related injuries have lasted more than six
months. Petition at 2. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On May 29, 2020, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for GBS. On October 15, 2020, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded a total of $181,106.21,
consisting of $122,500.00 in pain and suffering, $13,781.18 for past unreimbursable
expenses, and $44,825.03 for past loss of earnings. Proffer at 1-2. 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 1:19-vv-00084-UNJ Document 36 Filed 11/16/20 Page 2 of 5
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 $181,106.21 (consisting of $122,500.00 in pain and suffering,
$13,781.18 for past unreimbursable expenses, and $44,825.03 for past loss of
earnings) 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 1:19-vv-00084-UNJ Document 36 Filed 11/16/20 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
ELAINE MERCANTE )
)
)
Petitioner, )
) No. 19-84V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On January 16, 2019, Elaine Mercante (“petitioner”) filed a petition for compensation
(“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34
(“Vaccine Act” or “Act”), as amended. Petitioner alleges that she suffered Guillain-Barré Syndrome
(“GBS”) as a result of an influenza (“flu”) vaccine administered on November 9, 2016. See Petition.
On May 29, 2020, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c)
Report indicating that this case is appropriate for compensation under the terms of the Act for a
GBS Table injury, and on May 29, 2020, the Chief Special Master issued a Ruling on
Entitlement finding petitioner entitled to compensation. ECF No. 22; ECF No. 26.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $122,500.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:19-vv-00084-UNJ Document 36 Filed 11/16/20 Page 4 of 5
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that she incurred past unreimbursable
expenses related to her vaccine-related injury. Respondent proffers that petitioner should be
awarded past unreimbursable expenses in the amount of $13,781.18. See 42 U.S.C. § 300aa-
15(a)(1)(B). Petitioner agrees.
C. Lost Earnings
The parties agree that based upon the evidence of record, petitioner has suffered past loss
of earnings. Therefore, respondent proffers that petitioner should be awarded lost earnings in the
amount of $44,825.03. See 42 U.S.C. § 300aa-15(a)(3)(B). Petitioner agrees.
These amounts represent all elements of compensation to which petitioner is entitled
under See 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respondent recommends that the compensation provided to petitioner should be made through a
lump sum payment as described below and requests that the Chief Special Master’s decision and
the Court’s judgment award the following1: a lump sum payment of $181,106.21, in the form of
a check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Elaine Mercante: $181,106.21
Respectfully submitted,
JEFFERY BOSSERT CLARK
Acting 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 lost earnings
and future pain and suffering.

Case 1:19-vv-00084-UNJ Document 36 Filed 11/16/20 Page 5 of 5
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/ Ronalda E. Kosh
RONALDA E. KOSH
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel.: (202) 616-4476
Email: ronalda.kosh@usdoj.gov
DATED: October 15, 2020