VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00298 Package ID: USCOURTS-cofc-1_19-vv-00298 Petitioner: Sonya Sims-Caldwell Filed: 2019-02-25 Decided: 2021-09-13 Vaccine: influenza Vaccination date: 2017-11-24 Condition: Guillain-Barre Syndrome (GBS) Outcome: compensated Award amount USD: 195243 AI-assisted case summary: Sonya Sims-Caldwell 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 administered on November 24, 2017. The respondent, the Secretary of Health and Human Services, conceded that Ms. Sims-Caldwell is entitled to compensation. The respondent concluded that she suffered the Table injury of GBS following a flu vaccine within the Table time period and that there was not a preponderance of the medical evidence that her GBS was due to an unrelated factor. The respondent also agreed that the claim met the statutory severity requirement, as her medical records showed sequelae of her GBS for more than six months. Based on the respondent's concession and the evidence, entitlement to compensation was granted. Subsequently, the parties filed a joint stipulation on damages. The court adopted the stipulation, awarding Ms. Sims-Caldwell a lump sum of $195,243.06, which included amounts for life care plan expenses, past unreimbursable expenses, and past and future pain and suffering. An additional amount was awarded to purchase an annuity contract. This compensation covers all items of damages available under Section 15(a) of the Vaccine Act. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00298-0 Date issued/filed: 2020-06-08 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 05/07/2020) regarding 36 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00298-UNJ Document 39 Filed 06/08/20 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-298V UNPUBLISHED SONYA SIMS-CALDWELL, Chief Special Master Corcoran Petitioner, Filed: May 7, 2020 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on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. Anne Carrion Toale, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner. Althea Walker Davis, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 On February 25, 2019, Sonya Sims-Caldwell 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 administered on November 24, 2017. Petition at 1, 3, 5. The case was assigned to the Special Processing Unit of the Office of Special Masters. On May 4, 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 concludes that “petitioner suffered the Table injury of GBS 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-00298-UNJ Document 39 Filed 06/08/20 Page 2 of 2 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.” Id. at 9. Respondent agrees that the “claim also meets the statutory severity requirement as petitioner’s medical records show that she experienced sequelae of her GBS 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 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_19-vv-00298-1 Date issued/filed: 2021-09-13 Pages: 9 Docket text: PUBLIC DECISION (Originally filed: 08/11/2021) regarding 59 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. (Main Document 60 replaced on 10/26/2021 to attach corrected PDF) (ypb). -------------------------------------------------------------------------------- Case 1:19-vv-00298-UNJ Document 60 Filed 09/13/21 Page 1 of 9 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-298V UNPUBLISHED SONYA SIMS-CALDWELL, Chief Special Master Corcoran Petitioner, v. Filed: August 11, 2021 SECRETARY OF HEALTH AND Special Processing Unit (SPU); Joint HUMAN SERVICES, Stipulation on Damages; Influenza (Flu); Guillain-Barré syndrome Respondent. (GBS). Anne Carrion Toale, Maglio Christopher & Toale, PA, Sarasota, FL, for Petitioner. Althea Walker Davis, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On February 25, 2019, Sonya Sims-Caldwell 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”) following her receipt of an influenza (“flu”) vaccination on or about November 24, 2017. Petition at 1; Stipulation filed August 10, 2021, ¶¶ 1-4. On May 7, 2021, a ruling on entitlement was issued, finding Petitioner entitled to compensation for GBS. ECF No. 36. On August 10, 2021, the parties filed the attached joint stipulation, which states that a decision should be entered awarding compensation. I find the stipulation reasonable and adopt it as my decision awarding damages, on the terms set forth therein. 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-00298-UNJ Document 60 Filed 09/13/21 Page 2 of 9 Pursuant to the terms stated in the attached Stipulation, I award the following compensation: • A lump sum of $195,243.06 (which amount includes $5,700.00 for Year One Life Care Plan expenses, $7,393.06 for past unreimbursable expenses, and $182,150.00 for past and future pain and suffering) in the form of a check payable to Petitioner. Stipulation at ¶ 9. • An amount sufficient to purchase the annuity contract described in paragraph 11 in the Stipulation, paid to the life insurance company from which the annuity will be purchased (the “Life Insurance Company”). Stipulation at ¶ 9. The above amounts represent compensation for all items of damages that would be available under Section 15(a). Id. I approve the requested amounts for Petitioner’s compensation. In the absence of a motion for review filed pursuant to RCFC Appendix B, 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-00298-UNJ Document 60 Filed 09/13/21 Page 3 of 9 Case 1:19-vv-00298-UNJ Document 60 Filed 09/13/21 Page 4 of 9 Case 1:19-vv-00298-UNJ Document 60 Filed 09/13/21 Page 5 of 9 Case 1:19-vv-00298-UNJ Document 60 Filed 09/13/21 Page 6 of 9 Case 1:19-vv-00298-UNJ Document 60 Filed 09/13/21 Page 7 of 9 Case 1:19-vv-00298-UNJ Document 60 Filed 09/13/21 Page 8 of 9 Case 1:19-vv-00298-UNJ Document 60 Filed 09/13/21 Page 9 of 9