VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00384
Package ID: USCOURTS-cofc-1_19-vv-00384
Petitioner: Marilyn Dixon Hill
Filed: 2019-03-13
Decided: 2023-11-07
Vaccine: influenza
Vaccination date: 2010-11-10
Condition: Guillain-Barre Syndrome (GBS) and Chronic Inflammatory Demyelinating Polyneuropathy (CIDP)
Outcome: compensated
Award amount USD: 637213

AI-assisted case summary:
Marilyn Dixon Hill filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered Guillain-Barre Syndrome (GBS) and Chronic Inflammatory Demyelinating Polyneuritis (CIDP) as a result of her November 10, 2010, influenza vaccination. The respondent initially recommended against compensation but later filed an amended report conceding that Ms. Hill was entitled to compensation. The respondent agreed that her condition met the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation for GBS. The respondent also confirmed that she received the vaccine in the United States, satisfied the severity requirement of suffering residual effects for more than six months, and filed her petition timely. Based on the respondent's concession and the evidence of record, the Special Master found Ms. Hill entitled to compensation. Subsequently, a decision awarding damages was issued. The respondent proffered an award of $637,213.42, which included $196,500.00 for pain and suffering, $434,357.06 for lost wages, and $6,356.36 for past unreimbursable medical expenses. Ms. Hill agreed with this proffered award. The Special Master awarded Ms. Hill the lump sum of $637,213.42.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00384-1
Date issued/filed: 2023-05-09
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 4/14/2023) regarding 77 Ruling on Entitlement. Signed by Special Master Daniel T. Horner. (st) Service on parties made.
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Case 1:19-vv-00384-UNJ Document 79 Filed 05/09/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-384V
Filed: April 14, 2023
UNPUBLISHED
MARILYN DIXON HILL, Special Master Daniel Horner
Petitioner, Ruling on Entitlement; Concession;
v. Table Injury; Guillain Barre
Syndrome (“GBS”)
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Emily Beth Ashe, Anapol Weiss, Philadelphia, PA, for petitioner.
Madelyn Weeks, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On January 7, 2021, Marilyn Dixon Hill (“petitioner”) 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-Barre Syndrome (“GBS”) and Chronic Inflammatory Demyelinating
Polyneuropathy (“CIDP”) as a result of her November 10, 2010 influenza (“flu”)
vaccination. (ECF No. 1.)
On October 16, 2020, respondent filed his initial Rule 4(c) Report and Motion to
Dismiss. (ECF No. 39; ECF No. 40.) Respondent’s Motion was denied and petitioner
was ordered to file an expert report. (ECF No. 43.) Petitioner then filed her expert
report on January 13, 2021. (ECF No. 45.) On April 6, 2022, respondent requested
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-00384-UNJ Document 79 Filed 05/09/23 Page 2 of 2
permission to file an amended Rule 4(c) Report. (ECF No. 65.) On April 11, 2023,
respondent filed his amended Rule 4(c) report in which he concedes that Petitioner is
entitled to compensation in this case given petitioner’s expert report. (ECF No. 76 at 1.)
Specifically, respondent states that: “It is respondent’s position that petitioner has
satisfied the criteria set forth in the Vaccine Injury Table (“Table”) and the Qualifications
and Aids to Interpretation (“QAI”) for GBS.” (Id. at 11 (citations omitted).) Respondent
further agrees that “the records show that petitioner received the flu vaccine in the
United States, that she satisfies the statutory severity requirement by suffering the
residual effects or complications of her injury for more than six months after vaccine
administration, and that her petition is timely filed by virtue of the ‘lookback’ provision of
Section 16(b) of the Vaccine Act.” (Id. at 11-12 (citations omitted).)
In view of Respondent’s position and the evidence of record, I find that
Petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Daniel T. Horner
Daniel T. Horner
Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_19-vv-00384-2
Date issued/filed: 2023-11-07
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 10/13/2023) regarding 93 DECISION Stipulation/Proffer. Signed by Special Master Daniel T. Horner. (sh) Service on parties made.
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Case 1:19-vv-00384-UNJ Document 97 Filed 11/07/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-384V
Filed: October 13, 2023
MARILYN DIXON HILL, Special Master Horner
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Emily Beth Ashe, Anapol Weiss, One Logan Square, 130 N. 18th Street, Suite 1600
Philadelphia, PA 19103, for petitioner.
Madelyn Weeks, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On March 13, 2019, Marilyn Dixon Hill (“petitioner”) 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”) and Chronic Inflammatory Demyelinating Polyneuritis
(“CIDP”). (ECF No. 1.)
On April 14, 2023, a ruling on entitlement was issued, finding petitioner entitled to
compensation for GBS. (ECF No. 77.) On October 13, 2023, respondent filed a proffer
on award of compensation (“Proffer”) indicating petitioner should be awarded
$637,213.42, including $196,500.00 for pain and suffering, $434,357.06 for lost wages,
and $6,356.36 for past unreimbursable medical expenses. (ECF No. 92.) In the
Proffer, respondent represented that petitioner agrees with the proffered award. Id.
1 Because this document contains a reasoned explanation for the action taken in this case, it must be
made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government
Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic
Government Services). This means the document 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.

Case 1:19-vv-00384-UNJ Document 97 Filed 11/07/23 Page 2 of 5
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 $637,213.42, representing $196,500.00 for pain and suffering,
$434,357.06 for lost wages, and $6,356.36 for 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/Daniel T. Horner
Daniel T. Horner
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-00384-UNJ Document 97 Filed 11/07/23 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
MARILYN DIXON HILL,
Petitioner,
v. No. 19-384V
Special Master Daniel T. Horner
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On March 13, 2019, Marilyn Dixon Hill (“petitioner”) filed a petition for compensation
(“petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1
to -34, as amended. Petitioner alleged that, as a result of receiving the influenza vaccine on
November 10, 2010, she suffered from Guillain-Barre Syndrome (“GBS”) and Chronic
Inflammatory Demyelinating Polyneuritis (“CIDP”). See Petition. On October 16, 2020,
respondent filed a Rule 4(c) Report recommending against compensation in this matter.
Petitioner filed expert reports from a neurologist, Frederick Nahm, M.D., Ph.D., on January 13,
2021, and August 20, 2021. On April 11, 2023, respondent filed an Amended Rule 4(c) report,
concluding that petitioner suffered GBS as defined by the Vaccine Injury Table, within the Table
1 This Proffer does not include attorneys’ fees and costs, which the parties intend to address after
the Damages Decision is issued.

Case 1:19-vv-00384-UNJ Document 97 Filed 11/07/23 Page 4 of 5
timeframe. On April 14, 2023, Special Master Horner issued a ruling on entitlement, finding that
petitioner was entitled to compensation for a GBS Table injury.
II. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
a lump sum of $637,213.42, for all damages, including $196,500.00 representative of pain and
suffering; $434,357.06 representative of past lost wages; and $6,356.36 representative of past
unreimbursable medical expenses. This amount represents all elements of compensation to
which petitioner is entitled under 42 U.S.C. § 300aa-15(a) regarding petitioner’s November 10,
2010, flu vaccination. Petitioner agrees.
III. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment, as described below, and requests that the Special Master’s
decision and the Court’s judgment award the following: A lump sum payment of $637,213.42 in
the form of a check payable to petitioner. Petitioner agrees.
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
2

Case 1:19-vv-00384-UNJ Document 97 Filed 11/07/23 Page 5 of 5
s/ MADELYN E. WEEKS
MADELYN E. WEEKS
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) 305-3262
madelyn.e.weeks@usdoj.gov
Dated: October 13, 2023
3