VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00401 Package ID: USCOURTS-cofc-1_19-vv-00401 Petitioner: Katy Parrott Filed: 2019-03-15 Decided: 2023-03-13 Vaccine: influenza Vaccination date: 2010-11-10 Condition: Guillain-Barre Syndrome (GBS) Outcome: compensated Award amount USD: 90957.51 AI-assisted case summary: On March 15, 2019, Katy Parrott filed a Vaccine Program petition alleging that an influenza vaccine administered on November 10, 2010 caused Guillain-Barre Syndrome. The petition contained a typographical error about the vaccination date, but the medical records confirmed November 10, 2010. Respondent conceded entitlement in a Rule 4(c) report filed July 24, 2019. Respondent stated that Parrott suffered the Table injury of GBS following a flu vaccine within the Table time period and met the statutory requirements for compensation under the Vaccine Act. Chief Special Master Nora Beth Dorsey granted entitlement the same day. The public entitlement ruling does not describe Parrott's onset, hospitalization, testing, or treatment course. Respondent filed a damages proffer on March 13, 2023, and Parrott agreed. Chief Special Master Brian H. Corcoran awarded a lump sum of $90,957.51 that same day, payable to Parrott. The award consisted of $90,000.00 for pain and suffering and $957.51 for out-of-pocket medical and related expenses. Parrott was represented by Brian Robert Arnold of Brian R. Arnold & Associates. Theory of causation field: Influenza vaccine (November 10, 2010; petition had typographical date error but medical records confirmed this date) causing Table Guillain-Barre Syndrome. COMPENSATED. Respondent conceded Table GBS within the Table timeframe and statutory requirements; public decisions contain limited clinical detail beyond the concession. Entitlement granted by Chief Special Master Nora Beth Dorsey on July 24, 2019; damages awarded by Chief Special Master Brian H. Corcoran on March 13, 2023. Award: $90,957.51 lump sum ($90,000.00 pain and suffering + $957.51 out-of-pocket expenses). Attorney: Brian Robert Arnold, Brian R. Arnold & Associates, Richardson, TX. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00401-0 Date issued/filed: 2019-10-11 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 07/24/2019) regarding 11 Ruling on Entitlement Signed by Special Master Nora Beth Dorsey. (ypb) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00401-UNJ Document 15 Filed 10/11/19 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-0401V Filed: July 24, 2019 UNPUBLISHED KATY PARROTT, Petitioner, Special Processing Unit (SPU); v. Ruling on Entitlement; Concession; Table Injury; Influenza (Flu) Vaccine; SECRETARY OF HEALTH AND Guillain-Barre Syndrome (GBS) HUMAN SERVICES, Respondent. Brian Robert Arnold, Brian R. Arnold & Associates, Richardson, TX, for petitioner. Brittany Alexandra Anne Ditto, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Dorsey, Chief Special Master: On March 15, 2019, 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 the influenza (“flu”) vaccine that she received on November 10, 2010, caused her to suffer from Guillian-Barré Syndrome (“GBS”). 1 The undersigned intends to post this ruling on the United States Court of Federal Claims' website. 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, the undersigned agrees that the identified material fits within this definition, the undersigned will redact such material from public access. Because this unpublished ruling contains a reasoned explanation for the action in this case, undersigned is 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). 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-00401-UNJ Document 15 Filed 10/11/19 Page 2 of 2 Petition at ¶¶ IV, V.3 The case was assigned to the Special Processing Unit of the Office of Special Masters. On July 24, 2019, 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 “petitioner suffered the Table injury of GBS following a flu vaccine within the Table time period . . . [and] has met the statutory requirements for entitlement to compensation under the Act.” Id. at 4. In view of respondent’s position and the evidence of record, the undersigned finds that petitioner is entitled to compensation. IT IS SO ORDERED. s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master 3 The petition contains a typographical error as to the date of vaccination. Compare Petition ¶ IV with ¶ V. The medical records confirm that petitioner received the vaccination on November 10, 2010. Ex. 3. ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_19-vv-00401-1 Date issued/filed: 2023-04-13 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 03/13/2023) regarding 63 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00401-UNJ Document 67 Filed 04/13/23 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-0401V UNPUBLISHED KATY PARROTT, Chief Special Master Corcoran Petitioner, Filed: March 13, 2023 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Damages Decision Based on Proffer; HUMAN SERVICES, Influenza (Flu) Vaccine; Guillain- Barre Syndrome (GBS) Respondent. Brian Robert Arnold, Brian R. Arnold & Associates, Richardson, TX, for Petitioner. Alex Saxe, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On March 15, 2019, 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 the influenza (“flu”) vaccine that she received on November 10, 2010, caused her to suffer from Guillian-Barré Syndrome (“GBS”). Petition at ¶¶ IV, V.3 The case was assigned to the Special Processing Unit of the Office of Special Masters. On July 24, 2019, a ruling on entitlement was issued, finding Petitioner entitled to compensation for her GBS. On March 13, 2023, Respondent filed a proffer on award of 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). 3 The petition contains a typographical error as to the date of vaccination. Compare Petition ¶ IV with ¶ V. The medical records confirm that Petitioner received the vaccination on November 10, 2010. Exhibit 3. Case 1:19-vv-00401-UNJ Document 67 Filed 04/13/23 Page 2 of 4 compensation (“Proffer”) indicating Petitioner should be awarded $90,957.51, representing compensation in the amounts of $90,000.00 for pain and suffering and $957.51 for out-of-pocket expenses. Proffer at 1. In the Proffer, Respondent represented that Petitioner agrees with the proffered award. Id. at 2. 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 $90,957.51, representing compensation in the amounts of $90,000.00 for pain and suffering and $957.51 for unreimbursable expenses in the form of a check payable to Petitioner. This amount represents compensation for all damages that would be available under Section 15(a). The Clerk of Court is directed to enter judgment in accordance with this decision.4 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 4 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-00401-UNJ Document 67 Filed 04/13/23 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) KATY PARROTT, ) ) Petitioner, ) ) No. 19-401V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND HUMAN ) SERVICES, ) ) Respondent. ) ) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION I. Procedural History On March 15, 2019, Katy Parrott (“petitioner”) filed a petition for compensation (“petition”) under the National Childhood Vaccine Injury Act of 1986, as amended (“the Vaccine Act” or “the Act”), 42 U.S.C. §§ 300aa-1 to -34, alleging that she suffered Guillain-Barré syndrome (“GBS”) as a result of an influenza (“flu”) vaccine administered on November 10, 2010. See Petition. On July 24, 2019, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report, concluding that petitioner suffered GBS as defined by the Vaccine Injury Table, within the Table timeframe. ECF No. 10. That same day, former Chief Special Master Dorsey issued a Ruling on Entitlement, finding petitioner entitled to compensation. ECF No. 11. II. Items of Compensation Based upon the evidence of record, respondent proffers that petitioner should be awarded a lump sum of $90,957.51, for all damages, including $90,000.00 representative of pain and suffering, and $957.51 representative of out-of-pocket medical and related expenses. This Case 1:19-vv-00401-UNJ Document 67 Filed 04/13/23 Page 4 of 4 amount represents all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. III. 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 be made through a lump sum payment of $90,957.51, in the form of a check payable to petitioner.1 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 LARA A. ENGLUND Assistant Director Torts Branch, Civil Division /s/ Alec Saxe ALEC SAXE 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) 353-7722 E-mail: alec.saxe@usdoj.gov Date: March 13, 2023 1 Should petitioner die prior to entry of judgment, respondent would oppose any award for future medical expenses, future lost earnings, and future pain and suffering, and the parties reserve the right to move the Court for appropriate relief. 2