VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00402
Package ID: USCOURTS-cofc-1_19-vv-00402
Petitioner: John Gold, on behalf of the Estate of Norma Ann Gold
Filed: 2019-03-15
Decided: 2020-12-03
Vaccine: influenza
Vaccination date: 2010-12-02
Condition: Guillain-Barré Syndrome (GBS) and subsequent death
Outcome: compensated
Award amount USD: 391750

AI-assisted case summary:
John Gold, on behalf of the Estate of Norma Ann Gold, filed a petition alleging that Norma Ann Gold received an influenza vaccine on December 2, 2010, which caused her to develop Guillain-Barré Syndrome (GBS) and ultimately led to her death on March 15, 2011. The respondent initially stated that the petitioner was not entitled to an award but later amended their report, conceding that Ms. Gold suffered from a Table injury of GBS and subsequent death following the influenza vaccine. The respondent found that the timing of symptom onset was within the Table parameters and that her sequelae resulted in death. The Special Master issued a Ruling on Entitlement consistent with the respondent's concession, finding that the petitioner was entitled to compensation. The case then proceeded to the damages phase, where the parties stipulated to an award. The Special Master awarded a lump sum of $391,750.00, which included $141,750.00 for pain and suffering and the statutory death benefit of $250,000.00, payable to the estate.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00402-0
Date issued/filed: 2020-09-25
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 07/31/2020) regarding 19 Ruling on Entitlement. Signed by Special Master Herbrina Sanders. (arm) Service on parties made. (Main Document 23 replaced on 10/1/2020 to add the keywords to the pdf). (fm).
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Case 1:19-vv-00402-UNJ Document 23 Filed 09/25/20 Page 1 of 2
CORRECTED
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-402V
Filed: July 31, 2020
* * * * * * * * * * * * * * *
JOHN GOLD, on behalf of the *
Estate of NORMA ANN GOLD, *
* No. 19-402V
*
Petitioner, * Special Master Sanders
*
v. *
* Ruling on Entitlement; Influenza
SECRETARY OF HEALTH * (“Flu”) Vaccine; Guillain-Barré
AND HUMAN SERVICES, * Syndrome (“GBS”); Death.
*
Respondent. *
* * * * * * * * * * * * * * *
Daniel Pfeifer, Esq., Pfeifer, Morgan & Stesiak, Sound Bend, IN, for petitioner.
Colleen Hartley, Esq., U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Sanders, Special Master:
On March 15, 2019, John Gold (“Petitioner”), on behalf of the Estate of Norma Ann
Gold, filed a petition for compensation under the National Vaccine Injury Compensation
Program (“the Program”)2 alleging that Ms. Gold received the influenza (“flu”) vaccination on
December 2, 2010, and thereafter suffered from Guillain-Barré Syndrome (“GBS”) and other
injuries leading to her death. See Petition at 1, ECF No. 1.
1 Although this Ruling has been formally designated “unpublished,” it will nevertheless be posted on the
Court of Federal Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-
347, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). This means the
Ruling will be available to anyone with access to the internet. However, the parties may object to the
Ruling’s inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b),
each party has fourteen days within which to request redaction “of any information furnished by that
party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or
(2) that includes medical files or similar files, the disclosure of which would constitute a clearly
unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, the whole Ruling will be available to
the public. Id.
2 The Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§
300aa-10 et seq. (hereinafter “Vaccine Act” or “the Act”). Hereafter, individual section references will be
to 42 U.S.C. § 300aa of the Act.

Case 1:19-vv-00402-UNJ Document 23 Filed 09/25/20 Page 2 of 2
On January 8, 2020, Respondent filed a report pursuant to Vaccine Rule 4(c) stating that
“in the absence of a substantive medical review by the [Division of Injury Compensation
Programs] DICP and a recommendation regarding compensation – respondent’s current position
is that petitioner is not entitled to an award under the Act.” Resp’t’s Rpt. at 6, ECF No. 17.
Respondent indicated he would supplement his report as soon as medical personnel at DICP
reviewed the case. Id.
On April 27, 2020, Respondent filed his amended report pursuant to Vaccine Rule 4(c)
stating that Petitioner’s claim was appropriate for compensation. Am. Resp’t’s Rpt. at 1, ECF
No. 18. Specifically, Respondent agrees with Petitioner’s claim that Ms. Gold suffered from the
Table injury of Guillain-Barré Syndrome and subsequent death following her receipt of the
influenza vaccine. Id. Based on a review of the medical records, Respondent found that “the
timing of the onset of Ms. Gold’s symptoms occurred within 3 to 42 days, and that Ms. Gold’s
records show that the sequela of her injury resulted in her death on March 15, 2011.” Id. at 5.
Therefore, Petitioner has satisfied all legal prerequisites for compensation under the Act. Id.
A special master may determine whether a petitioner is entitled to compensation based
upon the record. A hearing is not required. §300aa-13; Vaccine Rule 8(d). In light of
Respondent’s concession and a review of the record, the I find that Petitioner is entitled to
compensation. This matter shall now proceed to the damages phase.
Any questions regarding this order may be directed to my law clerk, Alyssa Murphy, at
Alyssa_murphy@cfc.uscourts.gov
IT IS SO ORDERED.
s/Herbrina D. Sanders
Herbrina D. Sanders
Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_19-vv-00402-1
Date issued/filed: 2020-12-03
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 10/28/2020) regarding 24 DECISION Stipulation/Proffer. Signed by Special Master Herbrina Sanders. (rig) Service on parties made.
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Case 1:19-vv-00402-UNJ Document 26 Filed 12/03/20 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: October 28, 2020
* * * * * * * * * * * * * *
JOHN GOLD, on behalf of the *
Estate of NORMA ANN GOLD, *
*
Petitioner, * No. 19-402V
* Special Master Sanders
v. *
* Decision on Proffer; Damages; Influenza
SECRETARY OF HEALTH * (“Flu”) Vaccine; Guillain-Barré
AND HUMAN SERVICES, * Syndrome (“GBS”); Death.
*
Respondent. *
* * * * * * * * * * * * * *
Daniel H. Pfeifer, Pfeifer, Morgan & Stesiak, South Bend, IN, for Petitioner.
Colleen C. Hartley, United States Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On March 15, 2019, the Estate of Norma Ann Gold by its representative, John Gold,
(“Petitioner”) filed a petition for compensation pursuant to the National Vaccine Injury
Compensation Program (“Vaccine Program” or “the Program”).2 42 U.S.C. §§ 300aa-10 to -34
(2012). Petitioner alleged that the influenza vaccine Ms. Gold received on December 2, 2010,
caused her to develop Guillain-Barré Syndrome (“GBS”). Pet. at 1, ECF No. 1. Petitioner further
alleged that “Ms. Gold died as a consequence of the GBS she contracted due to the administration
of the influenza vaccine.” Id. at 11.
On April 27, 2020, Respondent filed a supplemental Rule 4(c) Report, in which he stated
that, based on the record, Petitioner “has satisfied all legal prerequisites for compensation” under
1 This decision shall be posted 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). In accordance with Vaccine
Rule 18(b), a party has 14 days to identify and move to delete medical or other information that
satisfies the criteria in § 300aa-12(d)(4)(B). Further, consistent with the rule requirement, a
motion for redaction must include a proposed redacted decision. If, upon review, the
undersigned agrees that the identified material fits within the requirements of that provision, such
material will be deleted from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub L. No. 99-660, 100 Stat. 3755.
1

Case 1:19-vv-00402-UNJ Document 26 Filed 12/03/20 Page 2 of 4
the Program. ECF No. 18 at 5. Therefore, Respondent concluded that “this case is appropriate for
compensation[.]” Id. at 1 (emphasis in original). On July 31, 2020, the undersigned issued a Ruling
on Entitlement consistent with Respondent’s Rule 4(c) Report. ECF No. 19.
On September 8, 2020, Respondent filed a Proffer on Award of Compensation (“Proffer”).
ECF No. 22. Based on the record as a whole, the undersigned finds that Petitioner is entitled to an
award as stated in the Proffer.
Pursuant to the terms stated in the Proffer, attached as Appendix A, the undersigned awards
Petitioner:
A lump sum payment of $391,750.00, consisting of pain and suffering ($141,750.00)
and the statutory death benefit ($250,000.00), which represents all elements of
compensation to which [P]etitioner would be entitled under 42 U.S.C. §§ 300aa-15(a),
in the form of a check payable to [P]etitioner as the legal representative of the Estate
of Norma Ann Gold, deceased.
Id. at 1-2.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
court SHALL ENTER JUDGMENT herewith.3
IT IS SO ORDERED.
s/Herbrina D. Sanders
Herbrina D. Sanders
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of a
notice renouncing the right to seek review.
2

Case 1:19-vv-00402-UNJ Document 26 Filed 12/03/20 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
THE ESTATE OF NORMA ANN GOLD, )
by its Personal Representative JOHN GOLD, )
)
Petitioner, ) No. 19-402V
) Special Master Sanders
v. ) ECF
)
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On March 15, 2019, the Estate of Norma Ann Gold by its Personal Representative John
Gold (“petitioner”), filed a petition for vaccine injury compensation alleging that Ms. Gold
suffered Guillain-Barre Syndrome (“GBS”) and death. On April 27, 2020, respondent conceded
that entitlement to compensation was appropriate under the terms of the Vaccine Act. ECF 18.
On July 31, 2020, Special Master Sanders issued a Ruling on Entitlement, incorporating
respondent’s concession. ECF 19. The case is now in damages.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$391,750.00, consisting of pain and suffering ($141,750.00) and the statutory death benefit
($250,000.00), which represents all elements of compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
1

Case 1:19-vv-00402-UNJ Document 26 Filed 12/03/20 Page 4 of 4
II. Form of the Award
The parties recommend that the compensation be provided to petitioner through a lump
sum payment of $391,750.00 in the form of a check payable to petitioner as the legal
representative of the Estate of Norma Ann Gold, deceased.1 Petitioner agrees.
Respectfully submitted,
JEFFREY BOSSERT CLARK
Acting Assistant Attorney General
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/ Colleen C. Hartley
COLLEEN C. HARTLEY
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Phone: (202) 616-3644
Fax: (202) 353-2988
DATED: September 8, 2020
1 John Gold has demonstrated that he is the legal representative of the Estate of Norma Ann
Gold for the purposes of 42 U.S.C. § 300aa-11(b)(1)(A). See Petitioner’s Exhibit 2.
2