VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00438
Package ID: USCOURTS-cofc-1_19-vv-00438
Petitioner: Maureen Nelson
Filed: 2019-03-25
Decided: 2025-06-02
Vaccine: influenza
Vaccination date: 2016-12-22
Condition: Guillain-Barré Syndrome (GBS)
Outcome: compensated
Award amount USD: 222122

AI-assisted case summary:
Maureen Nelson filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that an influenza vaccine administered on December 22, 2016, caused her to develop Guillain-Barré Syndrome (GBS). The respondent conceded that Ms. Nelson was entitled to compensation, agreeing that her condition met the criteria for a Table injury. Specifically, the respondent acknowledged that GBS is presumed to be caused by a seasonal flu vaccination if it occurs between three and forty-two days after administration and there is no apparent alternative cause. Based on the respondent's concession and the evidence, the court granted entitlement. Subsequently, a decision awarding damages was issued on June 2, 2025. The court awarded Ms. Nelson a total of $190,000.00 for pain and suffering, $9,254.65 to satisfy her Medicaid lien, and an additional amount to fund a Life Care Plan. The total lump sum awarded was $222,122.83, with further compensation to be provided through an annuity contract for future care expenses.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00438-0
Date issued/filed: 2020-05-12
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/07/2020) regarding 28 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00438-UNJ Document 32 Filed 05/12/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-0438V
UNPUBLISHED
MAUREEN NELSON, Chief Special Master Corcoran
Petitioner, Filed: April 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.
Robert Joel Krakow, Law Office of Robert J. Krakow, P.C. New York, NY, for petitioner.
Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On March 25, 2019, Maureen Nelson 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”) vaccination administered on December 22, 2016. Petition at
1. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On April 6, 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, it is Respondent’s position that Petitioner has satisfied the criteria set forth
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-00438-UNJ Document 32 Filed 05/12/20 Page 2 of 2
in the Vaccine Injury Table and the Qualifications and Aids to Interpretation, which
afford Petitioner a presumption of causation if the onset of GBS occurs between three
and forty-two days after a seasonal flu vaccination and there is no apparent alternative
cause. Id. at 5.
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-00438-2
Date issued/filed: 2025-06-02
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 5/8/25) regarding 142 DECISION of Special Master. Signed by Special Master Herbrina D S Young. (kis) Service on parties made.
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Case 1:19-vv-00438-UNJ Document 147 Filed 06/02/25 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: May 8, 2025
* * * * * * * * * * * * * * * *
MAUREEN NELSON, * No. 19-438V
*
Petitioner, * Special Master Young
*
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * *
Robert Joel Krakow, Law Office of Robert J. Krakow, P.C., New York, NY, for Petitioner.
Colleen Clemons Hartley, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On March 25, 2019, Maureen Nelson (“Petitioner”) filed a petition for compensation
under the National Vaccine Injury Compensation Program (“Vaccine Program” or “Program”).
42 U.S.C. § 300aa-10 to 34 (2018). Petitioner alleged that the influenza (“flu”) vaccine she
received on December 22, 2016, caused her to develop Guillain-Barré Syndrome (“GBS”), a
Table injury. Am. Pet., ECF No. 11. On April 6, 2020, Respondent filed his report pursuant to
Vaccine Rule 4(c) and “recommend[ed] that compensation be awarded.” Resp’t’s Report at 1,
ECF No. 27. Respondent specified that “[t]he scope of damages to be awarded is limited to
[P]etitioner’s GBS and its related sequelae only.” Id. at 5. On April 7, 2020, Chief Special
Master Brian H. Corcoran issued a Ruling consistent with Respondent’s concession that
Petitioner was entitled to compensation. ECF No. 28.
On April 17, 2025, I issued a Ruling on damages, awarding Petitioner a total pain and
suffering award of $190,000.00, a payment of $9,254.65 to satisfy her Medicaid lien, and an
amount sufficient to fund a Life Care Plan. Ruling Awarding Damages at 1, 18, ECF No. 139.
That Ruling is incorporated herein as if fully set forth. I also ordered the parties to file a joint
status report including a complete and final Life Care Plan reflecting all items of damages agreed
1This Decision will 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 (2018) (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), 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, I
agree that the identified material fits within the requirements of that provision, such material will be
deleted from public access.

Case 1:19-vv-00438-UNJ Document 147 Filed 06/02/25 Page 2 of 2
to as well as those awarded consistent with the Ruling, and a list of all other items of damages
agreed to by the parties. Id. at 18.
On May 6, 2025, Respondent filed a joint status report (attached hereto as Appendix A).
Joint Status Report, ECF No. 141. The parties provided a chart illustrating all life care items
agreed upon and as awarded in my Ruling. Id. at 7 (Tab A). The parties requested that
compensation be provided to Petitioner through a combination of lump sum payments and future
annuity payments. Id. at 3-5.
Therefore, based on the record as a whole, and pursuant to my damages Ruling, I find
that Petitioner is entitled to an award as ordered below:
A. A lump sum payment of $212,867.83, representing compensation for life care
expenses, including those items awarded by the Special Master referenced in
footnote one of the Joint Status Report, expected to be incurred during the first year
after judgment ($22,867.83), and pain and suffering ($190,000.00), to be paid
through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt
disbursement to Petitioner.
B. A lump sum payment of $9,254.65, representing compensation for satisfaction of the
New York State Department of Health Medicaid lien, in the form of a check payable
jointly to Petitioner and:
NEW YORK STATE DEPARTMENT OF HEALTH
P.O. Box 415874
Boston, MA 02241-5874
Recovery Case Number: 258022
Petitioner agrees to endorse this payment to the New York State Department of Health.
C. An amount sufficient to purchase an annuity contract described in Section II.C. of
the Joint Status Report.
Joint Status Report at 3–6. These amounts represent compensation for all damages that would
be available under § 300aa-15(a). The Clerk of Court is directed to enter judgment in
accordance with this decision.
IT IS SO ORDERED.
s/Herbrina D. S. Young
Herbrina D. S. Young
Special Master
2