VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00447
Package ID: USCOURTS-cofc-1_19-vv-00447
Petitioner: Susan Reifman
Filed: 2020-10-13
Decided: 2020-11-17
Vaccine: influenza
Vaccination date: 2017-10-31
Condition: Guillain-Barré Syndrome (GBS)
Outcome: compensated
Award amount USD: 176138

AI-assisted case summary:
Susan Reifman filed a petition for compensation under the National Vaccine Injury Compensation Program on March 26, 2019, alleging that she suffered Guillain-Barré Syndrome (GBS) causally related to an influenza vaccine she received on October 31, 2017. The petition stated that the vaccination occurred in the United States, that she suffered residual effects of GBS for more than six months, and that neither she nor any other party had filed a civil action or received compensation for her alleged vaccine-caused GBS. The case was assigned to the Special Processing Unit. On October 13, 2020, the Respondent filed a Rule 4(c) report conceding that Ms. Reifman was entitled to compensation. The Respondent indicated that Ms. Reifman satisfied the criteria set forth in the Vaccine Injury Table for GBS following a seasonal flu vaccination, which affords a presumption of causation if GBS onset occurs between three and forty-two days after the vaccination. Based on the Respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on October 13, 2020, finding Ms. Reifman entitled to compensation. Subsequently, on October 16, 2020, the Respondent filed a Proffer on Award of Compensation. The parties agreed that Ms. Reifman should be awarded $176,138.13, representing $170,000.00 for actual and projected pain and suffering and $6,138.13 for past unreimbursable expenses. The public decision does not describe the specific onset date or symptoms of Ms. Reifman's GBS, nor does it name any medical experts or detail the specific mechanism of causation beyond the Table presumption. Chief Special Master Brian H. Corcoran issued a Decision Awarding Damages on November 17, 2020, awarding Ms. Reifman a lump sum payment of $176,138.13, payable by check to Ms. Reifman, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Petitioner's counsel was Anne Carrion Toale of Maglio Christopher & Toale, PA, and Respondent's counsel was Camille Michelle Collett of the U.S. Department of Justice.

Theory of causation field:
Petitioner Susan Reifman alleged Guillain-Barré Syndrome (GBS) causally related to an influenza vaccine received on October 31, 2017. Respondent conceded entitlement, agreeing that Petitioner met the criteria of the Vaccine Injury Table for GBS following a seasonal flu vaccination, which provides a presumption of causation if onset occurs between three and forty-two days post-vaccination. The public text does not specify the onset date, symptoms, medical experts, or the precise mechanism of causation beyond the Table presumption. The case resulted in a compensated outcome. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on October 13, 2020, and a Decision Awarding Damages on November 17, 2020. The award was a lump sum of $176,138.13, comprising $170,000.00 for pain and suffering and $6,138.13 for past unreimbursable expenses. Petitioner was represented by Anne Carrion Toale, and Respondent by Camille Michelle Collett.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_19-vv-00447-0
Date issued/filed: 2020-11-16
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/13/2020) regarding 35 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:19-vv-00447-UNJ Document 42 Filed 11/16/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-0447V
UNPUBLISHED
SUSAN REIFMAN, Chief Special Master Corcoran
Petitioner, Filed: October 13, 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.
Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On March 26, 2019, Susan Reifman 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)
causally related to the influenza vaccine she received on October 31, 2017. Petition at ¶¶
1, 4, 17. Petitioner further alleges that she received the vaccination in the United States,
that she suffered the residual effects of her GBS for more than six months and that neither
she nor any other party has filed a civil action or received compensation for her GBS,
alleged as vaccine caused. Id. at ¶¶ 1, 18, 21-22. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
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-00447-UNJ Document 42 Filed 11/16/20 Page 2 of 2
On October 13, 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 indicates “[i]t is [his] position that [P]etitioner has satisfied the
criteria set forth in the recently revised Vaccine Injury Table (Table) and the Qualifications
and Aids to Interpretation (QAI), which afford [P]etitioner a presumption of causation if
the onset of GBS occurs between three and forty-two days after a seasonal flu
vaccination.” Id. at 6.
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-00447-1
Date issued/filed: 2020-11-17
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 10/16/2020) regarding 38 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:19-vv-00447-UNJ Document 43 Filed 11/17/20 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-0447V
UNPUBLISHED
SUSAN REIFMAN, Chief Special Master Corcoran
Petitioner, Filed: October 16, 2020
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Influenza (Flu) Vaccine; Guillain-
Barre Syndrome (GBS)
Respondent.
Anne Carrion Toale, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner.
Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On March 26, 2019, Susan Reifman 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 alleged that she suffered Guillain-Barré Syndrome (GBS)
causally related to the influenza vaccine she received on October 31, 2017. Petition at ¶¶
1, 4, 17. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On October 13, 2020, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for her GBS. On October 16, 2020, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $176,138.13,
representing compensation in the amount of $170,000.00 for her actual and projected
pain and suffering and $6,138.13 for her past unreimburseable expenses. Proffer at 1. In
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-00447-UNJ Document 43 Filed 11/17/20 Page 2 of 4
the Proffer, Respondent represented that Petitioner agrees with the proffered award. Id.
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 $176,138.13, representing compensation in the amount of
$170,000.00 for her actual and projected pain and suffering and $6,138.13 for her
actual unreimburseable 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/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-00447-UNJ Document 43 Filed 11/17/20 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
SUSAN REIFMAN, )
)
Petitioner, )
) No. 19-447V
v. ) Chief Special Master Corcoran
)
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine-Related Items:
On October 13, 2020, respondent conceded that entitlement to compensation was
appropriate under the terms of the Vaccine Act. On the same day, Chief Special Master
Corcoran issued a Ruling on Entitlement, finding that petitioner was entitled to vaccine
compensation for Guillain-Barré Syndrome as a result of an influenza vaccination. Respondent
proffers that based on the evidence of record, petitioner, Susan Reifman, should be awarded
$176,138.13, which amount represents $170,000.00 in actual and projected pain and suffering,
and $6,138.13 for past unreimbursable expenses.1 This amount represents all elements of
compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner
agrees.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
1 This amount reflects that any award for projected life care expenses or projected pain and
suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(f)(4)(A).
1

Case 1:19-vv-00447-UNJ Document 43 Filed 11/17/20 Page 4 of 4
through a lump sum payment as described below, and request that the Chief Special Master’s
decision and the Court’s judgment award the following:2
A. A lump sum payment of $176,138.13, in the form of a check payable to petitioner,
Susan Reifman. This amount accounts for all elements of compensation under 42 U.S.C.
§ 300aa-15(a) to which petitioner would be entitled.
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
DARRYL R. WISHARD
Assistant Director
Torts Branch, Civil Division
s/Camille M. Collett______
Camille M. Collett
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Date: October 16, 2020 Tel: (202) 616-4098
2 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court
for appropriate relief. In particular, respondent would oppose any award for future medical
expenses, future lost earnings, and future pain and suffering.
2