VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00525 Package ID: USCOURTS-cofc-1_19-vv-00525 Petitioner: Betty Darlene Craft Filed: 2021-01-05 Decided: 2021-02-23 Vaccine: influenza Vaccination date: 2017-10-05 Condition: Guillain-Barré Syndrome (GBS) Outcome: compensated Award amount USD: 263538 AI-assisted case summary: Betty Darlene Craft filed a petition for compensation under the National Vaccine Injury Compensation Program on January 5, 2021, alleging that she received an influenza vaccination on October 5, 2017, and subsequently developed Guillain-Barré Syndrome (GBS). The respondent conceded that Ms. Craft is entitled to compensation, agreeing that her case met the criteria for a Table injury, specifically that GBS onset occurred between three and forty-two days after the flu vaccination with no apparent alternative cause, and that the six-month sequelae requirement was satisfied. A ruling on entitlement was issued on January 4, 2021, finding Ms. Craft entitled to compensation. Subsequently, on February 23, 2021, a decision awarding damages was issued. The respondent proffered an award of $263,538.00, which included $200,000.00 for pain and suffering and $63,538.00 for past and future unreimbursable expenses, and Ms. Craft agreed with this amount. The court awarded Ms. Craft the stipulated lump sum of $263,538.00. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00525-0 Date issued/filed: 2021-02-10 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 01/05/2021) regarding 32 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00525-UNJ Document 37 Filed 02/10/21 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-0525V UNPUBLISHED BETTY DARLENE CRAFT, Chief Special Master Corcoran Petitioner, Filed: January 5, 2021 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on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. William E. Cochran, Jr., Black McLaren Jones Ryland & Griffee, P.C., Memphis, TN , for petitioner. Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 On April 10, 2019, Betty Darlene Craft 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 received an influenza (“flu”) vaccination on October 5, 2017, and thereafter suffered from Guillain-Barré Syndrome (GBS). Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On January 4, 2021, 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-00525-UNJ Document 37 Filed 02/10/21 Page 2 of 2 in the revised Vaccine Injury Table and the Qualifications and Aids to Interpretation, which afford a 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 4. Respondent further agrees that the statutory six-month sequelae requirement has been satisfied. Id. 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-00525-1 Date issued/filed: 2021-02-23 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 01/05/2021) regarding 33 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00525-UNJ Document 38 Filed 02/23/21 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-0525V UNPUBLISHED BETTY DARLENE CRAFT, Chief Special Master Corcoran Petitioner, Filed: January 5, 2021 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Damages Decision Based on Proffer; HUMAN SERVICES, Influenza (Flu) Vaccine; Guillain- Barre Syndrome (GBS) Respondent. William E. Cochran, Jr., Black McLaren Jones Ryland & Griffee, P.C., Memphis, TN , for petitioner. Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 On April 10, 2019, Betty Darlene Craft 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 received an influenza (“flu”) vaccination on October 15, 2017 and thereafter suffered from Guillain-Barré Syndrome. Petition at 1. Petitioner further alleges that the onset of GBS occurred between three and forty-two days after vaccination, there is no other apparent alternative cause for her GBS, and that she suffered GBS-related symptoms for at least six months. Petition at 2, 5. The case was assigned to the Special Processing Unit of the Office of Special Masters. On January 4, 2021, Respondent filed his Rule 4(c) Report and Proffer of Compensation. ECF 31. Therefore, on January 5, 2021, a ruling on entitlement was 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-00525-UNJ Document 38 Filed 02/23/21 Page 2 of 2 issued, finding Petitioner entitled to compensation for GBS. In the Proffer, Respondent indicated that Petitioner should be awarded $263,538.00. Proffer at 1. Of this total amount, $200,000.00 represents an award for actual and projected pain and suffering at net present value, and $63,538.00 represents an award for past unreimbursed and projected future unreimbursable expenses at net present value. Id. at 4. In 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. Accordingly, I award Petitioner a lump sum payment of $263,538.00 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