VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00675
Package ID: USCOURTS-cofc-1_19-vv-00675
Petitioner: Gena Binkley Kotch
Filed: 2019-05-07
Decided: 2025-03-31
Vaccine: influenza
Vaccination date: 2018-01-27
Condition: Guillain-Barré syndrome or peripheral neuropathy
Outcome: compensated
Award amount USD: 92500

AI-assisted case summary:
Gena Binkley Kotch filed a petition on May 7, 2019, alleging that she suffered Guillain-Barré syndrome (GBS) or peripheral neuropathy as a result of an influenza vaccine she received on January 27, 2018. She also alleged that she experienced residual effects of this injury for more than six months. The respondent denied that Petitioner sustained a GBS Table Injury, denied that the vaccine caused her alleged neuropathy or any other injury, and denied that her current condition is a sequela of a vaccine-related injury. Despite maintaining their positions, both parties agreed in a stipulation filed on February 26, 2025, that the issues could be settled and that a decision should be entered awarding Petitioner compensation. The court reviewed the file and found the stipulation to be reasonable, adopting it as its decision. The stipulation awarded a lump sum payment of $92,500.00 to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner. This amount represents compensation for all damages available under Section 15(a) of the Act. The court approved the award in the requested amount.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00675-0
Date issued/filed: 2025-03-31
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 02/27/2025) regarding 112 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (mva) Service on parties made.
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Case 1:19-vv-00675-UNJ Document 116 Filed 03/31/25 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-675V
* * * * * * * * * * * * * * * * * * * * * * * * *
*
GENA BINKLEY KOTCH, * Chief Special Master Corcoran
*
Petitioner, * Filed: February 27, 2025
*
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Robert J. Krakow, Law Office of Robert J. Krakow, New York, NY, for Petitioner.
Sarah B. Rifkin, U.S. Dep’t of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On May 7, 2019, Gena Binkley Kotch filed a petition seeking compensation under the
National Vaccine Injury Compensation Program (the “Vaccine Program”). 2 Petitioner alleges that
she suffered Guillain-Barré syndrome (“GBS”) or peripheral neuropathy as a result of an influenza
(“flu”) vaccine she received on January 27, 2018. Petition (ECF No. 1) at 1. Moreover, Petitioner
alleges that she experienced residual effects of this injury for more than six months.
Respondent denies that Petitioner sustained a GBS Table Injury, denies that the vaccine
caused Petitioner’s alleged neuropathy, or any other injury, and denies that Petitioner’s current
condition is a sequela of a vaccine-related injury. Nonetheless both parties, while maintaining their
above-stated positions, agreed in a stipulation (filed on February 26, 2025) that the issues before
1 Under Vaccine Rule 18(b), each party has fourteen (14) 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 Decision will be available to the public
in its present form. Id.
2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660,
100 Stat. 3758, codified as amended at 42 U.S.C. §§ 300aa-10 through 34 (2012) [hereinafter “Vaccine Act” or “the
Act”]. Individual section references hereafter will be to § 300aa of the Act (but will omit that statutory prefix).

Case 1:19-vv-00675-UNJ Document 116 Filed 03/31/25 Page 2 of 7
them could be settled, and that a decision should be entered awarding Petitioner compensation.
I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation
(as attached hereto) is reasonable. I therefore adopt it as my decision in awarding damages on the
terms set forth therein.
The stipulation awards:
• A lump sum payment of $92,500.00 to be paid through an ACH deposit to Petitioner’s
counsel’s IOLTA account for prompt disbursement to Petitioner.
Stipulation ¶ 8. This amount represents compensation for all damages that would be available
under Section 15(a) of the Act.
I approve a Vaccine Program award in the requested amount set forth above to be made to
Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of
the Court is directed to enter judgment herewith.3
IT IS SO ORDERED.
/s/ Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately)
a notice renouncing their right to seek review.

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