VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00866
Package ID: USCOURTS-cofc-1_19-vv-00866
Petitioner: Tammee Hinton
Filed: 2019-06-12
Decided: 2020-10-20
Vaccine: influenza
Vaccination date: 2016-10-01
Condition: Guillain-Barre syndrome (GBS)
Outcome: compensated
Award amount USD: 149410

AI-assisted case summary:
Tammee Hinton filed a petition for compensation under the National Vaccine Injury Compensation Program on June 12, 2019. She alleged that she developed Guillain-Barré Syndrome (GBS) as a result of an influenza vaccination she received on October 1, 2016. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on May 13, 2020, conceding that Ms. Hinton was entitled to compensation. The respondent agreed that Ms. Hinton suffered from GBS and met the criteria set forth in the Vaccine Injury Table, which afforded her a presumption of vaccine causation. This presumption applies when the onset of GBS occurs between three and forty-two days after a seasonal flu vaccination, with no more likely alternative diagnosis and no apparent alternative cause. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on May 14, 2020, finding Ms. Hinton entitled to compensation. Subsequently, on September 18, 2020, the parties filed a proffer on the award of compensation. The respondent proposed an award of $149,410.61, which included $142,000.00 for pain and suffering and $7,410.61 for past unreimbursable expenses. Ms. Hinton agreed with this proffered award. Chief Special Master Corcoran issued a Decision Awarding Damages on October 20, 2020, adopting the terms of the proffer. Ms. Hinton, a competent adult, was awarded a lump sum payment of $149,410.61, payable to her. Petitioner was represented by Alison H. Haskins of Maglio Christopher & Toale, PA, and respondent was represented by Kimberly Shubert Davey of the U.S. Department of Justice. The decision was made by Chief Special Master Brian H. Corcoran.

Theory of causation field:
Petitioner Tammee Hinton alleged that she developed Guillain-Barré Syndrome (GBS) as a result of an influenza vaccination received on October 1, 2016. The respondent conceded entitlement, agreeing that Petitioner suffered from GBS and met the criteria in the Vaccine Injury Table for a presumption of causation. This presumption applies when GBS onset occurs between three and forty-two days after a seasonal flu vaccination, with no more likely alternative diagnosis and no apparent alternative cause. The public decision does not describe the specific onset date, symptoms, medical tests, treatments, or expert witnesses. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on May 14, 2020, finding Petitioner entitled to compensation. A subsequent Decision Awarding Damages on October 20, 2020, awarded Petitioner a lump sum of $149,410.61, consisting of $142,000.00 for pain and suffering and $7,410.61 for past unreimbursable expenses. Petitioner was represented by Alison H. Haskins, and respondent by Kimberly Shubert Davey.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00866-0
Date issued/filed: 2020-06-15
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 05/14/2020) regarding 22 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00866-UNJ Document 25 Filed 06/15/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-866V
UNPUBLISHED
TAMMEE HINTON, Chief Special Master Corcoran
Petitioner, Filed: May 14, 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.
Alison H. Haskins, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner.
Kimberly Shubert Davey, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On June 12, 2019, Tammee Hinton 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 developed Guillain Barre syndrome (“GBS”)
as the result of an adverse reaction to an October 1, 2016 influenza vaccination.
Petition at 4-5. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On May 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 agrees that Petitioner suffered from GBS, and that she
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-00866-UNJ Document 25 Filed 06/15/20 Page 2 of 2
has satisfied the criteria set forth in the revised Vaccine Injury Table and the
Qualifications and Aids to Interpretation which afford her a presumption of vaccine
causation if the onset of GBS occurs between three and forty-two days after a seasonal
flu vaccination and there is no more likely alternative diagnosis and no apparent
alternative cause. Id. at 9.
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-00866-1
Date issued/filed: 2020-10-20
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 09/18/2020) regarding 31 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00866-UNJ Document 41 Filed 10/20/20 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-0866V
UNPUBLISHED
TAMMEE HINTON, Chief Special Master Corcoran
Petitioner, Filed: September 18, 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.
Alison H. Haskins, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner.
Kimberly Shubert Davey, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On June 12, 2019, Tammee Hinton 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
the result of an adverse reaction to an October 1, 2016 influenza vaccination. Petition at
4-5. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On May 15, 2020, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for her GBS. On September 18, 2020, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $149,410.61,
representing $142,000.00 for her actual pain and suffering and $7,410.61 for her past
unreimburseable expenses. Proffer at 1-2. In the Proffer, Respondent represented that
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-00866-UNJ Document 41 Filed 10/20/20 Page 2 of 5
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 $149,410.61, representing $142,000.00 for her actual pain and
suffering and $7,410.61 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-00866-UNJ Document 41 Filed 10/20/20 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
TAMMEE HINTON,
Petitioner, No. 19-0866
Chief Special Master Corcoran
v. ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On June 10, 2019, Tammee Hinton (petitioner) filed a petition for compensation under
the National Childhood Vaccine Injury Act of 1986, as amended (“the Vaccine Act” or “the
Act”), 42 U.S.C. §§ 300aa-1 to -34. Petitioner alleged that she suffered Guillain-Barré
syndrome (“GBS”) as a result of an influenza (“flu”) vaccine administered to her on October 1,
2016. Petition at 1. On May 13, 2020, the Secretary of Health and Human Services
(“respondent”) filed a Rule 4(c) Report recommending that compensation be awarded, and the
Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation
the following day. ECF No. 21; ECF No. 22.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $142,000.00 in actual pain and
suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents her expenditure for past unreimbursable
expenses related to her vaccine-related injury. Respondent proffers that petitioner should be

Case 1:19-vv-00866-UNJ Document 41 Filed 10/20/20 Page 4 of 5
awarded past unreimbursable expenses in the amount of $7,410.61, as provided under the
Vaccine Act, 42 U.S.C. § 300aa-15(a)(1)(B). Petitioner agrees.
II. Form of the Award
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respondent recommends that the compensation provided to petitioner should be made through a
lump sum payment as described below and requests that the Chief Special Master’s decision and
the Court’s judgment award the following1: a lump sum payment of $149,410.61, representing
compensation for actual pain and suffering ($142,000.00), and past unreimbursable expenses
($7,410.61), in the form of a check payable to petitioner, Tammee Hinton.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Tammee Hinton: $ 149,410.61
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
1 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 lost earnings
and future pain and suffering.
2

Case 1:19-vv-00866-UNJ Document 41 Filed 10/20/20 Page 5 of 5
/s/ Kimberly S. Davey
KIMBERLY S. DAVEY
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 307-1815
Kimberly.Davey@usdoj.gov
DATED: September 18, 2020
3