VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00995 Package ID: USCOURTS-cofc-1_19-vv-00995 Petitioner: Christine Larsen Filed: 2020-08-31 Decided: 2023-03-15 Vaccine: influenza Vaccination date: 2018-10-24 Condition: Guillain-Barre Syndrome Outcome: compensated Award amount USD: 400000 AI-assisted case summary: Christine Larsen filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine she received on October 24, 2018. The case was assigned to the Special Processing Unit. Initially, the respondent conceded that Ms. Larsen was entitled to compensation, agreeing that her condition met the criteria set forth in the Vaccine Injury Table. Based on this concession and the available evidence, a ruling on entitlement was issued on August 31, 2020, finding her eligible for compensation. Subsequently, the parties filed a joint stipulation on damages. Although the respondent had filed an amended report recommending denial based on later medical records, they agreed to settle the case. The stipulation stated that the parties agreed to award compensation as described in paragraph 7 of the stipulation. The court adopted the stipulation as its decision, awarding a lump sum of $400,000.00 payable to Ms. Larsen, and an additional amount sufficient to purchase an annuity contract. This award represents compensation for all items of damages available under Section 15(a) of the Vaccine Act. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00995-0 Date issued/filed: 2020-10-01 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 08/31/2020) regarding 40 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00995-UNJ Document 42 Filed 10/01/20 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-0995V UNPUBLISHED CHRISTINE LARSEN, Chief Special Master Corcoran Petitioner, Filed: August 31, 2020 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on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. Paul G. Krentz, Kinnally Flaherty Krentz Loran Hodge & Masur, Aurora, IL, for petitioner. Ida Nassar, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 On July 11, 2019, Christine Larsen 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-Barre Syndrome as a result of an influenza vaccine received on October 24, 2018. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On August 28, 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 “has satisfied the criteria set forth in the 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-00995-UNJ Document 42 Filed 10/01/20 Page 2 of 2 Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation (“QAI”). Id. at 7. 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-00995-1 Date issued/filed: 2023-03-15 Pages: 9 Docket text: PUBLIC DECISION (Originally filed: 02/13/2023) regarding 97 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00995-UNJ Document 101 Filed 03/15/23 Page 1 of 9 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-0995V UNPUBLISHED CHRISTINE LARSEN, Chief Special Master Corcoran Petitioner, Filed: February 13, 2023 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on Damages; Influenza HUMAN SERVICES, (Flu) Vaccine; Guillain-Barre Syndrome (GBS) Respondent. Paul G. Krentz, Kinnally Flaherty Krentz Loran Hodge & Masur, Aurora, IL, for Petitioner. Zoe Wade, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On July 11, 2019, Christine Larsen 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-Barre Syndrome (“GBS”) as a result of an influenza vaccine received on October 24, 2018. Petition at 1; Stipulation, filed February 13, 2023, at ¶¶ 2-4. Petitioner further alleges the vaccine was administered in the United States, she suffered the sequela of her injury for more than six months, and there has been no prior award or settlement of a civil action for damages on her behalf as a result of her condition. Petition at ¶¶ 2, 46-48; Stipulation at ¶¶ 3, 5. The stipulation states: 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Case 1:19-vv-00995-UNJ Document 101 Filed 03/15/23 Page 2 of 9 On August 28, 2020, respondent filed a Rule 4(c) Report recommending compensation based on the medical records available at that time, which supported a diagnosis of Guillain Barre Syndrome (“GBS”). ECF No. 29. On August 31, 2020, the Chief Special Master issued a ruling on entitlement, finding petitioner was entitled to compensation for a GBS Table injury. ECF No. 40. Based on a review of medical records filed subsequent to the Chief Special Master’s ruling on entitlement, on February 28, 2022, respondent filed his amended Rule 4(c) Report recommending that compensation be denied. ECF No. 71. Respondent continues to maintain this contrary position but will not seek review of the Chief Special Master’s ruling on entitlement upon its memorialization as a reviewable decision. Stipulation at ¶ 4. Nevertheless, on February 13, 2023, the parties filed the attached joint stipulation, stating, “[t]he parties now agree that the issues between them shall be settled and that a decision should be entered awarding the compensation described in paragraph 7 of this Stipulation.” Stipulation at ¶ 6. I find the stipulation reasonable and adopt it as my decision awarding damages, on the terms set forth therein. Pursuant to the terms stated in the attached Stipulation, I award the following compensation: • A lump sum of $400,000.00 in the form of a check payable to Petitioner; and • An amount sufficient to purchase the annuity contract described in paragraph 9 of the stipulation, paid to the life insurance company from which the annuity will be purchased. Stipulation at ¶ 7. These amounts represents compensation for all items of damages that would be available under Section 15(a). Id. I approve the requested amount for Petitioner’s compensation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of 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-00995-UNJ Document 101 Filed 03/15/23 Page 3 of 9 Case 1:19-vv-00995-UNJ Document 101 Filed 03/15/23 Page 4 of 9 Case 1:19-vv-00995-UNJ Document 101 Filed 03/15/23 Page 5 of 9 Case 1:19-vv-00995-UNJ Document 101 Filed 03/15/23 Page 6 of 9 Case 1:19-vv-00995-UNJ Document 101 Filed 03/15/23 Page 7 of 9 Case 1:19-vv-00995-UNJ Document 101 Filed 03/15/23 Page 8 of 9 Case 1:19-vv-00995-UNJ Document 101 Filed 03/15/23 Page 9 of 9