VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01111
Package ID: USCOURTS-cofc-1_19-vv-01111
Petitioner: Deborah Kelley
Filed: 2019-07-31
Decided: 2022-04-11
Vaccine: influenza
Vaccination date: 2018-10-23
Condition: Guillain-Barré syndrome
Outcome: compensated
Award amount USD: 80000

AI-assisted case summary:
Deborah Kelley filed a petition on July 31, 2019, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered from Guillain-Barré syndrome (GBS), a Table injury, as a result of an influenza vaccination she received on October 23, 2018. Respondent denied that Ms. Kelley suffered a Table injury of GBS, denied that the flu vaccine caused her alleged GBS or any other injury, and denied that her alleged injury was a sequela of a vaccine-related injury. Despite these denials, both parties agreed to settle the case. They stipulated that the issues could be resolved and that a decision should be entered awarding Petitioner compensation. The stipulation awarded Ms. Kelley a lump sum of $80,000.00. This award represents compensation for all damages available under the Vaccine Program. The Special Master reviewed the file and found the stipulation to be reasonable, adopting it as the decision and awarding the requested damages.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01111-0
Date issued/filed: 2021-03-10
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/25/2021) regarding 29 Findings of Fact & Conclusions of Law Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01111-UNJ Document 34 Filed 03/10/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1111V
UNPUBLISHED
DEBORAH KELLEY, Chief Special Master Corcoran
Petitioner, Filed: January 25, 2021
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Influenza (Flu) Vaccine; Guillain-
HUMAN SERVICES, Barré Syndrome (GBS)
Respondent.
Jessica Leigh Powell, Burg Simpson Eldredge Hersh & Jardine, Cincinnati, OH, for
Petitioner.
Laurie Wiesner, U.S. Department of Justice, Washington, DC, for Respondent.
FINDINGS OF FACT AND CONCLUSIONS OF LAW ON TABLE CLAIM1
On July 31, 2019, Deborah Kelley 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 a Table claim for Guillain-Barré syndrome (“GBS”), and
in the alternative has asserted a cause-in-fact claim for GBS as her injury, as a result of
her receipt of an influenza (“flu”) vaccination on October 23, 2018. Petition at 3, ECF No.
1. The case was assigned to the Special Processing Unit of the Office of Special Masters
(the “SPU”).
1 Because this unpublished fact 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 fact 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:19-vv-01111-UNJ Document 34 Filed 03/10/21 Page 2 of 2
After the case’s initiation, Respondent filed his counsel’s informal assessment of
this case on April 13, 2020, pursuant to my Order, and identified several issues that he
maintained precluded the informal resolution of this case in SPU. Most significantly,
Respondent argued that Petitioner could not establish that she met the requirements for
a flu-GBS Table claim because she reported the onset of her symptoms had occurred the
day after her vaccination - significantly shorter than the 3 – 42 day period for GBS onset
prescribed by the Table. ECF No. 17 at 2.3
On July 28, 2020, I ordered Petitioner to show cause why her Table claim should
not be dismissed. ECF No. 21. Petitioner filed a response on November 5, 2020, wherein
she agreed that the evidence does not support a table claim. ECF No. 25.4 Specifically,
Petitioner stated that her first symptoms of GBS “appeared approximately 41-42 hours
after the administration of the flu vaccine,” or just under two days post-vaccination. Id. at
4. Petitioner nevertheless argued that this case should not be dismissed, and requested
that she be allowed to amend her petitioner to allege a non-table claim. Id. at 12.
To receive compensation under the Program, petitioner must prove either 1) that
she suffered a “Table Injury” – i.e., an injury falling within the Vaccine Injury Table –
corresponding to one of her vaccinations, or 2) that she suffered an injury that was
actually caused by a vaccine. See §§ 13(a)(1)(A) and 11(c)(1). Examination of the record,
however, does not disclose that Petitioner suffered a “Table Injury,” because the onset
requirement cannot be met, as Petitioner concedes. 42 C.F.R. § 100.3(a)(XIV)(D). That
style of claim therefore is not tenable – although Petitioner may be able to show that a
short onset was still medically acceptable, under a causation-in-fact theory.
Accordingly,
• Petitioner’s Table Claim for GBS is dismissed.
• Petitioner may file an amended petition alleging a causation-in-fact claim
by no later than February 8, 2021. I shall thereafter set a status conference
to discuss next steps with the parties.
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 Respondent also argued that Petitioner’s records do not show her symptoms persisted for six months
following her vaccination.
4 Petitioner also filed an expert report and accompanying journal articles. ECF No. 27.
2

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DOCUMENT 2: USCOURTS-cofc-1_19-vv-01111-1
Date issued/filed: 2022-04-11
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 3/8/2022) regarding 55 DECISION of Special Master - Stipulation. Signed by Special Master Katherine E. Oler. (sl) Service on parties made.
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Case 1:19-vv-01111-UNJ Document 59 Filed 04/11/22 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1111V
(not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * *
*
*
DEBORAH KELLEY,
*
* Filed: March 8, 2022
Petitioner, *
*
*
v. * Decision by Stipulation; Damages;
* Influenza (“Flu”) Vaccine; Guillain-Barré
SECRETARY OF HEALTH AND * syndrome.
HUMAN SERVICES, *
*
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * *
Jessica Powell, Burg Simpson Eldredge Hersh & Jardine, Cincinnati, OH, for Petitioner
Felicia Langel, U.S. Department of Justice, Washington, DC, for Respondent
DECISION ON JOINT STIPULATION1
On July 31, 2019, Deborah Kelley (“Petitioner”) filed a petition, seeking compensation
under the National Vaccine Injury Compensation Program (“the Vaccine Program”).2 Pet., ECF
No. 1. Petitioner alleges she suffered from a Table injury of Guillain-Barré syndrome as a result
of the influenza (“flu”) vaccination she received on October 23, 2018. See Stipulation ¶ 2, 4, dated
March 8, 2022 (ECF No. 54); see also Petition.
Respondent denies “that petitioner suffered a Table injury of GBS after a flu vaccine,
1 Although this Decision has been formally designated “not to be published,” it will nevertheless be posted
on the Court of Federal Claims’ website in accordance with the E-Government Act of 2002, 44 U.S.C. §
3501 (2012). This means the Decision will be available to anyone with access to the internet. As
provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the Decision’s inclusion of
certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen
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 Decision in its present form will be available. Id.
2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L.
No. 99-660, 100 Stat. 3755 (codified as amended at 42 U.S.C. §§ 300aa-10–34 (2012)) (hereinafter
“Vaccine Act” or “the Act”). All subsequent references to sections of the Vaccine Act shall be to the
pertinent subparagraph of 42 U.S.C. § 300aa.

Case 1:19-vv-01111-UNJ Document 59 Filed 04/11/22 Page 2 of 7
denies that the flu vaccine caused petitioner’s alleged GBS or any other injury or condition, and
denies that petitioner’s alleged injury or condition is a sequela of a vaccine-related injury.” See
Stipulation ¶ 6. Nonetheless, both parties, while maintaining their above-stated positions, agreed
in a stipulation filed March 8, 2022 that the issues before them can 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
is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth
therein.
The stipulation awards:
a lump sum of $80,000.00 in the form of a check payable to petitioner.
Stipulation ¶ 8. This award represents compensation for all damages that would be available under
42 U.S.C. § 300aa-15(a).
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/ Katherine E. Oler
Katherine E. Oler
Special Master
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly filing notice
renouncing their right to seek review.

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