VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01422
Package ID: USCOURTS-cofc-1_19-vv-01422
Petitioner: Darla Johnson
Filed: 2019-09-17
Decided: 2021-07-09
Vaccine: influenza
Vaccination date: 2016-09-23
Condition: Guillain-Barré Syndrome (GBS)
Outcome: compensated
Award amount USD: 103604

AI-assisted case summary:
Darla Johnson filed a petition for compensation under the National Vaccine Injury Compensation Program on September 17, 2019, alleging that she suffered Guillain-Barré Syndrome (GBS) as a result of an influenza vaccine administered on September 23, 2016. The case was assigned to the Special Processing Unit. Respondent filed a Rule 4(c) report conceding that Petitioner suffered from GBS and satisfied the criteria set forth in the revised Vaccine Injury Table, affording her a presumption of vaccine causation. On November 12, 2020, a ruling on entitlement was issued, finding Petitioner entitled to compensation. On June 8, 2021, Respondent filed a proffer on award of compensation, indicating Petitioner should be awarded $103,604.17, comprised of $101,000.00 for pain and suffering and $2,604.17 for out-of-pocket medical and related expenses. Petitioner agreed with the proffered award. The Chief Special Master issued a decision awarding Petitioner a lump sum payment of $103,604.17.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01422-0
Date issued/filed: 2020-12-14
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/12/2020) regarding 33 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01422-UNJ Document 36 Filed 12/14/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1422V
UNPUBLISHED
DARLA JOHNSON, Chief Special Master Corcoran
Petitioner, Filed: November 6, 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.
Nancy Routh Meyers, Turning Point Litigation, Greensboro, NC, for Petitioner.
Ida Nassar, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On September 17, 2019, Darla Johnson 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 a
result of an influenza (“flu”) vaccine administered to her on September 23, 2016. Petition at
1. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On November 6, 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 states that Petitioner “suffered from GBS, and that she has
satisfied the criteria set forth in the revised Vaccine Injury Table (Table) and the Qualifications
and Aids to Interpretation (‘QAI’), which afford her a presumption of vaccine causation if 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-01422-UNJ Document 36 Filed 12/14/20 Page 2 of 2
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 10.
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-01422-1
Date issued/filed: 2021-07-09
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 06/09/2021) regarding 43 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01422-UNJ Document 47 Filed 07/09/21 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1422V
UNPUBLISHED
DARLA JOHNSON, Chief Special Master Corcoran
Petitioner, Filed: June 9, 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.
Nancy Routh Meyers, Turning Point Litigation, Greensboro, NC, for petitioner.
Ida Nassar, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On September 17, 2019, Darla Johnson 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 from Guillain-Barre Syndrome (“GBS”)
caused by an influenza vaccine administered on September 23, 2016. Petition at 1.
Petitioner further alleges that the vaccine was administered within the United States, that
no party has ever filed a civil action or received compensation for Petitioner’s injury, and
that her condition has persisted for more than six months. Petition at 1, 5. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On November 12, 2020, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for GBS. On June 8, 2021, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $103,604.17
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-01422-UNJ Document 47 Filed 07/09/21 Page 2 of 5
comprised of $101,000.00 for pain and suffering, and $2,604.17 for out-of-pocket medical
and related expenses. Proffer at 1-2. 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.
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $103,604.17 comprised of $101,000.00 for pain and suffering, and
$2,604.17 for out-of-pocket medical and related 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-01422-UNJ Document 47 Filed 07/09/21 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
DARLA JOHNSON, )
)
Petitioner, ) No. 19-1422V ECF
)
v. ) Chief Special Master Corcoran
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
___________________________________ )
PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On September 17, 2019, Darla Johnson (“petitioner”) filed a petition for compensation
(“petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -
34, as amended. She alleges that, as a result of receiving the influenza vaccine on September 23,
2016, she suffered from Guillain-Barre Syndrome (GBS). See Petition. On November 6, 2020,
respondent filed his Vaccine Rule 4(c) report, concluding that petitioner suffered GBS as defined
by the Vaccine Injury Table, within the Table timeframe. ECF No. 32. On November 12, 2020,
Chief Special Master Corcoran issued a ruling on entitlement, finding that petitioner was entitled
to compensation for a GBS Table injury. ECF No. 33.
II. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
a lump sum of $103,604.17, for all damages, including $101,000.00 representative of pain and
1 This Proffer does not include attorneys’ fees and costs, which the parties intend to
address after the Damages Decision is issued.

Case 1:19-vv-01422-UNJ Document 47 Filed 07/09/21 Page 4 of 5
suffering, and $2,604.17 representative of out-of-pocket medical and related expenses. This
amount represents all elements of compensation to which petitioner is entitled under 42 U.S.C. §
300aa-15(a). Petitioner agrees.
III. Form of the Award
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 following: A lump sum payment of $103,604.17 in
the form of a check payable to petitioner.2 Petitioner agrees.
Respectfully submitted,
BRIAN M. BOYNTON
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Acting Deputy Director
Torts Branch, Civil Division
DARRYL R. WISHARD
Assistant Director
Torts Branch, Civil Division
2 Should petitioner die prior to entry of judgment, respondent would oppose any award
for future medical expenses, future lost earnings, and future pain and suffering, and the parties
reserve the right to move the Court for appropriate relief.
2

Case 1:19-vv-01422-UNJ Document 47 Filed 07/09/21 Page 5 of 5
s/ Ida Nassar
IDA NASSAR
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) 616-4186
E-mail: Ida.Nassar@usdoj.gov
Dated: June 8, 2021
3