VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01476
Package ID: USCOURTS-cofc-1_19-vv-01476
Petitioner: Deborah N. Coleman
Filed: 2020-05-19
Decided: 2021-08-03
Vaccine: influenza
Vaccination date: 2016-10-14
Condition: Guillain-Barré syndrome
Outcome: entitlement_granted_pending_damages
Award amount USD: 

AI-assisted case summary:
On May 19, 2020, Deborah N. Coleman filed a petition for compensation in the National Vaccine Injury Compensation Program. Ms. Coleman alleged that she developed Guillain-Barré syndrome (GBS) as a result of receiving an influenza vaccination on October 14, 2016. The respondent filed a report on July 7, 2021, stating that Ms. Coleman met the criteria set forth in the Vaccine Injury Table and Qualifications and Aids to Interpretation. These criteria provide a presumption of causation for GBS following a seasonal flu vaccination within a specific timeframe, provided there is no apparent alternative cause. The respondent also indicated that Ms. Coleman's injury was sufficiently severe, with residual effects lasting more than six months after the vaccination. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or expert witnesses. Based on the respondent's recommendation and a review of the record, Special Master Thomas L. Gowen ruled that Ms. Coleman is entitled to compensation. The case was then to proceed to the damages phase. Elizabeth M. Muldowney represented the petitioner, and Nancy Tinch represented the respondent. The ruling was issued on August 3, 2021.

Theory of causation field:
Petitioner Deborah N. Coleman received an influenza vaccination on October 14, 2016, and subsequently developed Guillain-Barré syndrome (GBS). The petition was filed on May 19, 2020. Respondent's report, filed July 7, 2021, averred that petitioner met the criteria in the Vaccine Injury Table and Qualifications and Aids to Interpretation, affording a presumption of causation for GBS following a seasonal flu vaccination within three to forty-two days, absent an apparent alternative cause. Petitioner's injury was deemed sufficiently severe, with residual effects lasting more than six months. Special Master Thomas L. Gowen ruled on August 3, 2021, that petitioner is entitled to compensation, and the case proceeded to the damages phase. The public decision does not detail the specific mechanism of causation, expert testimony, or alternative causes considered. Petitioner counsel was Elizabeth M. Muldowney, and respondent counsel was Nancy Tinch.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01476-0
Date issued/filed: 2021-08-03
Pages: 2
Docket text: PUBLIC RULING (Originally filed: 7/7/2021) regarding 34 Ruling on Entitlement. Signed by Special Master Thomas L. Gowen. (hs) Service on parties made.
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Case 1:19-vv-01476-UNJ Document 35 Filed 08/03/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: July 7, 2021
* * * * * * * * * * * * *
DEBORAH N. COLEMAN, * UNPUBLISHED
*
Petitioner, * No. 19-1476V
*
v. * Special Master Gowen
*
SECRETARY OF HEALTH * Ruling on Entitlement; Uncontested;
AND HUMAN SERVICES, * Influenza (Flu); Guillain-Barré
* syndrome (GBS).
Respondent. *
* * * * * * * * * * * * *
Elizabeth M. Muldowney, Sands Anderson, PC, Richmond, VA, for petitioner.
Nancy Tinch, United States Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On May 19, 2020, Deborah N. Coleman (“petitioner”) filed a petition for compensation
(“Petition”) in the National Vaccine Injury Compensation Program (“the Program”).2 Petitioner
alleges that she suffered Guillain-Barré syndrome (“GBS”) as a result of receiving an influenza
(“flu”) vaccination on October 14, 2016. Petition (ECF No. 1) at 1.
On July 7, 2021, respondent filed a report pursuant to Vaccine Rule 4(c), in which
respondent avers that petitioner has satisfied the criteria set forth in the Vaccine Injury Table
(“the Table”) and the Qualifications and Aids to Interpretation (“QAI”) which afford petitioner a
presumption of causation if the onset of GBS occurs between three and forty-two days after a
seasonal flu vaccination and there is no apparent alternative cause. Respondent’s Report (“Resp.
Rp’t”) (ECF No. 33) at 5 (citing 42 C.F.R. §§ 100.3(a)(XIV)(D), (c)(15)). While not expressly
1
Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this unpublished opinion
contains a reasoned explanation for the action in this case, I intend to post it on the website of the United
States Court of Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7.
Before the opinion is posted on the court’s website, each party has 14 days to file a motion requesting 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). “An objecting party must provide the
court with a proposed redacted version” of the opinion. Id. If neither party files a motion for redaction within 14
days, the opinion will be posted on the court’s website without any changes. Id.
2 The Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-10 et seq.
(hereinafter “Vaccine Act” or “the Act”). Hereafter, individual section references will be to 42 U.S.C. § 300aa of the
Act.

Case 1:19-vv-01476-UNJ Document 35 Filed 08/03/21 Page 2 of 2
stated by respondent, the record demonstrates that petitioner’s claim was timely filed, she is
eligible for compensation, and her injury is sufficiently severe because she suffered residual
effects and/or complications of her GBS for more than six months after the administration of the
vaccine.
A special master may determine whether a petitioner is entitled to compensation based
upon the record. A hearing is not required. § 13; Vaccine Rule 8(d). In light of respondent’s
recommendation and my own review of the record, petitioner is entitled to compensation. This
matter shall now proceed to the damages phase.
IT IS SO ORDERED.
s/Thomas L. Gowen
Thomas L. Gowen
Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_19-vv-01476-1
Date issued/filed: 2023-05-03
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 4/12/2023) regarding 78 DECISION on Damages - Proffer Signed by Special Master Thomas L. Gowen. (slw) Service on parties made.
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Case 1:19-vv-01476-UNJ Document 82 Filed 05/03/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: April 12, 2023
* * * * * * * * * * * * *
DEBORAH N. COLEMAN, *
*
Petitioner, * No. 19-1476V
*
v. * Special Master Gowen
*
SECRETARY OF HEALTH * Damages; Influenza (“Flu”);
AND HUMAN SERVICES, * Guillain-Barré syndrome (“GBS”);
* Proffer.
Respondent. *
* * * * * * * * * * * * *
Elizabeth Martin Muldowney, Sands Anderson PC, Richmond, VA, for petitioner.
Nancy Tinch, U.S. Dept. of Justice, Washington, D.C., for respondent.
DECISION ON DAMAGES1
On September 25, 2019, Deborah N. Coleman (“petitioner”) filed a petition in the
National Vaccine Injury Compensation Program.2 Petition (ECF No. 1). Petitioner alleged that
as a result of receiving the influenza (“Flu”) vaccine on October 14, 2016, she suffered Guillain-
Barré syndrome (“GBS”). Id. On July 7, 2021, the undersigned issued a Ruling on Entitlement,
finding that petitioner was entitled to compensation. Ruling on Entitlement (ECF No. 34).
On April 12, 2023, the respondent filed a Proffer of Award of Compensation, which
indicates petitioner’s agreement to compensation in the terms set forth therein. Proffer (ECF No.
77). The proffer is attached hereto as Appendix A.
1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this opinion contains a
reasoned explanation for the action in this case, I intend to post it on the website of the United States Court of
Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. Before the opinion is
posted on the court’s website, each party has 14 days to file a motion requesting 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). An objecting party must provide the court with a proposed
redacted version of the opinion. Id. If neither party files a motion for redaction within 14 days, the opinion will be
posted on the court’s website without any changes. Id.
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine
Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-10 to 34 (2012)
(hereinafter “Vaccine Act” or “the Act”). Hereinafter, individual section references will be to 42 U.S.C. § 300aa of
the Act.

Case 1:19-vv-01476-UNJ Document 82 Filed 05/03/23 Page 2 of 2
Consistent with the terms in the attached Proffer, I hereby award the following in
compensation for all damages that would be available under 42 U.S.C. §300aa-15(a):
1) A lump sum payment of $130,000.00 (for pain and suffering) in the form of a
check made payable to petitioner.
The Clerk of the Court is directed to ENTER JUDGMENT in accordance with this
decision. 3
IT IS SO ORDERED.
s/Thomas L. Gowen
Thomas L. Gowen
Special Master
3 Entry of judgment is expedited by each party’s filing notice renouncing the right to seek review. Vaccine Rule
11(a).
2