VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01485 Package ID: USCOURTS-cofc-1_19-vv-01485 Petitioner: Christine Rottino Filed: 2019-09-26 Decided: 2020-11-16 Vaccine: influenza Vaccination date: 2016-10-06 Condition: Guillain Barre Syndrome (GBS) Outcome: compensated Award amount USD: 81137 AI-assisted case summary: Christine Rottino filed a petition for compensation under the National Vaccine Injury Compensation Program on September 26, 2019, alleging that she suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine received on October 6, 2016. The case was assigned to the Special Processing Unit. On October 1, 2020, the Respondent filed a Rule 4(c) report conceding that Petitioner is entitled to compensation, agreeing that she met the criteria of the Vaccine Injury Table for GBS with onset between three and forty-two days after vaccination and no apparent alternative cause. A ruling on entitlement was issued on October 2, 2020, finding Petitioner entitled to compensation. On October 15, 2020, Respondent filed a proffer on award of compensation, proposing an award of $81,137.89, representing $76,000.00 for pain and suffering and $5,137.89 for past unreimbursable expenses. Petitioner agreed with the proffered award. The Chief Special Master issued a decision awarding damages on November 16, 2020, granting Petitioner a lump sum payment of $81,137.89. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-01485-0 Date issued/filed: 2020-11-02 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 10/02/2020) regarding 25 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-01485-UNJ Document 29 Filed 11/02/20 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1485V UNPUBLISHED CHRISTINE ROTTINO, Chief Special Master Corcoran Petitioner, Filed: October 2, 2020 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on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. Jessica E. Choper, Britcher Leone, L.L.C., Glen Rock, NJ, for petitioner. Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 On September 26, 2019, Christine Rottino 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 that she suffered Guillain Barre Syndrome (“GBS”) as a result of an influenza (“flu”) vaccine received on October 6, 2016. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On October 1, 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 recently revised Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation (“QAI”), which afford petitioner a presumption of causation if the onset of 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-01485-UNJ Document 29 Filed 11/02/20 Page 2 of 2 GBS occurs between three and forty-two days after a seasonal flu vaccination and there is no apparent alternative cause.” Id. at 5. 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-01485-1 Date issued/filed: 2020-11-16 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 10/15/2020) regarding 28 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-01485-UNJ Document 30 Filed 11/16/20 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1485V UNPUBLISHED CHRISTINE ROTTINO, Chief Special Master Corcoran Petitioner, Filed: October 15, 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. Jessica E. Choper, Britcher Leone, L.L.C., Glen Rock, NJ, for petitioner. Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 On September 26, 2019, Christine Rottino 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 that she suffered Guillain Barre Syndrome (“GBS”) as a result of an influenza vaccine received on October 6, 2016. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On October 2, 2020, a ruling on entitlement was issued, finding Petitioner entitled to compensation for GBS. On October 15, 2020, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $81,137.89 (representing $76,000.00 for pain and suffering and $5,137.89 for past unreimbursable expenses). Proffer at 1-2. In the Proffer, Respondent represented that Petitioner agrees 1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am required to post it on the 1-2United 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-01485-UNJ Document 30 Filed 11/16/20 Page 2 of 5 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 $81,137.89 (representing $76,000.00 for pain and suffering and $5,137.89 for past unreimbursable 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-01485-UNJ Document 30 Filed 11/16/20 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) CHRISTINE ROTTINO, ) ) Petitioner, ) ) No. 19-1485V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND HUMAN ) SERVICES, ) ) Respondent. ) ) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On September 26, 2019, Christine Rottino (“petitioner”) filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act” or “Act”), as amended. Petitioner alleges that she suffered Guillain-Barré syndrome (“GBS”) as a result of an influenza (“flu”) vaccine administered to her on October 6, 2016. Petition at 1. On October 1, 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. 24; ECF No. 25. I. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $76,000.00 in actual pain and suffering. Petitioner agrees. B. Past Unreimbursable Expenses Evidence supplied by petitioner documents her expenditure of past unreimbursable expenses related to her vaccine-related injury. Respondent proffers that petitioner should be Case 1:19-vv-01485-UNJ Document 30 Filed 11/16/20 Page 4 of 5 awarded past unreimbursable expenses in the amount of $5,137.89, as provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(1)(B). Petitioner agrees. These amounts represent all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). 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 $81,137.89, representing compensation for pain and suffering ($76,000.00) and past unreimbursable expenses ($5,137.89), in the form of a check payable to petitioner, Christine Rottino. III. Summary of Recommended Payments Following Judgment Lump sum payable to petitioner, Christine Rottino: $ 81,137.89 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-01485-UNJ Document 30 Filed 11/16/20 Page 5 of 5 s/ Sarah C. Duncan SARAH C. DUNCAN 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) 514-9729 Fax: (202) 616-4310 DATED: October 15, 2020 3