VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01504 Package ID: USCOURTS-cofc-1_19-vv-01504 Petitioner: Doris Lamberton Filed: 2019-09-30 Decided: 2021-02-08 Vaccine: influenza Vaccination date: 2018-10-30 Condition: Guillain-Barre Syndrome (GBS) Outcome: compensated Award amount USD: 154700 AI-assisted case summary: On September 30, 2019, Doris Lamberton filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered Guillain-Barre Syndrome (GBS) after receiving an influenza vaccine on October 30, 2018. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Lamberton met the criteria for a Table injury for GBS following an influenza vaccine. The respondent also agreed that her condition had persisted for at least six months and that there was no alternative cause for her condition, thus entitling her to compensation. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on December 15, 2020, finding Ms. Lamberton entitled to compensation based on the respondent's concession. Subsequently, on December 15, 2020, a decision awarding damages was issued. Based on a proffer agreed to by both parties, Ms. Lamberton was awarded a lump sum of $154,700.00. This award was comprised of $147,500.00 for pain and suffering, $2,200.00 for past out-of-pocket medical expenses, and $5,000.00 for future out-of-pocket medical expenses. The decision was signed by Chief Special Master Brian H. Corcoran on December 15, 2020, and filed on February 8, 2021. Petitioner was represented by Alison H. Haskins of Maglio Christopher & Toale, PA, and respondent was represented by Debra A. Filteau Begley of the U.S. Department of Justice. The public decision does not describe the onset of symptoms, specific medical tests, or treatments. The specific mechanism of causation was not detailed in the public decision, but the entitlement was based on the Vaccine Injury Table criteria for GBS following an influenza vaccine. Theory of causation field: Petitioner Doris Lamberton received an influenza vaccine on October 30, 2018, and subsequently developed Guillain-Barre Syndrome (GBS). The respondent conceded that Petitioner satisfied the criteria set forth in the Vaccine Injury Table for a flu/GBS Table injury, that her condition persisted for at least six months, and that there was no alternative cause for her condition. This concession led to a ruling on entitlement by Chief Special Master Brian H. Corcoran on December 15, 2020. A subsequent decision on December 15, 2020, awarded Petitioner $154,700.00, comprised of $147,500.00 for pain and suffering, $2,200.00 for past out-of-pocket medical expenses, and $5,000.00 for future out-of-pocket medical expenses. Petitioner was represented by Alison H. Haskins, and respondent was represented by Debra A. Filteau Begley. The public decision does not detail specific medical experts, the onset of symptoms, diagnostic tests, treatments, or the precise mechanism of causation beyond the Table criteria. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-01504-0 Date issued/filed: 2021-02-05 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 12/15/2020) regarding 25 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-01504-UNJ Document 30 Filed 02/05/21 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1504V UNPUBLISHED DORIS LAMBERTON, Chief Special Master Corcoran Petitioner, Filed: December 15, 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. Alison H. Haskins, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner. Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 On September 30, 2019, Doris Lamberton 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”) following an influenza (“flu”) vaccine administered on October 30, 2018. Petition at 1-4. The case was assigned to the Special Processing Unit of the Office of Special Masters. On December 14, 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 Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation for a flu/GBS Table injury.” Id. at 5. Respondent further agrees that Petitioner’s condition 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-01504-UNJ Document 30 Filed 02/05/21 Page 2 of 2 “has persisted for at least six months, and there is no alternative cause that explains her condition” and thus she is entitled to compensation. Id. 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-01504-1 Date issued/filed: 2021-02-08 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 12/15/2020) regarding 26 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-01504-UNJ Document 32 Filed 02/08/21 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1504V UNPUBLISHED DORIS LAMBERTON, Chief Special Master Corcoran Petitioner, Filed: December 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. Alison H. Haskins, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner. Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 On September 30, 2019, Doris Lamberton 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”) following an influenza (“flu”) vaccine administered on October 30, 2018. Petition at 1-4. The case was assigned to the Special Processing Unit of the Office of Special Masters. On December 15, 2020, a ruling on entitlement was issued, finding Petitioner entitled to compensation for GBS. On December 14, 2020, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $154,700.00. Proffer at 6. 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. 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-01504-UNJ Document 32 Filed 02/08/21 Page 2 of 2 Pursuant to the terms stated in the Proffer, I award Petitioner a lump sum payment of $154,700.00 (comprised of $147,500.00 for pain and suffering, $2,200.00 for past out-of-pocket medical expenses, and $5,000.00 for future out-of-pocket medical 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