VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01513 Package ID: USCOURTS-cofc-1_19-vv-01513 Petitioner: Barry Taylor Filed: 2022-02-14 Decided: 2022-03-18 Vaccine: influenza Vaccination date: 2016-09-27 Condition: Guillain-Barré syndrome Outcome: compensated Award amount USD: 199263 AI-assisted case summary: Barry Taylor filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered Guillain-Barré syndrome (GBS) as a result of an influenza vaccine administered on September 27, 2016. The case was assigned to the Special Processing Unit. Respondent filed a Rule 4(c) report conceding that Petitioner is entitled to compensation, agreeing that Petitioner satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation. Respondent also agreed that the case was timely filed, the vaccine was received in the United States, and Petitioner met the statutory severity requirement by suffering residual effects for more than six months. A ruling on entitlement was issued on February 14, 2022, finding Petitioner entitled to compensation. Subsequently, on February 3, 2022, Respondent filed a combined Rule 4 report and proffer on award of compensation, indicating Petitioner should be awarded $199,263.93, comprised of $140,000.00 for pain and suffering and $59,263.93 for lost wages. Petitioner agreed with the proffered award. Based on the record, the court awarded Petitioner a lump sum payment of $199,263.93. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-01513-0 Date issued/filed: 2022-03-16 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 02/14/2022) regarding 39 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-01513-UNJ Document 48 Filed 03/16/22 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1513V UNPUBLISHED BARRY TAYLOR, Chief Special Master Corcoran Petitioner, Filed: February 14, 2022 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on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. John Robert Howie, Howie Law, PC, Dallas, TX, for Petitioner. Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On September 30, 2019, Barry Taylor 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 he suffered Guillain-Barré syndrome (“GBS”) as a result of an influenza (“flu”) vaccine that was administered to him on September 27, 2016. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On February 10, 2022, 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 and the Qualifications and Aids to Interpretation. Id. at 6. 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Case 1:19-vv-01513-UNJ Document 48 Filed 03/16/22 Page 2 of 2 Respondent further agrees that “this case was timely filed, that the vaccine was received in the United States, and that petitioner satisfies the statutory severity requirement by suffering the residual effects or complications of his injury for more than six months after vaccine administration.” Id. at 7. 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-01513-1 Date issued/filed: 2022-03-18 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 02/14/2022) regarding 40 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-01513-UNJ Document 49 Filed 03/18/22 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1513V UNPUBLISHED BARRY TAYLOR, Chief Special Master Corcoran Petitioner, Filed: February 14, 2022 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Damages Decision Based on Proffer; HUMAN SERVICES, Influenza (Flu) Vaccine; Guillain- Barre Syndrome (GBS) Respondent. John Robert Howie, Howie Law, PC, Dallas, TX, for Petitioner. Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On September 30, 2019, Barry Taylor 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 he suffered Guillain-Barré syndrome (“GBS”) as a result of an influenza (“flu”) vaccine that was administered to him on September 27, 2016. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On February 14, 2022, a ruling on entitlement was issued, finding Petitioner entitled to compensation for GBS. On February 3, 2022, Respondent filed a combined Rule 4 report/proffer on award of compensation (“Rule 4/Proffer”) indicating Petitioner should be awarded $199,263.93 (comprised of $140,000.00 for pain and suffering and $59,263.93 for lost wages). Proffer at 7. In the Proffer, Respondent represented that 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Case 1:19-vv-01513-UNJ Document 49 Filed 03/18/22 Page 2 of 2 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 Proffer, I award Petitioner a lump sum payment of $199,263.93 (comprised of $140,000.00 for pain and suffering and $59,263.93) in the form of a check payable to Petitioner. This amount represents compensation for all damages that would be available under Section 15(a). The Clerk of 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