VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01533 Package ID: USCOURTS-cofc-1_19-vv-01533 Petitioner: Russell Ahlgrim Filed: 2020-10-20 Decided: 2021-06-14 Vaccine: influenza Vaccination date: 2019-01-21 Condition: Guillain-Barré Syndrome (GBS) Outcome: compensated Award amount USD: 162880 AI-assisted case summary: Russell Ahlgrim filed a petition on October 2, 2019, alleging that he suffered Guillain-Barré Syndrome (GBS) as a result of an influenza vaccine administered on January 21, 2019. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on October 7, 2020, conceding that Mr. Ahlgrim was entitled to compensation. The respondent's position was that Mr. Ahlgrim met the criteria set forth in the Vaccine Injury Table (Table) and the Qualifications and Aids to Interpretation (QAI), which provide a presumption of causation if GBS onset occurs between three and forty-two days after a seasonal flu vaccination and there is no apparent alternative cause. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on October 20, 2020, finding Mr. Ahlgrim entitled to compensation based on the respondent's concession and the evidence of record. Subsequently, on June 14, 2021, Chief Special Master Corcoran issued a Decision Awarding Damages based on a stipulation/proffer filed by the respondent. The parties agreed to a total award of $162,880.26. This amount included $150,000.00 for pain and suffering, $3,295.88 for out-of-pocket expenses, and $9,584.38 for lost wages. Mr. Ahlgrim was confirmed to be a competent adult, and the award was to be paid as a lump sum. Petitioner counsel was David John Carney of Green & Schafle LLC, and respondent counsel was Julia Marter Collison and later Lynn Christina Schlie of the U.S. Department of Justice. Theory of causation field: Petitioner Russell Ahlgrim alleged Guillain-Barré Syndrome (GBS) following an influenza vaccine administered on January 21, 2019. The respondent conceded entitlement, stating that the petitioner satisfied the criteria in the Vaccine Injury Table and Qualifications and Aids to Interpretation, which afford a presumption of causation if GBS onset occurs between three and forty-two days after a seasonal flu vaccination and there is no apparent alternative cause. The respondent's Rule 4(c) Report was filed on October 7, 2020. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on October 20, 2020, finding entitlement based on the respondent's concession. A Decision Awarding Damages was issued on June 14, 2021, based on a proffer agreed to by the parties. The award totaled $162,880.26, comprising $150,000.00 for pain and suffering, $3,295.88 for out-of-pocket expenses, and $9,584.38 for lost wages. Petitioner was represented by David John Carney (Green & Schafle LLC), and respondent was represented by Julia Marter Collison and Lynn Christina Schlie (U.S. Department of Justice). Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-01533-0 Date issued/filed: 2020-11-19 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 10/20/2020) regarding 24 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-01533-UNJ Document 26 Filed 11/19/20 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1533V UNPUBLISHED RUSSELL AHLGRIM, Chief Special Master Corcoran Petitioner, Filed: October 20, 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. David John Carney, Green & Schafle LLC, Philadelphia, PA, for petitioner. Julia Marter Collison, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 On October 2, 2019, Russell Ahlgrim 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 administered to him on January 21, 2019. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On October 7, 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, it is Respondent’s position that Petitioner “has satisfied the criteria set forth in the Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation (“QAI”), which afford petitioner a presumption of causation if the onset of GBS occurs 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-01533-UNJ Document 26 Filed 11/19/20 Page 2 of 2 between three and forty-two days after a seasonal flu vaccination and there is no apparent alternative cause.” Id. at 3-4. 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-01533-1 Date issued/filed: 2021-07-14 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 06/14/2021) regarding 41 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- CCaassee 11::1199--vvvv--0011553333--UUNNJJ DDooccuummeenntt 4417 FFiilleedd 0067//1144//2211 PPaaggee 11 ooff 24 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1533V UNPUBLISHED RUSSELL AHLGRIM, Chief Special Master Corcoran Petitioner, Filed: June 14, 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. David John Carney, Green & Schafle LLC, Philadelphia, PA, for petitioner. Lynn Christina Schlie, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 On October 2, 2019, Russell Ahlgrim 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 administered to him on January 21, 2019. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On October 20, 2020, a ruling on entitlement was issued, finding Petitioner entitled to compensation for GBS. On June 14, 2021, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $162,880.26. Proffer at 1. The award is comprised of the following: $150,000.00 for pain and suffering; $3,295.88 for out of pocket expenses; and $9,584.38 for lost wages. Id. In the Proffer, Respondent 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). CCaassee 11::1199--vvvv--0011553333--UUNNJJ DDooccuummeenntt 4417 FFiilleedd 0067//1144//2211 PPaaggee 22 ooff 24 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 $162,880.26 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 CCaassee 1 1:1:199-v-vvv-0-011553333-U-UNNJJ D Dooccuummeennt t4 417-1 F Fileiledd 0 076/1/144/2/211 P Paaggee 3 1 o of f4 2 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS __________________________________________ ) RUSSELL AHLGRIM, ) ) Petitioner, ) ) No. 19-1533V (ECF) v. ) Chief Special Master Corcoran ) SECRETARY OF HEALTH ) AND HUMAN SERVICES, ) ) Respondent. ) __________________________________________) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On October 7, 2020, respondent conceded that entitlement to compensation was appropriate under the terms of the Vaccine Act. ECF No. 22. Thereafter, on October 20, 2020, Chief Special Master Corcoran issued a Ruling on Entitlement, finding that petitioner was entitled to vaccine compensation for her Shoulder Injury Related to Vaccine Administration (“SIRVA”). ECF No. 24. I. Items of Compensation Based upon the evidence of record, respondent proffers that petitioner should be awarded $162,880.26. The award is comprised of the following: $150,000.00 for pain and suffering, $3,295.88 for out of pocket expenses, and $9,584.38 for lost wages. This amount represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. II. Form of the Award The parties recommend that compensation provided to petitioner should be made through a lump sum payment of $162,880.26, in the form of a check payable to petitioner. Petitioner CCaassee 1 1:1:199-v-vvv-0-011553333-U-UNNJJ D Dooccuummeennt t4 417-1 F Fileiledd 0 076/1/144/2/211 P Paaggee 4 2 o of f4 2 agrees. Petitioner is a competent adult. Evidence of guardianship is not required in this case. 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 /s/ LYNN C. SCHLIE Lynn C. Schlie 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) 616-3667 Fax: (202) 616-4310 Dated: June 14, 2021