VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01611
Package ID: USCOURTS-cofc-1_19-vv-01611
Petitioner: Meagan Mulcahy
Filed: 2019-10-15
Decided: 2022-11-29
Vaccine: influenza
Vaccination date: 2016-10-25
Condition: Guillain-Barré Syndrome (GBS)
Outcome: compensated
Award amount USD: 83985

AI-assisted case summary:
Meagan Mulcahy filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered Guillain-Barré Syndrome (GBS) after receiving an influenza vaccine on October 25, 2016. GBS is a condition listed on the Vaccine Injury Table. Initially, the respondent opposed compensation, arguing that Ms. Mulcahy had not met the program's severity requirement of suffering residual effects for more than six months. However, after reviewing additional medical records and literature submitted by Ms. Mulcahy, the respondent conceded that her GBS was a Table injury and that she had established the necessary duration of residual effects. Consequently, the Chief Special Master issued a ruling on entitlement, finding Ms. Mulcahy entitled to compensation. A subsequent decision awarded Ms. Mulcahy a total of $83,985.37. This amount included $80,700.00 for pain and suffering and $3,285.37 for past unreimbursable expenses. The award was made as a lump sum payment to Ms. Mulcahy, who was determined to be a competent adult.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01611-0
Date issued/filed: 2022-04-08
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 03/08/2022) regarding 66 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01611-UNJ Document 68 Filed 04/08/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1611V
UNPUBLISHED
MEAGAN MULCAHY, Chief Special Master Corcoran
Petitioner, Filed: March 8, 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.
Robert Joel Krakow, Law Office of Robert J. Krakow, P.C. New York, NY, for Petitioner.
Kimberly Shubert Davey, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On October 15, 2019, Meagan Mulcahy 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-Barré Syndrome (“GBS”), a
defined Table injury, after receiving the influenza vaccine on October 25, 2016. Petition
at 1-2, ¶¶ 7, 35, 39. In the alternative, Petitioner maintains that her GBS was caused by
the flu vaccine she received or that the vaccine significantly aggravated a previous
condition. Id. at 2, ¶¶ 36-37, 39-41. Petitioner further alleges that she received the flu
vaccine within the United States, that she suffered the residual effects of her injury for
more than six months, and that neither she nor any other party has filed a civil action or
received compensation for her injury. Petition at 2, ¶¶ 7, 33-34. The case was assigned
to the Special Processing Unit of the Office of Special Masters.
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-01611-UNJ Document 68 Filed 04/08/22 Page 2 of 2
Respondent initially opposed compensation, arguing that Petitioner had failed to
satisfy the Vaccine Act’s severity requirement. Rule 4(c) Report, filed Apr. 8, 2021, at 6-
7, ECF No. 57; see Section 11(c)(1)(D)(i). And, on December 7, 2021, I ordered Petitioner
to file briefing and whatever additional evidence she can locate that would establish that
she suffered the residual effects of her alleged injuries for more than six months or to
show cause why her case should not be dismissed. ECF No. 60. In response, Petitioner
filed additional medical records and literature. Exhibits 41-45, filed Jan. 24 and 25, 2022,
ECF Nos. 62-63.
After reviewing Petitioner’s filings, specifically the medical record from a January
17, 2020 visit to her neurologist, Respondent recommends “that compensation be
awarded for petitioner’s Table injury of GBS following the flu vaccine.” Amended Rule 4(c)
Report, filed Mar. 8, 2022, at 2, ECF No. 65. Respondent has concluded that “[P]etitioner
has satisfied the criteria set forth in the Vaccine Injury Table (“Table”) and the
Qualifications and Aids to Interpretation (“QAI”) for flu vaccine-induced GBS . . . [and] has
established that she suffered the sequela of her injury for more than six months after
vaccination.” 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

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DOCUMENT 2: USCOURTS-cofc-1_19-vv-01611-1
Date issued/filed: 2022-11-29
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 10/28/2022) regarding 77 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:19-vv-01611-UNJ Document 82 Filed 11/29/22 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1611V
UNPUBLISHED
MEAGAN MULCAHY, Chief Special Master Corcoran
Petitioner, Filed: October 28, 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.
Robert Joel Krakow, Law Office of Robert J. Krakow, P.C. New York, NY, for Petitioner.
Benjamin Patrick Warder, U.S. Department of Justice, Washington, DC, for
Respondent.
DECISION AWARDING DAMAGES1
On October 15, 2019, Meagan Mulcahy 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-Barré Syndrome (“GBS”), a
defined Table injury, after receiving the influenza vaccine on October 25, 2016. Petition
at 1-2, ¶¶ 7, 35, 39. In the alternative, Petitioner maintains that her GBS was caused by
the flu vaccine she received or that the vaccine significantly aggravated a previous
condition. Id. at 2, ¶¶ 36-37, 39-41. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On March 8, 2022, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for her GBS. On October 28, 2022, Respondent filed a proffer on award of
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-01611-UNJ Document 82 Filed 11/29/22 Page 2 of 5
compensation (“Proffer”) indicating Petitioner should be awarded $83,985.37,
representing compensation in the amounts of $80,700.00 for her pain and suffering and
$3,285.37 for her past unreimbursable expenses. Proffer at 1-2. 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.
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $83,985.37, representing compensation in the amounts of
$80,700.00 for her pain and suffering and $3,285.37 for her actual unreimbursable
expenses 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

Case 1:19-vv-01611-UNJ Document 82 Filed 11/29/22 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
__________________________________________
)
MEAGAN MULCAHY, )
)
Petitioner, )
) No. 19-1611V (ECF)
v. ) Chief Special Master Corcoran
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
__________________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On October 15, 2019, Meagan Mulcahy (“petitioner”) filed a petition (ECF No. 1) for
compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1
to -34 (“Vaccine Act”), alleging that she developed Guillain-Barré syndrome (“GBS”), as
defined in the Vaccine Injury Table, following administration of an influenza (“flu”) vaccine that
she received on October 25, 2016. ECF No. 1 at 1. On March 8, 2022, the Secretary of Health
and Human Services (“respondent”) filed an amended Rule 4(c) report (ECF No. 65) indicating
that this case is appropriate for compensation under the terms of the Vaccine Act for a GBS
Table injury, and on March 8, 2022, the Chief Special Master issued a Ruling on Entitlement
(ECF No. 66) finding that petitioner was entitled to compensation.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $80,700.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:19-vv-01611-UNJ Document 82 Filed 11/29/22 Page 4 of 5
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that she incurred past unreimbursable
expenses pertaining to her vaccine-related injury. Respondent proffers that petitioner should be
awarded past unreimbursable expenses in the amount of $3,285.37. See 42 U.S.C. § 300aa-
15(a)(1)(B). 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 following:1 a lump sum payment of $83,985.37, in the form of a
check payable to petitioner.
III. Summary of Recommended Payment Following Judgment
Lump sum payable to petitioner, Meagan Mulcahy: $83,985.37
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
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-01611-UNJ Document 82 Filed 11/29/22 Page 5 of 5
/s/ Benjamin P. Warder
BENJAMIN P. WARDER
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Ben Franklin Station
Washington, DC 20044-0146
Telephone: (202) 532-5464
Email: Benjamin.P.Warder@usdoj.gov
DATE: October 28, 2022
3