VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01655
Package ID: USCOURTS-cofc-1_19-vv-01655
Petitioner: Janice Byrd
Filed: 2021-01-25
Decided: 2021-05-27
Vaccine: influenza
Vaccination date: 2016-10-27
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 198748

AI-assisted case summary:
Janice Byrd filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered Guillain-Barre Syndrome (GBS) as a result of her October 27, 2016 influenza vaccination. The case was assigned to the Special Processing Unit of the Office of Special Masters. Respondent filed a Rule 4(c) report conceding that Petitioner is entitled to compensation. Respondent indicated that medical personnel reviewed the petition and medical records, and it was their position that Petitioner satisfied the criteria set forth in the Vaccine Injury Table and the 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. Based on Respondent's position and the evidence of record, the Chief Special Master issued a ruling on entitlement finding Petitioner entitled to compensation. Subsequently, Respondent filed a proffer on award of compensation, indicating Petitioner should be awarded $198,748.71, consisting of $180,000.00 for pain and suffering and $18,748.71 for unreimbursed expenses. Petitioner agreed with the proffered award. The Chief Special Master awarded Petitioner a lump sum payment of $198,748.71 in the form of a check payable to Petitioner, representing compensation for all damages available under the Act.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01655-0
Date issued/filed: 2021-03-04
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/25/2021) regarding 33 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01655-UNJ Document 38 Filed 03/04/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1655V
UNPUBLISHED
JANICE BYRD, Chief Special Master Corcoran
Petitioner, Filed: January 25, 2021
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.
Lauren Kells, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On October 25, 2019, Janice Byrd 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 the “table injury” of Guillain-Barre
Syndrome (“GBS”) as a result of her October 27, 2016 influneza (“flu”) vaccination.
Petition at ¶¶ 1, 12. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On January 22, 2021, 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 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-01655-UNJ Document 38 Filed 03/04/21 Page 2 of 2
Specifically, Respondent indicates that
[m]edical personnel at the Division of Injury Compensation Programs, Department
of Health and Human Services (“DICP”), have reviewed the petition and medical
records filed in the case. 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 between three and forty-two days after a seasonal flu
vaccination and there is no apparent alternative cause. 42 U.S.C. § 300aa-
14(a)(XIV)(D), (c)(15).
Id. at 6.
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
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DOCUMENT 2: USCOURTS-cofc-1_19-vv-01655-1
Date issued/filed: 2021-06-28
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 05/27/2021) regarding 45 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01655-UNJ Document 49 Filed 06/28/21 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1655V
UNPUBLISHED
JANICE BYRD, Chief Special Master Corcoran
Petitioner, Filed: May 27, 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.
Lauren Kells, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On October 25, 2019, Janice Byrd 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 the “table injury” of Guillain-Barre
Syndrome (“GBS”) as a result of her October 27, 2016 influneza (“flu”) vaccination.
Petition at ¶¶ 1, 12. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On January 25, 2021, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for GBS. On May 24, 2021, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $198,748.71
($180,000.00 for pain and suffering; and $18,748.71 for unreimbursed expenses). Proffer
at 1-2. In the Proffer, Respondent represented that Petitioner agrees with the proffered
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-01655-UNJ Document 49 Filed 06/28/21 Page 2 of 4
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 $198,748.71 ($180,000.00 for pain and suffering and $18,748.71 for
unreimbursed 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-01655-UNJ Document 49 Filed 06/28/21 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
JANICE BYRD,
Petitioner, No. 19-1655V
Chief Special Master Corcoran
v. ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On October 25, 2019, Janice Byrd (“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”), alleging that she suffered Guillain-Barré syndrome (“GBS”), as defined in the Vaccine
Injury Table, following administration of an influenza vaccine she received on October 27, 2016.
Petition at ¶ 1. On January 22, 2021, the Secretary of Health and Human Services
(“respondent”) filed a Rule 4(c) Report indicating that this case is appropriate for compensation
under the terms of the Act for a GBS Table injury, and on January 25, 2021, the Chief Special
Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF Nos. 32,
33.
I. Items of Compensation
Based upon the evidence, respondent proffers that petitioner should be awarded a lump
sum of $198,748.71 ($180,000.00 for pain and suffering; and $18,748.71 for unreimbursed
expenses). This amount represents all elements of compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.

Case 1:19-vv-01655-UNJ Document 49 Filed 06/28/21 Page 4 of 4
II. Form of the Award
Respondent recommends that compensation be awarded to petitioner in the amount of
$198,748.71, in the form of a check payable to petitioner. Petitioner agrees.
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
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
/s/ Lauren Kells
LAUREN KELLS
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) 616-4187
Email: Lauren.Kells@usdoj.gov
DATED: May 24, 2021
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