VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01895 Package ID: USCOURTS-cofc-1_19-vv-01895 Petitioner: Lisa Helfrich Filed: 2021-01-07 Decided: 2022-02-07 Vaccine: influenza Vaccination date: 2018-08-01 Condition: Guillain-Barre Syndrome (GBS) Outcome: compensated Award amount USD: 140156 AI-assisted case summary: Lisa Helfrich filed a petition for compensation under the National Vaccine Injury Compensation Program alleging she suffered Guillain-Barré Syndrome (GBS) as a result of an influenza vaccine administered on August 1, 2018. The respondent conceded that Petitioner is entitled to compensation, agreeing that her GBS was a Table injury following the flu vaccine, provided the onset occurred between three and forty-two days after vaccination and there was no more likely alternative diagnosis or apparent alternative cause. The ruling on entitlement was issued on January 7, 2021, finding Petitioner entitled to compensation. Subsequently, on January 5, 2022, the respondent filed a proffer on award of compensation. The parties agreed to a total award of $140,156.18, which included $125,500.00 for pain and suffering, $5,955.09 for past unreimbursable expenses, and $8,701.09 in past lost wages. The decision awarding damages was issued on February 7, 2022, granting the lump sum payment to Lisa Helfrich. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-01895-0 Date issued/filed: 2021-02-23 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 01/07/2021) regarding 27 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-01895-UNJ Document 30 Filed 02/23/21 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1895V UNPUBLISHED LISA HELFRICH, Chief Special Master Corcoran Petitioner, Filed: January 7, 2021 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on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. Kari Elizabeth Panza, R.J. Marzella & Associates, P.C., for Petitioner. Ida Nassar, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On December 13, 2019, Lisa Helfrich 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”) as a result of an influenza (“flu”) vaccine “and/or” a tetanus-diphtheria-acellular pertussis (“Tdap”) vaccine administered to her on August 28, 2018. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On January 5, 2021, Respondent filed his Rule 4(c) report in which he concedes that Petitioner is entitled to compensation in this case as it relates to the flu vaccine. Respondent does not recommend that any compensation be awarded related to administration of the Tdap vaccine. Respondent’s Rule 4(c) Report at 1. Specifically, 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-01895-UNJ Document 30 Filed 02/23/21 Page 2 of 2 Respondent states “(i)t is respondent’s position that petitioner suffered from GBS, and that she has satisfied the criteria set forth in the revised Vaccine Injury Table (Table) and the Qualifications and Aids to Interpretation (“QAI”), which afford her a presumption of vaccine causation if the onset of GBS occurs between three and forty-two days after a seasonal flu vaccination and there is no more likely alternative diagnosis and no apparent alternative cause. Id. at 4-5. 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-01895-1 Date issued/filed: 2022-02-07 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 01/06/2022) regarding 39 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-01895-UNJ Document 43 Filed 02/07/22 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1895V UNPUBLISHED LISA HELFRICH, Chief Special Master Corcoran Petitioner, Filed: January 6, 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. Kari Panza, R.J. Marzella & associates, P.C., Harrisburg, PA, for Petitioner. Steven Santayana), U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On December 13, 2019, Lisa Helfrich 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 from Guillain Barre Syndrome (“GBS”) following the administration of an influenza vaccination on August 1, 2018. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On January 7, 2021, a ruling on entitlement was issued, finding Petitioner entitled to compensation for GBS. On January 5, 2022, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $140,156.18 (consisting of $125,500.00 for pain and suffering; $5,955.09 for past unreimbursable expenses; and $8,701.09 in past lost wages. Proffer at 1-2. 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-01895-UNJ Document 43 Filed 02/07/22 Page 2 of 5 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 $140,156.18 (consisting of $125,500.00 for pain and suffering; $5,955.09 for past unreimbursable expenses; and $8,701.09 in past lost wages 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 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-01895-UNJ Document 43 Filed 02/07/22 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ____________________________________ ) LISA HELFRICH, ) ) Petitioner, ) ) No. 19-1895V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND ) HUMAN SERVICES, ) ) Respondent. ) ____________________________________) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On December 13, 2019, Lisa Helfrich (“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, following administration of an influenza and/or TDAP vaccine she received on August 1, 2018. Petition at 1. On January 5, 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 following administration of the flu vaccine, and on January 7, 2021, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 26; ECF No. 27. Items of Compensation Pain and Suffering Respondent proffers that petitioner should be awarded $125,500.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. 1 Case 1:19-vv-01895-UNJ Document 43 Filed 02/07/22 Page 4 of 5 Past Unreimbursable Expenses Evidence supplied by petitioner documents that she incurred past unreimbursable expenses related to her vaccine-related injury. Respondent proffers that petitioner should be awarded past unreimbursable expenses in the amount of $5,955.09. See 42 U.S.C. § 300aa- 15(a)(1)(B). Petitioner agrees. These amounts represent all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. Lost Wages Respondent proffers that petitioner should be awarded $8,701.09 in past lost wages. See 42 U.S.C. § 300aa-15(a)(3)(A). Petitioner agrees. These amounts represent all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. 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 following1: a lump sum payment of $140,156.18, in the form of a check payable to petitioner. Summary of Recommended Payments Following Judgment Lump sum payable to petitioner, Lisa Helfrich: $140,156.18 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-01895-UNJ Document 43 Filed 02/07/22 Page 5 of 5 Respectfully submitted, BRIAN M. BOYNTON Acting Assistant Attorney General C. SALVATORE D’ALESSIO Acting Director Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division ALEXIS B. BABCOCK Assistant Director Torts Branch, Civil Division s/ Steven C. Santayana _____ STEVEN C. SANTAYANA 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) 451-7675 steven.c.santayana@usdoj.gov Dated: January 5, 2022 3