VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01946
Package ID: USCOURTS-cofc-1_19-vv-01946
Petitioner: Glenda Kellett
Filed: 2019-12-23
Decided: 2022-06-24
Vaccine: influenza
Vaccination date: 2016-12-31
Condition: Guillain-Barré Syndrome (GBS)
Outcome: compensated
Award amount USD: 133136

AI-assisted case summary:
Glenda Kellett filed a petition for compensation under the National Vaccine Injury Compensation Program on December 23, 2019, alleging that she suffered Guillain-Barré Syndrome (GBS) caused by an influenza vaccine she received on December 31, 2016. The respondent conceded that Ms. Kellett is entitled to compensation, finding that her claim satisfies the criteria for a Table injury. A ruling on entitlement was issued on October 9, 2020, confirming her eligibility for compensation. Subsequently, on May 19, 2022, the respondent filed a proffer for an award of compensation. The court issued a decision awarding damages on June 24, 2022. Ms. Kellett was awarded a lump sum of $133,136.72, which includes $120,000.00 for pain and suffering and $13,136.72 for first-year expenses. Additionally, an amount sufficient to purchase an annuity contract was awarded to cover future life care expenses.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01946-0
Date issued/filed: 2020-12-18
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/18/2020) regarding 20 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01946-UNJ Document 21 Filed 12/18/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1946V
UNPUBLISHED
GLENDA KELLETT, Chief Special Master Corcoran
Petitioner, Filed: November 18, 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.
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Lara Ann Englund, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On December 23, 2019, Glenda Kellett 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)
caused-in-fact by the influenza vaccine she received on December 31, 2016. Petition at
¶¶ 2, 32. Petitioner further alleges that she received the vaccination in the United States,
that she suffered the residual effects of her GBS for more than six months and that neither
she nor any other party has filed a civil action or received compensation for her GBS,
alleged as vaccine caused. Id. at ¶¶ 2, 32-34. 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa
(2012).

Case 1:19-vv-01946-UNJ Document 21 Filed 12/18/20 Page 2 of 2
On October 8, 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
6, ECF No. 17. Specifically, Respondent believes that “[P]etitioner has satisfied the
criteria set forth in the Vaccine Injury Table (“Table”) and the Qualifications and Aids to
Interpretation (“QAI”).” Id. (citing 42 C.F.R. §§ 100.3(a)(XIV)(D), 100.3(c)(15)).
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-01946-1
Date issued/filed: 2022-06-24
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 05/23/2022) regarding 44 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01946-UNJ Document 48 Filed 06/24/22 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1946V
UNPUBLISHED
GLENDA KELLETT, Chief Special Master Corcoran
Petitioner, Filed: May 23, 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.
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Emily H. Manoso, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On December 23, 2019, Glenda Kellett 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)
caused-in-fact by the influenza vaccine she received on December 31, 2016. Petition at
¶¶ 2, 32. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On October 9, 2020, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for her GBS. On May 19, 2022, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded compensation in the
amount of $120,000.00 for her actual pain and suffering, $13,136.72 for expenses
expected to be incurred during the first year after Judgment as described in the life care
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-01946-UNJ Document 48 Filed 06/24/22 Page 2 of 7
plan and illustrated in the chart attached at Tab A, and an amount sufficient to purchase
an annuity contract as described in II.B. of the Proffer. Proffer at 2-3. 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 the following:
A. A lump sum in the amount of $133,136.72, representing compensation in
the amounts of $120,000.00 for actual pain and suffering and $13,136.72
for unreimbursable expenses during the first year after Judgment, in the
form of a check payable to Petitioner; and
B. An amount sufficient to purchase the annuity contract described in
Section II.B of the Proffer, representing compensation for additional
unreimbursable expenses.
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-01946-UNJ Document 48 Filed 06/24/22 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
GLENDA KELLETT, )
)
Petitioner, )
) No. 19-1946V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On October 8, 2020, the Secretary of Health and Human Services (“respondent”) filed his
Rule 4(c) report concluding that petitioner suffered an injury that is compensable under the
National Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C. §§ 300aa-1 to -34, and
on November 18, 2020, the Chief Special Master issued a Ruling on Entitlement, finding
petitioner entitled to compensation. See ECF Docs. No. 17, 20. Specifically, based on
respondent’s recommendation, the Court found petitioner entitled to compensation for Guillain-
Barré syndrome and related sequelae that she sustained following the administration of an
influenza vaccination on December 31, 2016, and that petitioner’s claim satisfies the
requirements necessary to qualify as a Table injury under the Vaccine Injury Table. 42 C.F.R.
§§ 100.3(a)(XIV)(D), (c)(15). Respondent now proffers that petitioner receive an award as
follows:
I. Items of Compensation
A. Life Care Items
Respondent engaged life care planner Laura E. Fox, MSN, BSN, RN, CNLCP, and
petitioner engaged rehabilitation counselor Roberta Hurley, to provide an estimation of

Case 1:19-vv-01946-UNJ Document 48 Filed 06/24/22 Page 4 of 7
petitioner’s future vaccine-injury related needs. For the purposes of this proffer, the term
“vaccine related” is as described in the respondent’s Rule 4(c) Report. All items of
compensation identified in the life care plan are supported by the evidence, and are illustrated by
the chart entitled Appendix A: Items of Compensation for Glenda Kellett, attached hereto as Tab
A. Respondent proffers that petitioner should be awarded all items of compensation set forth in
the life care plan and illustrated by the chart attached at Tab A. Petitioner agrees.
B. Pain and Suffering
Respondent proffers that petitioner should be awarded $120,000.00 in actual and
projected pain and suffering. This amount reflects that any award for projected pain and
suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner
agrees.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a combination of lump sum payments and future annuity payments as described below,
and request that the Chief Special Master’s decision and the Court’s judgment award the
following:1
A. A lump sum payment of $133,136.72, representing compensation for life care
expenses expected to be incurred during the first year after judgment ($13,136.72) and pain and
suffering ($120,000.00), in the form of a check payable to petitioner, Glenda Kellett.
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
medical expenses, future lost earnings, and future pain and suffering.
2

Case 1:19-vv-01946-UNJ Document 48 Filed 06/24/22 Page 5 of 7
B. An amount sufficient to purchase an annuity contract,2 subject to the conditions
described below, that will provide payments for the life care items contained in the life care plan,
as illustrated by the chart at Tab A, attached hereto, paid to the life insurance company3 from
which the annuity will be purchased.4 Compensation for Year Two (beginning on the first
anniversary of the date of judgment) and all subsequent years shall be provided through
respondent’s purchase of an annuity, which annuity shall make payments directly to petitioner,
Glenda Kellett, only so long as petitioner is alive at the time a particular payment is due. At the
Secretary’s sole discretion, the periodic payments may be provided to petitioner in monthly,
quarterly, annual, or other installments. The “annual amounts” set forth in the chart at Tab A
describe only the total yearly sum to be paid to petitioner and do not require that the payment be
made in one annual installment.
2 In respondent’s discretion, respondent may purchase one or more annuity contracts
from one or more life insurance companies.
3 The Life Insurance Company must have a minimum of $250,000,000 capital and
surplus, exclusive of any mandatory security valuation reserve. The Life Insurance Company
must have one of the following ratings from two of the following rating organizations:
a. A.M. Best Company: A++, A+, A+g, A+p, A+r, or A+s;
b. Moody's Investor Service Claims Paying Rating: Aa3, Aa2, Aa1, or Aaa;
c. Standard and Poor's Corporation Insurer Claims-Paying Ability Rating: AA-,
AA, AA+, or AAA;
d. Fitch Credit Rating Company, Insurance Company Claims Paying Ability
Rating: AA-, AA, AA+, or AAA.
4 Petitioner authorizes the disclosure of certain documents filed by the petitioner in this
case consistent with the Privacy Act and the routine uses described in the National Vaccine
Injury Compensation Program System of Records, No. 09-15-0056.
3

Case 1:19-vv-01946-UNJ Document 48 Filed 06/24/22 Page 6 of 7
1. Growth Rate
Respondent proffers that a four percent (4%) growth rate should be applied to all life care
items. Thus, the benefits illustrated in the chart at Tab A that are to be paid through annuity
payments should grow as follows: four percent (4%) compounded annually from the date of
judgment for all items. Petitioner agrees.
2. Life-contingent annuity
Petitioner will continue to receive the annuity payments from the Life Insurance
Company only so long as she, Glenda Kellett, is alive at the time that a particular payment is
due. Written notice shall be provided to the Secretary of Health and Human Services and the
Life Insurance Company within twenty (20) days of Glenda Kellett’s death.
3. Guardianship
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
III. Summary of Recommended Payments Following Judgment
A. Lump Sum paid to petitioner, Glenda Kellett: $133,136.72
B. An amount sufficient to purchase the annuity contract described
above in section II.B.
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
4

Case 1:19-vv-01946-UNJ Document 48 Filed 06/24/22 Page 7 of 7
TRACI R. PATTON
Assistant Director
Torts Branch, Civil Division
s/Emily H. Manoso
EMILY H. MANOSO
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) 305-3912
Email: Emily.H.Manoso@usdoj.gov
Dated: May 19, 2022
5