VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01963
Package ID: USCOURTS-cofc-1_19-vv-01963
Petitioner: Virginia Bennett
Filed: 2019-12-27
Decided: 2020-12-09
Vaccine: influenza
Vaccination date: 2018-08-28
Condition: Guillain-Barre Syndrome (GBS)
Outcome: entitlement_granted_pending_damages
Award amount USD: 

AI-assisted case summary:
Virginia Bennett filed a petition on December 27, 2019, alleging that she suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine administered on August 28, 2018. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Bennett is entitled to compensation. The respondent concluded that Ms. Bennett satisfied the criteria set forth in the Vaccine Injury Table for a flu/GBS Table injury, that her condition persisted for at least six months, and that there was no alternative cause for her condition. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran found that Ms. Bennett is entitled to compensation. The decision was a ruling on entitlement, with damages to be determined at a later date. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or expert witnesses. Petitioner was represented by Richard Gage of Richard Gage, P.C., and respondent was represented by Debra A. Filteau Begley of the U.S. Department of Justice.

Theory of causation field:
Petitioner Virginia Bennett alleged Guillain-Barre Syndrome (GBS) following an influenza vaccine administered on August 28, 2018. The respondent conceded entitlement, agreeing that the condition met the criteria for a flu/GBS Table injury, persisted for at least six months, and had no alternative cause. The Special Master found entitlement based on the concession. The public text does not specify the mechanism of injury, expert testimony, or award details, as this was a ruling on entitlement only. Petitioner counsel was Richard Gage, respondent counsel was Debra A. Filteau Begley, and the Special Master was Brian H. Corcoran. The decision date was December 9, 2020.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_19-vv-01963-0
Date issued/filed: 2020-12-09
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/09/2020) regarding 26 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:19-vv-01963-UNJ Document 28 Filed 12/09/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1963V
UNPUBLISHED
VIRGINIA BENNETT, Chief Special Master Corcoran
Petitioner, Filed: November 9, 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.
Richard Gage, Richard Gage, P.C., Cheyenne, WY, for petitioner.
Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On December 27, 2019, Virginia Bennett 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-Barre Syndrome (“GBS”) as
a result of an influenza (“flu”) vaccine administered on August 28, 2018. Petition at 1-2.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On October 23, 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, Respondent concludes that Petitioner has “satisfied the criteria set forth
in the Vaccine Injury Table (‘Table’) and the Qualifications and Aids to Interpretation for
a flu/GBS Table injury.” Id. at 5. Respondent further agrees that Petitioner’s condition
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-01963-UNJ Document 28 Filed 12/09/20 Page 2 of 2
persisted for at least six months, and there is no alternative cause that explains her
condition. 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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_19-vv-01963-1
Date issued/filed: 2022-06-15
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 5/20/2022) regarding 52 DECISION on Proffer. Signed by Special Master Mindy Michaels Roth. (ec) Service on parties made.
--------------------------------------------------------------------------------
Case 1:19-vv-01963-UNJ Document 57 Filed 06/15/22 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1963V
Filed: May 20, 2022
* * * * * * * * * * * * *
VIRGINIA BENNETT, * UNPUBLISHED
*
Petitioner, * Decision on Proffer;
* Guillain Barre Syndrome (“GBS”);
v. * Influenza (“Flu”) Vaccine
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * *
Richard Gage, Esq., Richard Gage, P.C, Cheyenne, WY for petitioner.
Debra Begley, Esq., US Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Roth, Special Master:
On December 27, 2019, Virginia Bennett [“Ms. Bennett or “petitioner”] filed a petition for
compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges that
she developed Guillain-Barré Syndrome (“GBS”) after receiving an influenza vaccination on
August 28, 2018. Petition at 1, ECF No. 1.
On October 23, 2020, respondent filed his Rule 4(c) Report conceding that petitioner
satisfied the requirement necessary to qualify as a Table Injury under the Vaccine Injury Table.
See ECF No. 25.
1 Although this Decision has been formally designated “unpublished,” it will nevertheless be posted on the Court of
Federal Claims’ website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899,
2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). This means the Decision will be available to anyone
with access to the internet. However, the parties may object to the Decision’s inclusion of certain kinds of
confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen days within which to request
redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance
and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would
constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, the whole Decision will be
available to the public. Id.
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).
1

Case 1:19-vv-01963-UNJ Document 57 Filed 06/15/22 Page 2 of 8
On November 9, 2020, a Ruling on Entitlement was issued, finding petitioner entitled to
compensation for a Table Injury of GBS following the flu vaccine she received on August 28,
2018. ECF No. 26.
Respondent filed a proffer on May 20, 2022, agreeing to issue the following payments:
A lump sum of $477,977.93, representing compensation for life care expenses
expected to be incurred during the first year after judgment ($142,603.46), pain
and suffering ($250,000.00), and past unreimbursable expenses ($85,374.47), in
the form of a check payable to petitioner, Virginia Bennett.
An amount sufficient to purchase the annuity contract described in Section II.B.
of the Proffer attached.
These foregoing amounts represent compensation for all damages that would be
available under § 300aa-15(a).
Proffer, ECF No. 51.
I adopt the parties’ proffer hereto, and award compensation in the amount and on the terms
set forth therein. The clerk of the court is directed to enter judgment in accordance with this
decision.3
IT IS SO ORDERED.
s/ Mindy Michaels Roth
Mindy Michaels Roth
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice
renouncing the right to seek review.
2

\Case 1:19-vv-01963-UNJ Document 57 Filed 06/15/22 Page 3 of 8
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
*************************************
VIRGINIA BENNETT, *
*
Petitioner, * No. 19-1963V
* SPECIAL MASTER ROTH
v. *
*
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*************************************
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On December 27, 2019, Virginia Bennett (“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”) resulting
from an influenza (“flu”) vaccination she received on August 28, 2018. Petition at 1-2. On
October 23, 2020, the Secretary of Health and Human Services (“respondent”) filed his Rule 4(c)
Report conceding that petitioner satisfies the requirements necessary to qualify as a Table injury
under the Vaccine Injury Table. 42 U.S.C. § 300aa-14(a)(XIV)(D), (c)(15). See ECF No. 25.
On November 9, 2020, the Chief Special Master issued a Ruling on Entitlement, finding that
petitioner is entitled to vaccine compensation for a Table injury of GBS following the influenza
vaccine she received on August 28, 2018. ECF No. 26.
I. Items of Compensation
Based on the evidence of record, respondent proffers that petitioner receive an award as
follows:

Case 1:19-vv-01963-UNJ Document 57 Filed 06/15/22 Page 4 of 8
A. Life Care Items
Respondent engaged life care planner Linda Curtis, RN, MS, CNLCP, CCM, and
petitioner engaged rehabilitation counselors Elizabeth Kattman, B.S., M.S., and Helen M.
Woodard, M.A., to provide an estimation of 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
Virginia Bennett, 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 $250,000.00 in actual pain and
suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
C. Past Unreimbursable Expenses
Evidence supplied by petitioner documents her expenditure of past unreimbursable
expenses related to her vaccine-related injury. Respondent proffers that petitioner should be
awarded past unreimbursable expenses in the amount of $85,374.47. 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 Special Master’s decision and the Court’s judgment award the following:1
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-01963-UNJ Document 57 Filed 06/15/22 Page 5 of 8
A. A lump sum payment of $477,977.93, representing compensation for life care
expenses expected to be incurred during the first year after judgment ($142,603.46), pain and
suffering ($250,000.00), and past unreimbursable expenses ($85,374.47) in the form of a check
payable to petitioner, Virginia Bennett.
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,
Virginia Bennett, 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
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-01963-UNJ Document 57 Filed 06/15/22 Page 6 of 8
describe only the total yearly sum to be paid to petitioner and do not require that the payment be
made in one annual installment.
1. Growth Rate
Respondent proffers that a four percent (4%) growth rate should be applied to all non-
medical life care items, and a five percent (5%) growth rate should be applied to all medical 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 non-medical items, and five percent (5%) compounded annually from the date of
judgment for medical 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, Virginia Bennett, 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 Virginia Bennett’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, Virginia Bennett: $477,977.93
B. An amount sufficient to purchase the annuity contract described
above in section II.B.
4

CCaassee 11::1199--vvvv--0011996633--UUNNJJ DDooccuummeenntt 5517 FFiilleedd 0056//2105//2222 PPaaggee 57 ooff 58
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
LARA A. ENGLUND
Assistant Director
Torts Branch, Civil Division
s/ Debra A. Filteau Begley
DEBRA A. FILTEAU BEGLEY
Senior 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) 616-4181
Debra.Begley@usdoj.gov
Dated: May 19, 2022
5

Case 1:19-vv-01963-UNJ Document 57 Filed 06/15/22 Page 8 of 8
Appendix A: Items of Compensation for Virginia Bennett Page 1 of 1
Lump Sum
Compensation Compensation
ITEMS OF COMPENSATION G.R. * M Year 1 Years 2-Life
2022 2023-Life
AARP Medicare Adv MOP 5% 3,900.00 3,900.00
Primary Care Physician 5% *
Neurology 5% *
PM&R 5% *
ENT/ Audiological Eval 5% *
Opthalmology Eval 5% *
Urology 5% *
EMG/ NCS 5% *
B12/ HCTZ 5% *
IVIG 5% *
Alpha Lipoic Acid 4% 68.00 68.00
Home Health Aide 4% M 118,260.00 118,260.00
Nursing Visits 4% M 3,360.00 3,360.00
Case Mngt 4% M 2,430.00 2,430.00
ST 4% *
PT 4% *
OT 4% *
Braun EVO Seat Lift 4% 9,499.00
Scooter Lift 4% 1,294.99
Bed Rails 4% 138.23 19.75
Hosptial Bed 4% *
Walker 4% 186.00 37.20
Manual WC w/ Cushion 4% *
Scooter/ Power WC 4% 1,695.00 242.14
Scooter Maint 4% 145.39 145.39
Scooter Batteries 4% 84.86 84.86
Portable Ramp 4% 404.00 40.40
Bidet 4% 250.00
Shower Chair 4% 124.00 24.80
Handheld Shower 4% 36.59 3.66
Grab Bars 4% 125.00 12.50
Pill Box 4% 13.00 2.60
Lifeline 4% M 589.40 539.40
Pain and Suffering 250,000.00
Past Unreimbursable Expenses 85,374.47
Annual Totals 477,977.93 129,170.70
Note: Compensation Year 1 consists of the 12 month period following the date of judgment.
Compensation Year 2 consists of the 12 month period commencing on the first anniversary of the date of judgment.
As soon as practicable after entry of judgment, respondent shall make the following payment to petitioner for Yr 1 life care
expenses ($142,603.46), pain and suffering ($250,000.00), and past unreimbursable
expenses ($85,374.47): $477,977.93.
Annual amounts payable through an annuity for future Compensation Years follow the anniversary of the date of judgment.
Annual amounts shall increase at the rates indicated above in column G.R., compounded annually from the date of judgment.
Items denoted with an asterisk (*) covered by health insurance and/or Medicare.
Items denoted with an "M" payable in twelve monthly installments totaling the annual amount indicated.