VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00076 Package ID: USCOURTS-cofc-1_20-vv-00076 Petitioner: Mark Chase, statutory beneficiary of Barbara Pauley-Chase Filed: 2020-01-23 Decided: 2021-11-24 Vaccine: influenza Vaccination date: 2018-10-17 Condition: Guillain-Barre syndrome (GBS) Outcome: compensated Award amount USD: 250000 AI-assisted case summary: Mark Chase, as the statutory beneficiary of his deceased wife, Barbara Pauley-Chase, filed a petition for compensation under the National Vaccine Injury Compensation Program on January 23, 2020. He alleged that Ms. Pauley-Chase developed Guillain-Barre syndrome (GBS) as a result of receiving influenza and pneumococcal conjugate vaccines on October 17, 2018. Tragically, Ms. Pauley-Chase subsequently died on December 22, 2018, from her GBS. The respondent, represented by Adriana Ruth Teitel of the U.S. Department of Justice, filed a Rule 4(c) report on June 14, 2021, conceding that Ms. Pauley-Chase suffered a GBS injury that is presumed to be vaccine-related under the Vaccine Injury Table, occurring within the Table timeframe, and that there was no apparent alternative cause. The respondent further agreed that Ms. Pauley-Chase died as a result of her GBS and had satisfied all legal prerequisites for compensation. On June 15, 2021, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding Petitioner entitled to compensation. Subsequently, on October 15, 2021, the respondent filed a proffer on award of compensation, proposing an award of $250,000.00, which the petitioner agreed to. On November 24, 2021, Chief Special Master Corcoran issued a decision awarding Mr. Chase a lump sum payment of $250,000.00, payable by check to the petitioner, representing compensation for all damages available under Section 15(a) of the Vaccine Act. The public decision does not describe the onset of symptoms, specific clinical details of Ms. Pauley-Chase's GBS, diagnostic tests performed, or treatments received. Petitioner was represented by Stephen I. Leshner of Stephen I. Leshner, P.C. Theory of causation field: Petitioner Mark Chase, as statutory beneficiary of Barbara Pauley-Chase, alleged that Ms. Pauley-Chase suffered Guillain-Barre syndrome (GBS) and subsequent death as a result of influenza and pneumococcal conjugate vaccines received on October 17, 2018. The respondent conceded that Ms. Pauley-Chase suffered a GBS injury that satisfies the criteria set forth in the revised Vaccine Injury Table, affording a presumption of onset if GBS occurs between three and forty-two days after receipt of a seasonal flu vaccination with no apparent alternative cause. The respondent also agreed that Ms. Pauley-Chase died as a result of her GBS. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on June 15, 2021, finding Petitioner entitled to compensation. A stipulation for award was filed on October 15, 2021, and Chief Special Master Corcoran issued a decision on November 24, 2021, awarding a lump sum of $250,000.00 to Petitioner. The public text indicates the theory of causation is based on the Vaccine Injury Table. No specific medical experts or alternative causation theories were detailed in the provided public text. Petitioner was represented by Stephen I. Leshner, P.C., and Respondent was represented by Adriana Ruth Teitel of the U.S. Department of Justice. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-00076-0 Date issued/filed: 2021-07-16 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 06/15/2021) regarding 43 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-00076-UNJ Document 45 Filed 07/16/21 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS 20-0076 UNPUBLISHED MARK CHASE, statutory beneficiary of Chief Special Master Corcoran BARBARA PAULEY-CHASE, deceased, Filed: June 15, 2021 Petitioner, Special Processing Unit (SPU); v. Ruling on Entitlement; Concession; Table Injury; Influenza (Flu) Vaccine; SECRETARY OF HEALTH AND Pneumococcal Conjugate Vaccine; HUMAN SERVICES, Guillain-Barre Syndrome (GBS); Death Respondent. Stephen I. Leshner, Stephen I. Leshner, P.C., Phoenix, AZ, for petitioner. Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 On January 23, 2020, Mark Chase, statutory beneficiary of Barbara Pauley-Chase, deceased, 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 his wife, Ms. Pauley-Chase, suffered from Guillain-Barre syndrome (“GBS”) as a result of pneumococcal conjugate and influenza (“flu”) vaccines received on October 17, 2018, and that she subsequently died on December 22, 2018 as a result of her vaccine-related condition. Petition at 1. 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 1:20-vv-00076-UNJ Document 45 Filed 07/16/21 Page 2 of 2 On June 14, 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. Specifically, Respondent agrees that “petitioner has satisfied the criteria set forth in the revised Vaccine Injury Table and the Qualifications and Aids to Interpretation, which affords petitioner a presumption of onset if GBS occurs between three and forty-two days after receipt of a seasonal flu vaccination and there is no apparent alternative cause.” Id. at 6. Respondent further agrees that Ms. Pauley-Chase died as a result of her GBS, and has satisfied all legal prerequisites for compensation under the Act. 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_20-vv-00076-1 Date issued/filed: 2021-11-24 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 10/18/2021) regarding 49 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-00076-UNJ Document 55 Filed 11/24/21 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-0076V UNPUBLISHED MARK CHASE, statutory beneficiary of Chief Special Master Corcoran BARBARA PAULEY-CHASE, deceased, Filed: October 18, 2021 Petitioner, Special Processing Unit (SPU); v. Damages Decision Based on Proffer; Influenza (Flu) Vaccine; SECRETARY OF HEALTH AND Pneumococcal Conjugate Vaccine; HUMAN SERVICES, Guillain-Barre Syndrome (GBS); Death Respondent. Stephen I. Leshner, Stephen I. Leshner, P.C., Phoenix, AZ, for Petitioner. Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On January 23, 2020, Mark Chase, statutory beneficiary of Barbara Pauley-Chase, deceased, 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 his wife, Ms. Pauley-Chase, suffered from Guillain-Barre syndrome (“GBS”) as a result of pneumococcal conjugate and influenza vaccines received on October 17, 2018, and that she subsequently died on December 22, 2018 as a result of her vaccine- related condition. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. 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 1:20-vv-00076-UNJ Document 55 Filed 11/24/21 Page 2 of 4 On June 15, 2021, a ruling on entitlement was issued, finding Petitioner entitled to compensation for GBS and subsequent death. On October 15, 2021, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $250,000.00. Proffer at 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 $250,000.00 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 1:20-vv-00076-UNJ Document 55 Filed 11/24/21 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS MARK CHASE, Statutory Beneficiary of Barbara Pauley-Chase, deceased, Petitioner, No. 20-76V Chief Special Master Corcoran (SPU) v. ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. PROFFER ON AWARD OF COMPENSATION1 I. Procedural History On January 23, 2020, Mark Chase (“petitioner”) filed a petition for compensation (“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act” or “Act”), as amended, as the statutory beneficiary of Barbara Pauley-Chase. Petitioner alleges that Barbara Pauley-Chase (“BPC”) suffered from Guillain-Barré syndrome (“GBS”) as a result of an influenza (“flu”) vaccine and/or Prevnar13 vaccine administered on October 17, 2018, and that BPC died as a result of her GBS. Petition at 1. On June 14, 2021, respondent filed his Vaccine Rule 4(c) report, concluding that BPC suffered GBS as defined by the Vaccine Injury Table, within the Table timeframe. ECF No. 42. On June 15, 2021, a ruling on entitlement was issued, finding that petitioner was entitled to compensation for a GBS Table injury. ECF No. 43 1 This Proffer does not include attorneys’ fees and costs, which the parties intend to address after the Damages Decision is issued. Case 1:20-vv-00076-UNJ Document 55 Filed 11/24/21 Page 4 of 4 II. Items of Compensation Based upon the evidence of record, respondent proffers that petitioner should be awarded a lump sum of $250,000.00. This amount represents all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. III. Form of the Award 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: A lump sum payment of $250,000.00 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 Deputy Director Torts Branch, Civil Division TRACI R. PATTON Assistant Director Torts Branch, Civil Division s/ Adriana Teitel ADRIANA TEITEL Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146, Benjamin Franklin Station Washington, DC 20044-0146 Tel: (202) 616-3677 Dated: October 15, 2021 Email: adriana.teitel@usdoj.gov 2