VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00124 Package ID: USCOURTS-cofc-1_20-vv-00124 Petitioner: Dorothy Stradford Filed: 2020-02-04 Decided: 2021-12-17 Vaccine: influenza Vaccination date: 2018-10-01 Condition: Guillain Barre Syndrome (GBS) Outcome: compensated Award amount USD: 190169 AI-assisted case summary: Dorothy Stradford filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered from Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine she received on October 1, 2018. The case was assigned to the Special Processing Unit. Respondent filed a Rule 4(c) report conceding that Ms. Stradford is entitled to compensation. Respondent agreed that she satisfied the criteria set forth in the Vaccine Injury Table, including the timeframe for GBS onset after a seasonal flu vaccination, and that there was no apparent alternative cause. The respondent further agreed that the medical records demonstrated residual effects of her GBS for more than six months and that she had satisfied all legal prerequisites for compensation. Based on the respondent's concession and the evidence, the Chief Special Master issued a ruling on entitlement, finding Ms. Stradford entitled to compensation. Subsequently, a decision awarding damages was issued. Respondent filed a proffer on award of compensation, indicating that Ms. Stradford should be awarded a total of $190,169.55, which included $185,000.00 for pain and suffering, $1,076.56 for past medical expenses, and $4,092.99 for a past-due balance on a medical bill. Ms. Stradford agreed with the proffered award. The court awarded the total amount of $190,169.55, to be paid through two lump sum payments: one for the medical bill balance payable jointly to Ms. Stradford and Certified Credit & Collection, and the other for the remaining damages payable to Ms. Stradford. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-00124-0 Date issued/filed: 2021-08-24 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 07/23/2021) regarding 28 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-00124-UNJ Document 30 Filed 08/24/21 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-0124V UNPUBLISHED DOROTHY STRADFORD, Chief Special Master Corcoran Petitioner, Filed: July 23, 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. Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for petitioner. Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 On February 4, 2020, Dorothy Stradford 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”) as a result of an influenza (“flu”) vaccine received on October 1, 2018. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On July 23, 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 Vaccine Injury Table and the Qualifications and Aids to Interpretation, which affords 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-00124-UNJ Document 30 Filed 08/24/21 Page 2 of 2 petitioner a presumption of causation if onset of 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 “the medical records demonstrate that petitioner has experienced the residual effects of her GBS for more than six months . . . [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-00124-1 Date issued/filed: 2021-12-17 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 11/16/2021) regarding 34 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-00124-UNJ Document 38 Filed 12/17/21 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-0124V UNPUBLISHED DOROTHY STRADFORD, Chief Special Master Corcoran Petitioner, Filed: November 16, 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. Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On February 4, 2020, Dorothy Stradford 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”) as a result of an influenza vaccine received on October 1, 2018. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On July 23, 2021, a ruling on entitlement was issued, finding Petitioner entitled to compensation for GBS. On November 15, 2021, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded a total of $190,169.55, as further detailed below. Proffer at 1. 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Case 1:20-vv-00124-UNJ Document 38 Filed 12/17/21 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 the following: • A lump sum payment of $4,092.99, representing the balance due for Petitioner’s past medical treatment received at Overlook Hospital, in the form of a check payable jointly to Petitioner and Certified Credit & Collection P.O. Box 1750 Whitehouse Station, NJ 08889 Petitioner agrees to endorse this payment to Certified Credit & Collection; and • A lump sum of $186,076.56 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-00124-UNJ Document 38 Filed 12/17/21 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS DOROTHY STRADFORD Petitioner, v. No. 20-124V Chief Special Master Corcoran (SPU) SECRETARY OF HEALTH AND ECF HUMAN SERVICES, Respondent. PROFFER ON AWARD OF COMPENSATION I. Procedural History On February 4, 2020, Dorothy Stradford (“petitioner”) filed a petition for compensation (“petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to - 34, as amended. Petitioner alleges that, as a result of receiving the influenza vaccine on October 1, 2018, she suffered from Guillain-Barre Syndrome (“GBS”). See Petition at Preamble. On July 23, 2021, respondent filed his Vaccine Rule 4(c) report, concluding that petitioner suffered GBS as defined by the Vaccine Injury Table, within the Table timeframe, and the Chief Special Master Corcoran issued a ruling on entitlement, finding that petitioner was entitled to compensation for a GBS Table injury. ECF No. 26; ECF No. 28. II. Items of Compensation Based upon the evidence of record, respondent proffers that petitioner should be awarded $190,169.55, for all damages, including $185,000.00 representative of pain and suffering, $1,076.56 representative of incurred out-of-pocket medical and related expenses, and $4,092.99 representative of a past-due balance on petitioner’s medical bill. This amount represents all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. Case 1:20-vv-00124-UNJ Document 38 Filed 12/17/21 Page 4 of 5 III. Form of the Award Respondent recommends that the compensation provided to petitioner should be made through two lump sum payments, as described below, and requests that the Chief Special Master’s decision and the Court’s judgment award the following: • a lump sum of $4,092.99, representing the balance due for petitioner’s past medical treatment received at Overlook Hospital, in the form of a check payable jointly to petitioner and Certified Credit & Collection PO Box 1750, Whitehouse Station, NJ 08889. Petitioner agrees to endorse this payment to Certified Credit & Collection; and • a lump sum of $186,076.56 in the form of a check payable to petitioner.1 This amount represents compensation for all remaining damages that would be available under 42 U.S.C. § 300aa-15(a). Petitioner is a competent adult. Evidence of guardianship is not required in this case. 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 1Should petitioner die prior to entry of judgment, respondent would oppose any award for future medical expenses, future lost earnings, and future pain and suffering, and the parties reserve the right to move the Court for appropriate relief. 2 Case 1:20-vv-00124-UNJ Document 38 Filed 12/17/21 Page 5 of 5 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 Email: adriana.teitel@usdoj.gov Dated: November 15, 2021 3