VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00332 Package ID: USCOURTS-cofc-1_20-vv-00332 Petitioner: Mary Rybicki Filed: 2020-03-24 Decided: 2022-11-15 Vaccine: influenza Vaccination date: 2019-09-25 Condition: Guillain-Barré Syndrome (GBS) Outcome: compensated Award amount USD: 225000 AI-assisted case summary: Mary Rybicki filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered Guillain-Barré Syndrome (GBS) caused by an influenza vaccine she received on September 25, 2019. The petition stated that she received the vaccine in the United States, suffered residual effects for more than six months, and had not filed any civil suit or received compensation for her GBS. The case was assigned to the Special Processing Unit. Respondent filed a combined Rule 4(c) Report and Proffer, conceding that Petitioner was entitled to compensation. Respondent believed that Petitioner satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation, and agreed that all statutory and jurisdictional requirements for compensation had been met. Based on Respondent's concession and the evidence, the Chief Special Master issued a ruling on entitlement. Subsequently, a decision awarding damages was issued. Respondent's Rule 4(c) Report and Proffer indicated that Petitioner should be awarded $225,000.00 for her pain and suffering, and Petitioner agreed with this proffered award. The Chief Special Master awarded Petitioner a lump sum payment of $225,000.00 for her pain and suffering. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-00332-0 Date issued/filed: 2022-11-14 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 10/12/2022) regarding 54 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-00332-UNJ Document 59 Filed 11/14/22 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-0332V UNPUBLISHED MARY RYBICKI, Chief Special Master Corcoran Petitioner, Filed: October 12, 2022 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on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. Bradley S. Freedberg, Bradley S. Freedberg, PC, Denver, CO, for Petitioner. Martin Conway Galvin, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On March 24, 2020, Mary Rybicki 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 by the influenza vaccine she received on September 25, 2019. Petition at 1, ¶ 2- 4. Petitioner further alleges that she received the vaccine within the United States, that she has suffered the residual effects of her GBS for more than six months, and that neither she nor any other party has filed a civil case or received compensation for her GBS. Id. at ¶¶ 2, 4-5. 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Case 1:20-vv-00332-UNJ Document 59 Filed 11/14/22 Page 2 of 2 On October 12, 2022, Respondent filed a combined Rule 4(c) Report and Proffer in which he concedes that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report and Proffer at 1. 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. at 6. Respondent further agrees that all statutory and jurisdictional requirements for compensation have been met. Id. at 7. 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-00332-1 Date issued/filed: 2022-11-15 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 10/12/2022) regarding 55 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-00332-UNJ Document 62 Filed 11/15/22 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-0332V UNPUBLISHED MARY RYBICKI, Chief Special Master Corcoran Petitioner, Filed: October 12, 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. Bradley S. Freedberg, Bradley S. Freedberg, PC, Denver, CO, for Petitioner. Martin Conway Galvin, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On March 24, 2020, Mary Rybicki 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 by the influenza vaccine she received on September 25, 2019. Petition at 1, ¶ 2- 4.The case was assigned to the Special Processing Unit of the Office of Special Masters. On October 12, 2022, a ruling on entitlement was issued, finding Petitioner entitled to compensation for her SIRVA. In this case, Respondent filed a combined Rule 4(c) Report and Proffer on award of compensation (“Rule 4(c) Report and Proffer”) indicating Petitioner should be awarded $225,000.00 for her pain and suffering. Rule 4(c) Report and Proffer at 7. In the Proffer, Respondent represented that Petitioner agrees with the 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 1:20-vv-00332-UNJ Document 62 Filed 11/15/22 Page 2 of 2 proffered award. Id. Based on the record as a whole, I find that Petitioner is entitled to an award as stated in the Rule 4(c) Report and Proffer. Pursuant to the terms stated in combined Rule 4(c) Report and Proffer,3 I award Petitioner a lump sum payment of $225,000.00, representing compensation for her pain and suffering 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 Court is directed to enter judgment in accordance with this decision.4 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 Because the Rule 4(c) Report and Proffer contains detailed medical information, it will not be filed as an attachment to this Decision. 4 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