VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00580 Package ID: USCOURTS-cofc-1_20-vv-00580 Petitioner: Danielle Cooley Filed: 2021-01-21 Decided: 2022-01-18 Vaccine: influenza Vaccination date: 2018-10-10 Condition: Guillain-Barré Syndrome (GBS) Outcome: compensated Award amount USD: 107394 AI-assisted case summary: Danielle Cooley filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered Guillain-Barré Syndrome (GBS) as a result of an influenza vaccination administered on October 10, 2018. The case was assigned to the Special Processing Unit. Respondent conceded that Petitioner is entitled to compensation, concluding that she suffered GBS following a flu vaccine within the Table time period and that there was no evidence of an unrelated cause. Respondent also agreed that the claim met the statutory severity requirements because Petitioner experienced sequelae of her GBS for more than six months. Based on Respondent's concession and the evidence, entitlement to compensation was granted. Subsequently, a damages decision was issued based on a proffer. Respondent recommended an award of $107,394.86, which Petitioner agreed to. This award comprised $100,000.00 for pain and suffering and $7,394.86 for past unreimbursable expenses. The Chief Special Master awarded Petitioner the lump sum of $107,394.86. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-00580-0 Date issued/filed: 2021-03-03 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 01/21/2021) regarding 19 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-00580-UNJ Document 23 Filed 03/03/21 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-0580V UNPUBLISHED DANIELLE COOLEY, Chief Special Master Corcoran Petitioner, Filed: January 21, 2021 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on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. Christine Mary Becer, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 On May 11, 2020, Danielle Cooley 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) as a result of an influenza (“flu”) vaccination administered on October 10, 2018. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On January 20, 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 has “concluded that petitioner suffered GBS following a flu vaccine within the Table time period, and there is not a preponderance of the medical 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-00580-UNJ Document 23 Filed 03/03/21 Page 2 of 2 evidence that petitioner’s GBS was due to a factor unrelated to the vaccination.” Id. at 3. Respondent further agrees that “[t]he claim also meets the statutory severity requirements because petitioner experienced sequelae of her GBS for more than six months.” 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-00580-1 Date issued/filed: 2022-01-18 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 12/13/2021) regarding 32 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-00580-UNJ Document 36 Filed 01/18/22 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-0580V UNPUBLISHED DANIELLE COOLEY, Chief Special Master Corcoran Petitioner, Filed: December 13, 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 Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Christine Becer, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On May 11, 2020, Danielle Cooley 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) as a result of an influenza (“flu”) vaccination administered on October 10, 2018. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On January 21, 2021, a ruling on entitlement was issued, finding Petitioner entitled to compensation for GBS resulting from a flu vaccine. On December 13, 2021, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $107,394.86. 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. 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-00580-UNJ Document 36 Filed 01/18/22 Page 2 of 5 Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $107,394.86 in the form of a check payable to Petitioner. This award is comprised of: (1) $100,000.00 in pain and suffering and (2) $7,394.86 in past unreimbursable expenses. Proffer at 2. These amounts represent 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-00580-UNJ Document 36 Filed 01/18/22 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ____________________________________ ) DANIELLE COOLEY, ) ) Petitioner, ) ) No. 20-580V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND ) HUMAN SERVICES, ) ) Respondent. ) ____________________________________) PROFFER ON AWARD OF COMPENSATION1 I. Procedural History On May 11, 2020, Danielle Cooley (“petitioner”), filed a petition seeking compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34, as amended (“Vaccine Act” or “Act”), for an injury petitioner allegedly sustained as a result of an influenza (“flu”) vaccination administered on October 10, 2018. See Petition. On January 20, 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. See ECF No. 18. On January 21, 2021, Chief Special Master Corcoran issued a ruling on entitlement, finding that petitioner was entitled to compensation for a GBS Table injury. See ECF No. 19. 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-00580-UNJ Document 36 Filed 01/18/22 Page 4 of 5 II. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $100,000.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. B. Past Unreimbursable Expenses Evidence supplied by petitioner documents that she incurred past unreimbursable expenses related to her vaccine-related injury. Respondent proffers that petitioner should be awarded past unreimbursable expenses of $7,394.86. See 42 U.S.C. § 300aa-15(a)(1)(B). Petitioner agrees. The above amounts represent all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. III. Form of the Award Petitioner is a competent adult. Evidence of guardianship is not required in this case. 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 following2: a lump sum payment of $107,394.86, in the form of a check payable to petitioner. IV. Summary of Recommended Payments Following Judgment Lump sum payable to petitioner, Danielle Cooley: $107,394.86 2 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 pain and suffering. 2 Case 1:20-vv-00580-UNJ Document 36 Filed 01/18/22 Page 5 of 5 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 DARRYL R. WISHARD Assistant Director Torts Branch, Civil Division s/Christine Mary Becer CHRISTINE MARY BECER 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) 616-3665 Christine.m.becer@usdoj.gov Date: December 13, 2021 3