VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00644 Package ID: USCOURTS-cofc-1_20-vv-00644 Petitioner: Edward Braddock Jones, III Filed: 2020-12-15 Decided: 2021-02-08 Vaccine: influenza Vaccination date: 2019-10-15 Condition: Guillain-Barré syndrome (GBS) Outcome: compensated Award amount USD: 375000 AI-assisted case summary: Edward Braddock Jones III, an adult, received an influenza vaccine on October 15, 2019. He subsequently developed Guillain-Barré syndrome (GBS), which caused his death. His estate, represented by Pamela Garstkiewicz, filed a petition for compensation under the National Vaccine Injury Compensation Program. The respondent conceded that Mr. Jones's condition met the criteria for a Table injury, specifically GBS with onset between three and forty-two days after a seasonal flu vaccination, and that there was no apparent alternative cause. An entitlement ruling was issued on December 15, 2020, finding the estate entitled to compensation. Subsequently, on February 8, 2021, a decision awarding damages was issued based on a proffer. The estate was awarded a total of $375,000.00, comprising $125,000.00 for pain and suffering and $250,000.00 for the statutory death benefit. The respondent and petitioner agreed to this award amount. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-00644-0 Date issued/filed: 2021-02-05 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 12/15/2020) regarding 23 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-00644-UNJ Document 32 Filed 02/05/21 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-0644V UNPUBLISHED PAMELA GARSTKIEWICZ, as Chief Special Master Corcoran executor of Estate of Edward Braddock Jones, III, Filed: December 15, 2020 Petitioner, Special Processing Unit (SPU); v. Ruling on Entitlement; Concession; Table Injury; Influenza (Flu) Vaccine; SECRETARY OF HEALTH AND Guillain-Barre Syndrome (GBS) HUMAN SERVICES, Respondent. David John Carney, Green & Schafle LLC, Philadelphia, PA, for Petitioner. Zoe Wade, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On May 26, 2020, Pamela Garstkiewicz, as executor of the estate of Edward Braddock Jones III 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 Mr. Jones developed Guillain-Barré syndrome (“GBS”), which caused his death, as a result of an influenza (“flu”) vaccine that was administered on October 15, 2019. 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-00644-UNJ Document 32 Filed 02/05/21 Page 2 of 2 On December 14, 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 states that “[P]etitioner has satisfied the criteria set forth in the recently revised Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation (“QAI”), which afford [P]etitioner a presumption of causation if onset of GBS occurs between three and forty-two days after a seasonal flu vaccination and there is no apparent alternative cause.” Id. at 6. 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-00644-1 Date issued/filed: 2021-02-08 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 12/21/2020) regarding 27 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-00644-UNJ Document 33 Filed 02/08/21 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-0644V UNPUBLISHED PAMELA GARSTKIEWICZ, as Chief Special Master Corcoran executor of Estate of Edward Braddock Jones, III, Filed: December 21, 2020 Petitioner, Special Processing Unit (SPU); v. Damages Decision Based on Proffer; Influenza (Flu) Vaccine; Guillain- SECRETARY OF HEALTH AND Barre Syndrome (GBS) HUMAN SERVICES, Respondent. David John Carney, Green & Schafle LLC, Philadelphia, PA, for Petitioner. Zoe Wade, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On May 26, 2020, Pamela Garstkiewicz, as executor of the estate of Edward Braddock Jones III 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 Mr. Jones developed Guillain-Barré syndrome (“GBS”), which caused his death, as a result of an influenza (“flu”) vaccine that was administered on October 15, 2019. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On December 15, 2020, a ruling on entitlement was issued, finding Petitioner, as executor of the estate of Edward Braddock Jones III, and on behalf of said estate, entitled 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-00644-UNJ Document 33 Filed 02/08/21 Page 2 of 4 to compensation. On December 18, 2020, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner, as executor of the estate of Edward Braddock Jones III, and on behalf of said estate, should be awarded $375,000.00 (comprised of $125,000.00 for pain and suffering and $250,000.00 for the statutory death benefit). Proffer at 1-2. 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 $375,000.00 (comprised of $125,000.00 for pain and suffering and $250,000.00 for the statutory death benefit) in the form of a check payable to Petitioner. This amount represents compensation for all damages that would be available under § 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-00644-UNJ Document 33 Filed 02/08/21 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS __________________________________________ ) PAMELA GARSTKIEWICZ, as ) Executor of the Estate of Edward Braddock ) Jones, III, deceased, ) ) Petitioner, ) ) No. 20-644 (ECF) v. ) Chief Special Master Corcoran ) SECRETARY OF HEALTH ) AND HUMAN SERVICES, ) ) Respondent. ) __________________________________________) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION I. Procedural History On May 26, 2020, Pamela Garstkiewicz, as executor of the estate of Edward Braddock Jones III (“petitioner”) filed a petition for compensation 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 (“flu”) vaccine on October 15, 2019, Mr. Jones developed Guillain- Barré Syndrome (“GBS”) which caused his death. See Petition. On December 14, 2020, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that this case is appropriate for compensation under the terms of the Act. ECF No. 22. On December 15, 2020, this Court issued its Ruling on Entitlement. ECF No. 23. II. Items of Compensation Based upon the evidence of record, respondent proffers that petitioner, as executor of the estate of Edward Braddock Jones III, and on behalf of said estate, should be awarded a lump sum of $375,000.00 ($125,000.00 for pain and suffering, and $250,000.00 for the statutory death Case 1:20-vv-00644-UNJ Document 33 Filed 02/08/21 Page 4 of 4 benefit). This amount represents 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 Respondent recommends that compensation provided to petitioner should be made through a lump sum payment of $375,000.00, in the form of a check payable to petitioner. Petitioner agrees. Petitioner is a competent adult. Evidence of guardianship is not required in this case. Respectfully submitted, JEFFERY BOSSERT CLARK Acting Assistant Attorney General C. SALVATORE D’ALESSIO Acting Director Torts Branch, Civil Division CATHARINE E. REEVES Deputy Director Torts Branch, Civil Division ALEXIS B. BABCOCK Assistant Director Torts Branch, Civil Division s/ Zoë Wade ZOË WADE Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146, Ben Franklin Station Washington, D.C. 20044-0146 Tel: (202) 616-4118 Fax: (202) 616-4310 Email: zoe.wade@usdoj.gov Dated, December 18, 2020. 2