VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00844 Package ID: USCOURTS-cofc-1_20-vv-00844 Petitioner: Kyle Mattox Filed: 2021-02-17 Decided: 2023-01-06 Vaccine: influenza Vaccination date: 2019-10-15 Condition: Guillain-Barre Syndrome (GBS) Outcome: compensated Award amount USD: 299999 AI-assisted case summary: Kyle Mattox filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine received on October 15, 2019. The case was initially assigned to the Special Processing Unit, and Respondent conceded entitlement, agreeing that Petitioner satisfied the criteria set forth in the Vaccine Injury Table for a Table injury. A ruling on entitlement was issued on February 17, 2021, granting compensation. Subsequently, the parties filed a joint stipulation on damages. Although Respondent initially determined that Petitioner sustained a GBS Table injury, they later denied that the flu vaccine caused his alleged injury or any other condition. Following an order from the Chief Special Master to move for relief from the entitlement ruling unless a settlement was reached, the parties submitted a stipulation. Based on this stipulation, the court awarded Kyle Mattox a total of $299,999.00 in compensation. This amount included a lump sum of $233,811.87 payable to Petitioner, $12,215.52 to reimburse a Medicaid lien for services rendered by the State of Indiana, and $53,972.61 to reimburse a Medicaid lien for services rendered by the State of Kentucky. These amounts represent compensation for all damages available under Section 15(a) of the Vaccine Act. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-00844-0 Date issued/filed: 2021-03-19 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 02/17/2021) regarding 20 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-00844-UNJ Document 26 Filed 03/19/21 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-0844V UNPUBLISHED KYLE MATTOX, Chief Special Master Corcoran Petitioner, Filed: February 17, 2021 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on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. David John Carney, Green & Schafle LLC, Philadelphia, PA, for petitioner. Terrence Kevin Mangan, Jr., U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 On July 13, 2020, Kyle Mattox 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 he suffered from Guillain-Barre Syndrome (“GBS”) as a result of an influenza (“flu”) vaccine received on October 15, 2019. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On February 16, 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 (“Table”) and the Qualifications and Aids to Interpretation (“QAI”), 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-00844-UNJ Document 26 Filed 03/19/21 Page 2 of 2 which afford petitioner a presumption of causation if the onset occurs between three and forty-two days after a seasonal flu vaccination and there is no apparent alternative cause.” Id. at 4-5. 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-00844-1 Date issued/filed: 2023-01-06 Pages: 9 Docket text: PUBLIC DECISION (Originally filed: 12/02/2022) regarding 53 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-00844-UNJ Document 59 Filed 01/06/23 Page 1 of 9 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-0844V UNPUBLISHED KYLE MATTOX, Chief Special Master Corcoran Petitioner, Filed: December 2, 2022 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on Damages; Influenza HUMAN SERVICES, (Flu) Vaccine; Guillain-Barre Syndrome (GBS) Respondent. David John Carney, Green & Schafle LLC, Philadelphia, PA, for Petitioner. Terrence Kevin Mangan, Jr., U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On July 13, 2020, Kyle Mattox 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 he suffered Guillain-Barre Syndrome (“GBS”) caused by an influenza (“flu”) vaccine received on October 15, 2019. Petition at 1; Stipulation, filed December 1, 2022, at ¶¶ 2-4. Petitioner further alleges that the vaccine was administered in the United States, he experienced residual effects of his alleged injury for more than six months, and there has been no prior award or settlement of a civil action for damages on his behalf as a result of his condition. Petition at ¶¶ 3, 26, 29, 30; Stipulation at ¶¶ 3- 5. The Stipulation states: Respondent initially determined that petitioner suffered GBS within the Table time period, and the Chief Special Master entered an entitlement 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-00844-UNJ Document 59 Filed 01/06/23 Page 2 of 9 decision for petitioner on February 17, 2021. On the basis of subsequently submitted records, respondent now denies that petitioner sustained a GBS Table injury; denies that the flu vaccine caused his alleged injury or any other injury or condition; and denies that his current condition is a sequelae of a vaccine-related injury. On August 2, 2022, the Chief Special Master ordered respondent to move for relief from the Ruling on Entitlement unless the parties were able to reach a settlement agreement. Stipulation at ¶ 6. Nevertheless, on December 1, 2022, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the stipulation reasonable and adopt it as my decision awarding damages, on the terms set forth therein. Pursuant to the terms stated in the attached Stipulation, I award the following compensation: • A lump sum of $233,811.87 in the form of a check payable to Petitioner; and • A lump sum of $12,215.52, representing reimbursement of a Medicaid lien for services rendered to Petitioner by the State of Indiana, in the form of a check payable jointly to Petitioner and The Rawlings Company: and The Rawlings Company ATTN: Robin M. Meed Reference No.: 100842485 P.O. Box 2000 La Grange, KY 40031-2000 • A lump sum of $53,972.61, representing reimbursement of a Medicaid lien for services rendered to Petitioner by the State of Kentucky, in the form of a check payable jointly to Petitioner and Claims Recovery Services, Federal Tax Identification Number 41-1858498, File Number SN25512807: Claims Recovery Services L-3994 Columbus, OH 43260-3994 Tax ID: 41-1858498 File No: SN25512807 Petitioner agrees to endorse these checks to The Rawlings Company and Claims Recovery Services, respectively. These amounts represent compensation for all damages that would be available under Section 15(a). Id. Stipulation at ¶ 8. 2 Case 1:20-vv-00844-UNJ Document 59 Filed 01/06/23 Page 3 of 9 I approve the requested amount for Petitioner’s compensation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of 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. 3 Case 1:20-vv-00844-UNJ Document 59 Filed 01/06/23 Page 4 of 9 Case 1:20-vv-00844-UNJ Document 59 Filed 01/06/23 Page 5 of 9 Case 1:20-vv-00844-UNJ Document 59 Filed 01/06/23 Page 6 of 9 Case 1:20-vv-00844-UNJ Document 59 Filed 01/06/23 Page 7 of 9 Case 1:20-vv-00844-UNJ Document 59 Filed 01/06/23 Page 8 of 9 Case 1:20-vv-00844-UNJ Document 59 Filed 01/06/23 Page 9 of 9