VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01077
Package ID: USCOURTS-cofc-1_20-vv-01077
Petitioner: Linda Schweder
Filed: 2020-08-27
Decided: 2022-05-23
Vaccine: influenza
Vaccination date: 2018-10-08
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 251980

AI-assisted case summary:
Linda Schweder filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine she received on October 8, 2018. The respondent conceded that Ms. Schweder is entitled to compensation, agreeing that her condition met the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation, which afford a presumption of causation for GBS following a seasonal flu vaccination within a specific timeframe, provided there is no apparent alternative cause. Following the ruling on entitlement, the parties submitted a proffer on award of compensation. The respondent recommended an award of $251,980.66, which included $245,000.00 for pain and suffering and $6,980.66 for out-of-pocket medical and related expenses. Ms. Schweder agreed with this proffered award. The Chief Special Master issued a decision awarding Ms. Schweder the lump sum of $251,980.66.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01077-0
Date issued/filed: 2021-12-13
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/10/2021) regarding 32 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-01077-UNJ Document 35 Filed 12/13/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1077V
UNPUBLISHED
LINDA SCHWEDER, Chief Special Master Corcoran
Petitioner, Filed: November 10, 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.
Scott William Rooney, Nemes, Rooney, P.C., Farmington Hills, MI, for Petitioner.
Lauren Kells, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On August 27, 2020, Linda Schweder 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-Barre Syndrome (“GBS”) as
a result of an influenza (“flu”) vaccine received on October 8, 2018. Petition at ¶¶ 4, 25.
Petitioner further alleges that the vaccine was administered in the United States, her
condition has persisted for more than six months, and she has never filed a lawsuit or
accepted a settlement related to her injury. Petition at ¶¶ 5, 23, 24. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On November 9, 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 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-01077-UNJ Document 35 Filed 12/13/21 Page 2 of 2
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”),
which afford petitioner a presumption of causation if the 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

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DOCUMENT 2: USCOURTS-cofc-1_20-vv-01077-1
Date issued/filed: 2022-05-23
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 04/13/2022) regarding 42 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-01077-UNJ Document 48 Filed 05/23/22 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1077V
UNPUBLISHED
LINDA SCHWEDER, Chief Special Master Corcoran
Petitioner, Filed: April 13, 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.
Scott William Rooney, Nemes, Rooney P.C., Farmington Hills, MI, for Petitioner.
Lauren Kells, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On August 27, 2020, Linda Schweder 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)
resulting from the adverse effects of an influenza (flu) vaccination she received on
October 8, 2018. Petition at 2, 4. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On November 10, 2021, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for GBS. On April 13, 2022, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $251,980.66,
including $245,000.00 in pain and suffering and 6,980.66 for out-of-pocket medical and
related expenses. Proffer at 1. In the Proffer, Respondent represented that Petitioner
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-01077-UNJ Document 48 Filed 05/23/22 Page 2 of 4
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 $251,980.66, including $245,000.00 in pain and suffering and
6,980.66 for out-of-pocket medical and related expenses 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.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-01077-UNJ Document 48 Filed 05/23/22 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
LINDA SCHWEDER, )
)
Petitioner, )
) No. 20-1077V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On August 27, 2020, Linda Schweder (“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. She alleges that, as a result of receiving the influenza vaccine on October 8,
2018, she suffered from Guillain-Barre Syndrome (GBS). See Petition. On November 9, 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. ECF No. 31. On November 10, 2021,
Chief Special Master Corcoran issued a ruling on entitlement, finding that petitioner was entitled
to compensation for a GBS Table injury. ECF No. 32.
II. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
a lump sum of $251,980.66, for all damages, including $245,000.00 representative of pain and
suffering, and $6,980.66 representative of out-of-pocket medical and related expenses. This
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-01077-UNJ Document 48 Filed 05/23/22 Page 4 of 4
amount represents all elements of compensation to which petitioner is entitled under 42 U.S.C.
§300aa-15(a). Petitioner agrees.
III. Form of the Award
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 following: A lump sum payment of $251,980.66 in
the form of a check payable to petitioner.2 Petitioner agrees.
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C.SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
TRACI R. PATTON
Assistant Director
Torts Branch, Civil Division
/s/ Lauren Kells
LAUREN KELLS
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) 616-4187
DATED: April 13, 2022 Email: Lauren.Kells@usdoj.gov
2 Should 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