VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01111 Package ID: USCOURTS-cofc-1_20-vv-01111 Petitioner: Kathleen Beldon Filed: 2021-05-10 Decided: 2022-01-19 Vaccine: influenza Vaccination date: 2018-09-13 Condition: Guillain-Barré Syndrome (GBS) Outcome: compensated Award amount USD: 92490 AI-assisted case summary: Kathleen Beldon filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered Guillain-Barré Syndrome (GBS) caused by the influenza vaccine she received on September 13, 2018. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Beldon is entitled to compensation. The respondent specifically stated that her condition satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation. Based on this concession and the evidence of record, the Chief Special Master issued a ruling on entitlement, finding Ms. Beldon eligible for compensation. Subsequently, the parties submitted a proffer on the award of compensation. The respondent proposed an award of $92,490.00, comprising $90,000.00 for pain and suffering and $2,490.00 for unreimbursed medical expenses. Ms. Beldon agreed with this proposed award. The court accepted the proffer and awarded Ms. Beldon a lump sum payment of $92,490.00, representing compensation for all damages available under the Act. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01111-0 Date issued/filed: 2021-06-10 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 05/10/2021) regarding 27 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01111-UNJ Document 29 Filed 06/10/21 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1111V UNPUBLISHED KATHLEEN BELDON, Chief Special Master Corcoran Petitioner, Filed: May 10, 2021 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on Entitlement;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. Simina Vourlis, Law Offices of Simina Vourlis, Columbus, OH, for Petitioner. Mark Kim Hellie, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On September 1, 2020, Kathleen Beldon filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). In order to correct the misspelling of her first name, Petitioner filed an amended petition on April 21, 2021. ECF No. 20. Petitioner alleges that she suffered Guillain-Barré Syndrome (“GBS”) caused-in-fact by the influenza (“flu”) vaccine she received on September 13, 2018. Petition at 1, ¶¶ 1, 50. Petitioner further alleges that she received the vaccine in the United States, that she suffered the residual effects of her GBS for more than six months, and that neither she nor any other party has filed a civil action or received compensation for her GBS, alleged as vaccine caused. Id. at ¶¶1, 51, 54-55. 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-01111-UNJ Document 29 Filed 06/10/21 Page 2 of 2 On May 10, 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 states that “[i]t is [his] position 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. 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-01111-1 Date issued/filed: 2022-01-19 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 12/15/2021) regarding 37 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01111-UNJ Document 41 Filed 01/19/22 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1111V UNPUBLISHED KATHLEEN BELDON, Chief Special Master Corcoran Petitioner, Filed: December 15, 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. Simina Vourlis, Law Offices of Simina Vourlis, Columbus, OH, for Petitioner. Mark Kim Hellie, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On September 1, 2020, Kathleen Beldon filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). In order to correct the misspelling of her first name, Petitioner filed an amended petition on April 21, 2021. ECF No. 20. Petitioner alleges that she suffered Guillain-Barré Syndrome (“GBS”) caused-in-fact by the influenza (“flu”) vaccine she received on September 13, 2018. Petition at 1, ¶¶ 1, 50. The case was assigned to the Special Processing Unit of the Office of Special Masters. On May 10, 2021, a ruling on entitlement was issued, finding Petitioner entitled to compensation for her GBS. On December 15, 2021, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $92,490.00, representing compensation in the amount of $90,000.00 for her pain and suffering and 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-01111-UNJ Document 41 Filed 01/19/22 Page 2 of 5 $2,490.00 for her unreimbursed, out-of-pocket medical expenses. Proffer at 1. In the Proffer, Respondent represented that Petitioner agrees with the proffered award. Id. at 2. 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 $92,490.00, representing compensation in the amount of $90,000.00 for her pain and suffering and $2,490.00 for her unreimbursable 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 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-01111-UNJ Document 41 Filed 01/19/22 Page 3 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS KATHLEEN BELDON, Petitioner, Case No. 20-1111V (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 10, 2021, respondent filed a Vaccine Rule 4(c) report concluding that Kathleen Beldon (“petitioner”) suffered an injury that is compensable under the National Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C. §§ 300aa-10 to -34 (“the Act”). Accordingly, on May 10, 2021, the Chief Special Master issued a Ruling on Entitlement, finding that petitioner was entitled to compensation under the Act. II. Items of Compensation and Form of the Award Based upon the evidence of record, respondent proffers that petitioner should be awarded $92,490.00. The award is comprised of the following: $90,000.00 for pain and suffering and $2,490.00 for unreimbursed, out-of-pocket medical expenses. This amount represents all elements of compensation to which petitioner would be entitled under Case 1:20-vv-01111-UNJ Document 41 Filed 01/19/22 Page 4 of 5 42 U.S.C. § 300aa-15(a) regarding her September 13, 2018, influenza vaccination. Petitioner agrees.1 III. Form of the Award The parties recommend that compensation provided to petitioner should be made through a lump sum payment of $92,490.00, 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, 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 1 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 medical expenses, future lost earnings, and future pain and suffering. 2 Case 1:20-vv-01111-UNJ Document 41 Filed 01/19/22 Page 5 of 5 s/ Mark K. Hellie MARK K. HELLIE Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146, Benjamin Franklin Station Washington, D.C. 20044-0146 T: (202) 616-4208 E: mark.hellie@usdoj.gov DATED: December 15, 2021 3