VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01175 Package ID: USCOURTS-cofc-1_20-vv-01175 Petitioner: Lori Grady Filed: 2020-09-10 Decided: 2021-11-22 Vaccine: influenza Vaccination date: 2018-10-27 Condition: Guillain-Barre Syndrome (GBS) Outcome: compensated Award amount USD: 120392 AI-assisted case summary: Lori Grady filed a petition under the National Vaccine Injury Compensation Program on September 10, 2020, alleging that she suffered from Guillain-Barre Syndrome (GBS) as a result of an influenza vaccination she received on October 27, 2018. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on June 15, 2021, conceding that Ms. Grady is entitled to compensation. The respondent stated that medical personnel had reviewed the petition and medical records, and it was the respondent's position that Ms. Grady satisfied the criteria set forth in the Vaccine Injury Table and its Qualifications and Aids to Interpretation. On June 16, 2021, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding Ms. Grady entitled to compensation. Subsequently, on October 13, 2021, the parties filed a proffer on the award of compensation. The respondent proffered that Ms. Grady should be awarded a total of $120,392.33, which included $120,000.00 for pain and suffering and $392.33 for out-of-pocket medical and related expenses. The proffer indicated that Ms. Grady agreed with this award. On November 22, 2021, Chief Special Master Corcoran issued a decision awarding Ms. Grady a lump sum payment of $120,392.33, payable by check to Petitioner. The decision noted that this amount represented compensation for all damages available under Section 15(a) of the Vaccine Act. Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C. Respondent was represented by Matthew Murphy and later Terrence Kevin Mangan, Jr., both of the U.S. Department of Justice. Theory of causation field: Petitioner Lori Grady alleged that she suffered Guillain-Barre Syndrome (GBS) as a result of her October 27, 2018 influenza vaccination. The respondent conceded entitlement, agreeing that GBS is a Table injury and that Petitioner met the criteria outlined in the Vaccine Injury Table and its Qualifications and Aids to Interpretation. The public decision does not describe the specific medical onset, symptoms, tests, treatments, or expert testimony. The theory of causation is based on the Vaccine Injury Table. The award was a lump sum of $120,392.33, consisting of $120,000.00 for pain and suffering and $392.33 for out-of-pocket medical expenses. Chief Special Master Brian H. Corcoran issued the ruling on entitlement on June 16, 2021, and the damages decision on November 22, 2021. Petitioner's counsel was Ronald Craig Homer, and respondent's counsel included Matthew Murphy and Terrence Kevin Mangan, Jr. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01175-0 Date issued/filed: 2021-07-16 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 06/16/2021) regarding 26 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01175-UNJ Document 28 Filed 07/16/21 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1175V UNPUBLISHED LORI GRADY, Chief Special Master Corcoran Petitioner, Filed: June 16, 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. Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner. Matthew Murphy, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 On September 10, 2020, Lori Grady 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 the Table Injury of Guillain-Barre Syndrome (“GBS”) as a result of her October 27, 2018 influneza (“flu”) vaccination. Petition at 1-2. The case was assigned to the Special Processing Unit of the Office of Special Masters. On June 15, 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. 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-01175-UNJ Document 28 Filed 07/16/21 Page 2 of 2 Specifically, Respondent indicates that Medical personnel at the Division of Injury Compensation Programs, Department of Health and Human Services (“DICP”), have reviewed the petition and medical records filed in the case. It is respondent’s position that petitioner has satisfied the criteria set forth in the Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation (“QAI”). 42 C.F.R. §§ 100.3(a)(XIV)(D), 100.3(c)(15). Id. at 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-01175-1 Date issued/filed: 2021-11-22 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 10/13/2021) regarding 34 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01175-UNJ Document 38 Filed 11/22/21 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1175V UNPUBLISHED LORI GRADY, Chief Special Master Corcoran Petitioner, Filed: October 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. Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner. Terrence Kevin Mangan, Jr., U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On September 10, 2020, Lori Grady 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 the Table Injury of Guillain-Barre Syndrome (“GBS”) as a result of her October 27, 2018 influneza (“flu”) vaccination. Petition at 1-2. The case was assigned to the Special Processing Unit of the Office of Special Masters. On June 16, 2021, a ruling on entitlement was issued, finding Petitioner entitled to compensation for GBS. On October 13, 2021, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $120,392.33 for all damages, including $120,000.00 representative of pain and suffering, and $392.33 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-01175-UNJ Document 38 Filed 11/22/21 Page 2 of 5 representative of out-of-pocket medical and related expenses. Proffer at 1-2. 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 $120,392.33 (including $120,000.00 representative of pain and suffering, and $392.33 representative of unreimbursed 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-01175-UNJ Document 38 Filed 11/22/21 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS LORI GRADY, Petitioner, No. 20-1175V Chief Special Master Corcoran v. ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. PROFFER ON AWARD OF COMPENSATION1 I. Procedural History On September 10, 2020, Lori Grady (“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 (“flu”) vaccine on October 27, 2018, she suffered from Guillain-Barre Syndrome (“GBS”). See Petition. On June 15, 2021, respondent filed his Vaccine Rule 4(c) report, concluding that petitioner suffered GBS after a flu vaccine as defined by the Vaccine Injury Table. ECF No. 24. On June 16, 2021, the Chief Special Master issued a ruling on entitlement, finding that petitioner was entitled to compensation for GBS. ECF No. 26. II. Items of Compensation Based upon the evidence of record, respondent proffers that petitioner should be awarded a lump sum of $120,392.33 for all damages, including $120,000.00 representative of pain and 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-01175-UNJ Document 38 Filed 11/22/21 Page 4 of 5 suffering, and $392.33 representative of out-of-pocket medical and related expenses. This 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 $120,392.33 in the form of a check payable to petitioner.2 Petitioner agrees. 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 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 Case 1:20-vv-01175-UNJ Document 38 Filed 11/22/21 Page 5 of 5 /s Terrence K. Mangan, Jr. TERRENCE K. MANGAN, JR. Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Phone: (202) 532-5875 Email: terrence.mangan@usdoj.gov E-FILED: October 13, 2021 3