VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01193 Package ID: USCOURTS-cofc-1_20-vv-01193 Petitioner: Nasser Abdulkadir Filed: 2020-09-14 Decided: 2023-08-10 Vaccine: influenza Vaccination date: 2018-08-30 Condition: Guillain-Barré syndrome (GBS) Outcome: compensated Award amount USD: 122500 AI-assisted case summary: Nasser Abdulkadir filed a petition for compensation under the National Vaccine Injury Compensation Program on September 14, 2020. He alleged that he suffered Guillain-Barré syndrome (GBS) as a result of an influenza vaccine administered on August 30, 2018. The respondent filed a Rule 4(c) report on April 8, 2022, conceding that Mr. Abdulkadir's condition met the criteria for a Table injury and that his condition had persisted for at least six months with no alternative cause. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on April 14, 2022, finding Mr. Abdulkadir entitled to compensation. Subsequently, on July 10, 2023, the respondent filed a Proffer on Award of Compensation, proposing an award of $122,500.00 for pain and suffering, to which the petitioner agreed. On August 10, 2023, Chief Special Master Corcoran issued a Decision Awarding Damages, awarding Mr. Abdulkadir the stipulated sum of $122,500.00 as a lump sum payment. Petitioner counsel was Sean Frank Greenwood of Greenwood Law Firm, and respondent counsel was Meghan Murphy of the U.S. Department of Justice. Theory of causation field: Petitioner Nasser Abdulkadir alleged that he suffered Guillain-Barré syndrome (GBS) as a result of an influenza vaccine administered on August 30, 2018. The respondent conceded that Petitioner satisfied the criteria set forth in the Vaccine Injury Table for a flu/GBS Table injury, that his condition persisted for at least six months, and that there was no alternative cause for his condition. The case was decided based on this concession. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on April 14, 2022, finding Petitioner entitled to compensation. On August 10, 2023, Chief Special Master Corcoran awarded Petitioner a lump sum of $122,500.00 for pain and suffering. Petitioner counsel was Sean Frank Greenwood, and respondent counsel was Meghan Murphy. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01193-0 Date issued/filed: 2022-05-23 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 04/14/2022) regarding 27 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01193-UNJ Document 30 Filed 05/23/22 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1193V UNPUBLISHED NASSER ABDULKADIR, Chief Special Master Corcoran Petitioner, Filed: April 14, 2022 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. Sean Frank Greenwood, Greenwood Law Firm, Houston, TX, for Petitioner. Meghan Murphy, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On September 14, 2020, Nasser Abdulkadir 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-Barré syndrome (“GBS”) as a result of an influenza (“flu”) vaccine that was administered to him on August 30, 2018. Petition at 2-3. The case was assigned to the Special Processing Unit of the Office of Special Masters. On April 8, 2022, 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 has concluded that “[P]etitioner has satisfied the criteria set forth in the Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation for 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-01193-UNJ Document 30 Filed 05/23/22 Page 2 of 2 a flu/GBS Table injury.” Id. at 6. Respondent further agrees that Petitioner’s condition “has persisted for at least six months, and there is no alternative cause that explains his condition.” Id. 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-01193-1 Date issued/filed: 2023-08-10 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 07/10/2023) regarding 43 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01193-UNJ Document 51 Filed 08/10/23 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1193V NASSER ABDULKADIR, Chief Special Master Corcoran Petitioner, Filed: July 10, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Sean Franks Greenwood, Greenwood Law Firm, Houston, TX, for Petitioner. Meghan Murphy, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On September 14, 2020, Nasser Abdulkadir (“Petitioner”) 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- Barré syndrome (“GBS”) resulting from adverse effects of an influenza (“flu”) vaccine he received on August 30, 2018. Pet. at 1, ECF No. 1. Petitioner further alleges that the vaccine was received in the United States, he suffered sequela of his injury for more than six months, and neither Petitioner nor any other party has ever received compensation in the form of an award or settlement for his vaccine-related injury. Id. at 1-2. The case was assigned to the Special Processing Unit of the Office of Special Masters. On April 14, 2022, a Ruling on Entitlement was issued, finding Petitioner entitled to compensation for his GBS. ECF No. 27. On July 10, 2023, Respondent filed a Proffer 1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (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 (2018). Case 1:20-vv-01193-UNJ Document 51 Filed 08/10/23 Page 2 of 5 on award of compensation (“Proffer”) indicating Petitioner should be awarded $122,500.00. Proffer at 1, ECF No. 42. 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 $122,500.00 in pain and suffering, 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-01193-UNJ Document 51 Filed 08/10/23 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) NASSER ABDULKADIR, ) ) Petitioner, ) ) No. 20-1193V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND HUMAN ) SERVICES, ) ) Respondent. ) ) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On September 14, 2020, Nasser Abdulkadir (“petitioner”) filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986, as amended (“the Vaccine Act” or “the Act”), 42 U.S.C. §§ 300aa-1 to -34. Petitioner alleges that he suffered Guillain-Barré Syndrome (“GBS”) following the receipt of an influenza (“flu”) vaccine administered on August 30, 2018. On April 8, 2022, 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. 26. On April 14, 2022, Chief Special Master Corcoran issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 27. I. Item of Compensation Respondent proffers that petitioner should be awarded $122,500.00, consisting of compensation for pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). This amount represents all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. Case 1:20-vv-01193-UNJ Document 51 Filed 08/10/23 Page 4 of 5 II. Form of the Award Petitioner is a competent adult. Evidence of guardianship is not required in this case. Respondent recommends that the compensation provided to petitioner should be made through a lump sum payment as described below and requests that Chief Special Master Corcoran’s decision and the Court’s judgment award the following1: a lump sum payment of $122,500.00, in the form of a check payable to petitioner. III. Summary of Recommended Payments Following Judgment Lump sum payable to petitioner, Nasser Abdulkadir: $122,500.00 Respectfully submitted, BRIAN M. BOYNTON Principal Deputy Assistant Attorney General C. SALVATORE D’ALESSIO Director Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division ALEXIS B. BABCOCK 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, unreimbursed expenses, future lost earnings and future pain and suffering. 2 Case 1:20-vv-01193-UNJ Document 51 Filed 08/10/23 Page 5 of 5 /s/ MEGHAN R. MURPHY Meghan R. Murphy 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) 616-4264 Email: meghan.r.murphy@usdoj.gov DATED: July 10, 2023 3