VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01434 Package ID: USCOURTS-cofc-1_20-vv-01434 Petitioner: Janice E. Mayer Filed: 2021-05-18 Decided: 2023-05-26 Vaccine: influenza Vaccination date: 2018-09-24 Condition: Guillain Barre Syndrome Outcome: compensated Award amount USD: 278320 AI-assisted case summary: Janice E. Mayer 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 September 24, 2018. The respondent initially conceded that Ms. Mayer had satisfied the criteria for a GBS Table injury, leading to a Ruling on Entitlement on May 18, 2021, finding her entitled to compensation. However, the respondent later changed their position, denying that Ms. Mayer sustained a GBS Table injury or that the vaccine caused her condition. Despite this change, the parties filed a joint stipulation for damages. The court adopted the stipulation as its decision, awarding Ms. Mayer a total of $278,320.00. This amount included compensation for first-year residential care expenses ($60,000.00), pain and suffering ($118,320.00), and past unreimbursable expenses ($100,000.00). An additional amount was awarded to purchase an annuity contract. The case proceeded as a Table claim, and the final decision was issued on May 26, 2023. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01434-0 Date issued/filed: 2021-06-17 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 05/18/2021) regarding 20 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01434-UNJ Document 22 Filed 06/17/21 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1434V UNPUBLISHED JANICE E. MAYER, Chief Special Master Corcoran Petitioner, Filed: May 18, 2021 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on Entitlement;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. Richard H. Moeller, Moore, Heffernan, et al., Sioux City, IA, for petitioner. Lauren Kells, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 On October 22, 2020, Janice E. Mayer 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 from Guillain Barre Syndrome as a result of an influenza vaccine received on September 24, 2018. Petition at 1-4. The case was assigned to the Special Processing Unit of the Office of Special Masters. On May 17, 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), which afford petitioner a presumption of causation if the onset of GBS occurs between three 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-01434-UNJ Document 22 Filed 06/17/21 Page 2 of 2 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 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_20-vv-01434-1 Date issued/filed: 2023-05-26 Pages: 9 Docket text: PUBLIC DECISION (Originally filed: 04/25/2023) regarding 53 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01434-UNJ Document 60 Filed 05/26/23 Page 1 of 9 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1434V UNPUBLISHED JANICE E. MAYER, Chief Special Master Corcoran Petitioner, Filed: April 25, 2023 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on Damages; Influenza HUMAN SERVICES, (Flu) Vaccine; Guillain-Barre Syndrome (GBS) Respondent. Richard H. Moeller, Moore, Heffernan, et al., Sioux City, IA, for Petitioner. James Vincent Lopez, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On October 22, 2020, Janice E. Mayer 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”) resulting from an influenza vaccine received on September 24, 2018. Petition at 1; Stipulation, filed April 25, 2023, at ¶¶ 2-4. Petitioner further alleges the vaccine was administered in the United States, she suffered residual effects and complications of her condition for more than six months, and Petitioner has never received compensation or filed a civil action, prior to filing this petition, for her vaccine-related injuries. Petition at ¶¶ 3, 23, 30; Stipulation at ¶¶ 3-5. The stipulation further states: On May 17, 2021, respondent conceded that petitioner had satisfied the criteria for a GBS Table injury in his Rule 4(c) report. On May 18, 2021, The Chief Special Master issued a Ruling on Entitlement, finding that petitioner 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-01434-UNJ Document 60 Filed 05/26/23 Page 2 of 9 is entitled to compensation for a vaccine-related injury. However, based on additional medical evidence provided thereafter, respondent now denies that petitioner sustained a GBS Table injury; denies that the vaccine caused petitioner’s alleged injury, or any other injury; and denies that her current condition is a sequela of a vaccine-related injury. Respondent continues to maintain his contrary position, but will not seek review of the Chief Special Master’s determination of entitlement upon its memorialization as a reviewable decision. Stipulation at ¶ 6. Nevertheless, on April 25, 2023, 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. A lump sum of $278,320.00, which amount represents compensation for first-year residential care expenses ($60,000.00), pain and suffering ($118,320.00), and past unreimbursable expenses ($100,000.00), in the form of a check payable to Petitioner; and b. An amount sufficient to purchase the annuity contract described in paragraph 10 of the Stipulation, paid to the life insurance company from which the annuity will be purchased. Stipulation at ¶ 8. These amounts represent compensation for all damages that would be available under Section 15(a). Id. 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. 2 Case 1:20-vv-01434-UNJ Document 60 Filed 05/26/23 Page 3 of 9 Case 1:20-vv-01434-UNJ Document 60 Filed 05/26/23 Page 4 of 9 Case 1:20-vv-01434-UNJ Document 60 Filed 05/26/23 Page 5 of 9 Case 1:20-vv-01434-UNJ Document 60 Filed 05/26/23 Page 6 of 9 Case 1:20-vv-01434-UNJ Document 60 Filed 05/26/23 Page 7 of 9 Case 1:20-vv-01434-UNJ Document 60 Filed 05/26/23 Page 8 of 9 Case 1:20-vv-01434-UNJ Document 60 Filed 05/26/23 Page 9 of 9