VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00803 Package ID: USCOURTS-cofc-1_21-vv-00803 Petitioner: Vincent R. Bedogne Filed: 2021-01-26 Decided: 2022-08-09 Vaccine: influenza Vaccination date: 2019-09-26 Condition: Guillain-Barré syndrome Outcome: compensated Award amount USD: 127500 AI-assisted case summary: Julie R. Bedogne, as the personal representative of the estate of Vincent R. Bedogne, filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition, initially filed by Mr. Bedogne on January 26, 2021, alleged that an influenza vaccine administered to him on September 26, 2019, caused him to develop Guillain-Barré syndrome (GBS). The petition further alleged that Mr. Bedogne continued to suffer from GBS symptoms until his death on February 1, 2021, and that these symptoms were a factor in his death. The case was assigned to the Special Processing Unit. On June 30, 2022, the Respondent, the Secretary of Health and Human Services, filed a combined Rule 4(c) Report and Proffer, conceding that Mr. Bedogne's claim met the Table criteria for GBS and that the statutory and jurisdictional requirements were satisfied. Based on the Respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement finding Petitioner entitled to compensation. Subsequently, on June 30, 2022, Chief Special Master Corcoran issued a Decision Awarding Damages. The parties stipulated to an award of $127,500.00 for pain and suffering, payable as a lump sum check to Petitioner. This award represents compensation for all damages available under Section 15(a) of the Vaccine Act. The decision was issued on August 9, 2022. Theory of causation field: Petitioner alleged that an influenza vaccine administered on September 26, 2019, caused Vincent R. Bedogne to develop Guillain-Barré syndrome (GBS), which was a factor in his death on February 1, 2021. Respondent conceded that the claim met the Table criteria for GBS. The public text does not describe the specific onset, symptoms, medical tests, treatments, or expert testimony regarding the mechanism of causation. The case resulted in a compensated outcome. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on June 30, 2022, and a Decision Awarding Damages on August 9, 2022. The award was a stipulated lump sum of $127,500.00 for pain and suffering. Petitioner's counsel was Scott William Rooney, and Respondent's counsel was Steven Santayana. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-00803-0 Date issued/filed: 2022-08-08 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 06/30/2022) regarding 53 Ruling on Entitlement, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-00803-UNJ Document 59 Filed 08/08/22 Page 1 of 2 CORRECTED In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-0803V UNPUBLISHED JULIE R. BEDOGNE, as personal Chief Special Master Corcoran representative of the estate of VINCENT R. BEDOGNE, Filed: June 30, 2022 Petitioner, v. Special Processing Unit (SPU); Ruling on Entitlement; Concession; SECRETARY OF HEALTH AND Table Injury; Influenza (Flu); Guillain- HUMAN SERVICES, Barré syndrome (“GBS”). Respondent. Scott William Rooney, Nemes, Rooney, P.C., Farmington Hills, MI, for Petitioner. Steven Santayana, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 Julie R. Bedogne (“Petitioner”), as personal representative of the estate of Vincent R. Bedogne (“Mr. Bedogne”) has pursued this petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). Petition filed January 26, 2021 (ECF No. 1) (filed by Mr. Bedogne); Notice (EF No. 11) (reflecting Mr. Bedogne’s subsequent death); Order (ECF No. 20) (amending the case caption); Amended Petition (ECF No. 39). Petitioner alleged that as a result of an influenza (“flu”) vaccine administered to Mr. Bedogne on September 26, 2019, Mr. Bedogne suffered from Guillain-Barré syndrome (“GBS”). Amended Petition at 2-4. Petitioner further alleged that Mr. Bedogne continued 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 1:21-vv-00803-UNJ Document 59 Filed 08/08/22 Page 2 of 2 to suffer from GBS symptoms at the time of his passing on February 1, 2021, and that said symptoms were a factor in his cause of death. Id. at 3. The case was assigned to the Special Processing Unit of the Office of Special Masters. On June 30, 2022, Respondent filed a combined Rule 4(c) Report and Proffer in which he concedes that Petitioner’s claim meets the Table criteria for GBS. Respondent’s Rule 4(c) Report and Proffer at 8 (citing 42 C.F.R. § 100.3(a), (c)). Respondent further agrees that Petitioner has satisfied the Act’s other statutory and jurisdictional requirements. 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_21-vv-00803-1 Date issued/filed: 2022-08-09 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 06/30/2022) regarding 54 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-00803-UNJ Document 60 Filed 08/09/22 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-0803V UNPUBLISHED JULIE R. BEDOGNE, as personal Chief Special Master Corcoran representative of the estate of VINCENT R. BEDOGNE, Filed: June 30, 2022 Petitioner, v. Special Processing Unit (SPU); Damages Decision Based on Proffer; SECRETARY OF HEALTH AND Influenza (Flu); Guillain-Barré HUMAN SERVICES, syndrome (“GBS”). Respondent. Scott William Rooney, Nemes, Rooney, P.C., Farmington Hills, MI, for Petitioner. Steven Santayana, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 Julie R. Bedogne (“Petitioner”), as personal representative of the estate of Vincent R. Bedogne (“Mr. Bedogne”) has pursued this petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). Petition filed January 26, 2021 (ECF No. 1) (filed by Mr. Bedogne); Notice (EF No. 11) (reflecting Mr. Bedogne’s subsequent death); Order (ECF No. 20) (amending the case caption); Amended Petition (ECF No. 39). Petitioner alleged that as a result of an influenza (“flu”) vaccine administered to Mr. Bedogne on September 26, 2019, Mr. Bedogne suffered from Guillain-Barré syndrome 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 1:21-vv-00803-UNJ Document 60 Filed 08/09/22 Page 2 of 2 (“GBS”). Amended Petition at 2-4. Petitioner further alleged that Mr. Bedogne continued to suffer from GBS symptoms at the time of his passing on February 1, 2021, and that said symptoms were a factor in his cause of death. Id. at 3. The case was assigned to the Special Processing Unit of the Office of Special Masters. On June 30, 2022, Respondent filed a combined Rule 4(c) Report and Proffer in which he conceded that Petitioner was entitled to compensation for Mr. Bedogne’s GBS. Respondent’s Rule 4(c) Report and Proffer at 1, 8. That same day, I issued a Ruling on Entitlement. Respondent represents that Petitioner agrees to his proffer on an award of compensation. Rule 4(c) Report and Proffer at 9. 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 combined Rule 4(c) Report and Proffer,3 I award Petitioner a lump sum payment of $127,500.00 (representing 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.4 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 Because the combined Rule 4(c) Report and Proffer contains information regarding Mr. Bedogne’s personal medical history, which is not generally included in a Proffer when separately filed, it is not attached hereto. 4 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