VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00830
Package ID: USCOURTS-cofc-1_21-vv-00830
Petitioner: Laura O’Hara
Filed: 2021-02-01
Decided: 2023-09-13
Vaccine: influenza
Vaccination date: 2019-09-20
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 143627

AI-assisted case summary:
Laura O’Hara 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 vaccination she received on September 20, 2019. The petition was filed on February 1, 2021. Initially, the Respondent contested entitlement, arguing that Ms. O’Hara had not established a Table injury for GBS and had not proven causation-in-fact. However, on May 15, 2023, Respondent filed an amended report stating they would no longer defend the case on entitlement, while reserving the right to appeal. Based on the record and Respondent’s position, the Chief Special Master issued a ruling on entitlement on May 31, 2023, finding Ms. O’Hara entitled to compensation. Subsequently, on August 1, 2023, Respondent filed a proffer on award of compensation, agreeing to a total award of $143,627.44, which included $142,500.00 for pain and suffering and $1,127.44 for past unreimbursable expenses. Ms. O’Hara agreed to this award. On September 13, 2023, the Chief Special Master issued a decision awarding the stipulated amount, concluding the case.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00830-0
Date issued/filed: 2023-07-07
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 05/31/2023) regarding 32 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made.
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Case 1:21-vv-00830-UNJ Document 34 Filed 07/07/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-830V
UNPUBLISHED
LAURA O’HARA, Chief Special Master Corcoran
Petitioner, Filed: May 31, 2023
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Uncontested;
HUMAN SERVICES, Table Injury; Influenza (Flu) Vaccine;
Guillain-Barre Syndrome (GBS)
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Andrew Henning, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On February 1, 2021, Laura O’Hara 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 adverse effects of an influenza (flu) vaccination she received on September
20, 2019. Petition at 1. Petitioner further alleges that the vaccination was administered
within the United States, her injury lasted longer than six months, and neither Petitioner,
nor any other party, has ever received compensation in the form of an award or settlement
1 Because this Ruling 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 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-00830-UNJ Document 34 Filed 07/07/23 Page 2 of 2
for her vaccine-related injury. Petition at 1, 6. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
Respondent initially opposed compensation, arguing that Petitioner had not
established that she suffered a GBS Table injury, and therefore she was not entitled to a
presumption of vaccine causation. Respondent’s Rule 4(c) Report at 12. Specifically,
Respondent determined that “Petitioner’s medical records do not provide evidence that
she experienced both bilateral flaccid limb weakness and decreased or absent deep
tendon reflexes in weak limbs, as required by the QAI for GBS.” Id. at 13-14 (citing 42
C.F.R. § 100.3(c)(15)(ii)(A). Additionally, Respondent argued that Petitioner had not
established that her GBS was caused-in-fact by her flu vaccination. Id. at 14.
On May 15, 2023, Respondent filed an Amended Rule 4(c) report in which he
states that “he will not continue to defend this case during further proceedings on
entitlement before the Office of Special Masters . . . . ” and “reserves his right to a
potential appeal of the entitlement decision.” Respondent’s Amended Rule 4(c) Report
at 1, n. 1. Specifically, “[R]espondent maintains that [P]etitioner has not met her burden
of proof under the Vaccine Act, for the reasons set forth in his initial Rule 4(c) Report.
See ECF No. 23. However, in light of the Court’s findings of fact, [R]espondent no
longer wishes to defend against [P]etitioner’s entitlement claim before the Office of
Special Masters and requests a ruling on the record regarding [P]etitioner’s entitlement
to compensation.” Id. at 13.
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

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DOCUMENT 2: USCOURTS-cofc-1_21-vv-00830-1
Date issued/filed: 2023-09-13
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 08/02/2023) regarding 37 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made.
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Case 1:21-vv-00830-UNJ Document 41 Filed 09/13/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-830V
LAURA O’HARA, Chief Special Master Corcoran
Petitioner, Filed: August 2, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Andrew Henning, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On February 1, 2021, Laura O’Hara 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 adverse effects of an influenza (flu) vaccination she received on September
20, 2019. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On May 31, 2023, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for GBS. On August 1, 2023, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $143,627.44, including
$142,500.00 for pain and suffering, and $1,127.44 for past unreimbursable expenses.
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 (2012).

Case 1:21-vv-00830-UNJ Document 41 Filed 09/13/23 Page 2 of 5
Proffer at 1-2. 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 $143,627.44, including $142,500.00 for pain and suffering and,
$1,127.44 for past 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 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 1:21-vv-00830-UNJ Document 41 Filed 09/13/23 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
LAURA O’HARA, )
)
Petitioner, ) No. 21-830V (ECF)
) Chief Special Master Corcoran
v. ) SPU
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
___________________________________ )
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On February 1, 2021, Laura O’Hara (“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 vaccine on September 20,
2019, she suffered from Guillain-Barre Syndrome (“GBS”). See Petition at 1. On May 15,
2023, respondent filed his Vaccine Rule 4(c) Report, concluding that petitioner suffered GBS as
defined by the Vaccine Injury Table, within the Table timeframe. On May 31, 2023, Chief
Special Master Corcoran issued a ruling on entitlement, finding that petitioner was entitled to
compensation for a GBS Table injury.
II. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
a lump sum of $143,627.44, for all damages, including $142,500.00 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 1:21-vv-00830-UNJ Document 41 Filed 09/13/23 Page 4 of 5
suffering, and $1,127.44 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 $143,627.44 in
the form of a check payable to petitioner.2 Petitioner agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
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
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 1:21-vv-00830-UNJ Document 41 Filed 09/13/23 Page 5 of 5
/s/ ANDREW J. HENNING
ANDREW J. HENNING
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) 616-4405
Email: andrew.j.henning@usdoj.gov
DATED: August 1, 2023
3