VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01022 Package ID: USCOURTS-cofc-1_21-vv-01022 Petitioner: Norma Perez Filed: 2021-03-03 Decided: 2022-12-05 Vaccine: influenza Vaccination date: 2018-09-15 Condition: Guillain-Barré Syndrome (GBS) Outcome: compensated Award amount USD: 115000 AI-assisted case summary: Norma Perez filed a petition on March 3, 2021, seeking compensation under the National Vaccine Injury Compensation Program. Ms. Perez alleged that she suffered Guillain-Barré Syndrome (GBS) as a result of an influenza vaccine she received on September 15, 2018. The petition stated that the vaccination occurred within the United States, that the GBS and its sequelae lasted more than six months, and that no prior compensation had been received for these injuries. The case was assigned to the Special Processing Unit. On April 4, 2022, the respondent filed a Rule 4(c) report conceding that Ms. Perez was entitled to compensation. The respondent found that Ms. Perez satisfied the criteria set forth in the Vaccine Injury Table, affording a presumption of causation if GBS onset occurred between three and forty-two days after a seasonal flu vaccination with no apparent alternative cause. The respondent also agreed that Ms. Perez experienced more than six months of residual effects and that the scope of damages should be limited to GBS and its related sequelae. On April 14, 2022, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding Ms. Perez entitled to compensation. Subsequently, on October 6, 2022, the respondent filed a proffer on the award of compensation, recommending an award of $115,000.00 for all damages, including pain and suffering. The proffer stated that Ms. Perez agreed with this proposed award. On December 5, 2022, Chief Special Master Corcoran issued a decision awarding Ms. Perez a lump sum payment of $115,000.00, payable by check to Ms. Perez, for all damages, including pain and suffering, as compensation under Section 15(a) of the Vaccine Act. Petitioner was represented by Leigh Finfer of Muller Brazil, LLP, and respondent was represented by Nina Ren of the U.S. Department of Justice. The public decision does not describe the specific onset date of symptoms, the specific symptoms experienced, diagnostic tests performed, treatments received, or the mechanism of injury. Theory of causation field: Petitioner Norma Perez alleged Guillain-Barré Syndrome (GBS) following an influenza vaccine received on September 15, 2018. The respondent conceded entitlement, finding that Petitioner satisfied the criteria of the Vaccine Injury Table for GBS, which occurred within the Table timeframe (three to forty-two days post-vaccination) with no apparent alternative cause, and resulted in residual effects lasting more than six months. The respondent's concession afforded Petitioner a presumption of causation. The public text does not name specific experts or detail the medical mechanism of injury. Petitioner was awarded $115,000.00 as a lump sum for all damages, including pain and suffering, based on a proffer agreed to by both parties. Chief Special Master Brian H. Corcoran issued the ruling on entitlement on April 14, 2022, and the final decision awarding damages on December 5, 2022. Petitioner was represented by Leigh Finfer (Muller Brazil, LLP) and Respondent by Nina Ren (U.S. Department of Justice). Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-01022-0 Date issued/filed: 2022-05-23 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 04/14/2022) regarding 14 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-01022-UNJ Document 17 Filed 05/23/22 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1022V UNPUBLISHED NORMA PEREZ, 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. Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner. Nina Ren, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On March 3, 2021, Norma Perez 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-Barré Syndrome (GBS) as the result of an influenza (flu) vaccine she received on September 15, 2018. Petition at 1. Petitioner further alleges that she received the vaccination within the United States, the GBS and sequelae lasted more than six months, and neither she, nor any other party, has ever received any compensation in the form of award or settlement for Petitioner’s vaccine-related injuries. Petition at 1, 4. The case was assigned to the Special Processing Unit of the Office of Special Masters. 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-01022-UNJ Document 17 Filed 05/23/22 Page 2 of 2 On April 4, 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 found that “[P]etitioner has satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation, which afford petitioner a presumption of causation if the onset of GBS occurs between three and forty- two days after a seasonal flu vaccination and there is no apparent alternative cause . . . . Further, [P]etitioner experienced more than six months of residual effects.” Id. at 10-11 (citation omitted). Respondent further agrees that scope of damages to be awarded is limited to Petitioner’s GBS and its related sequelae only. 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-01022-1 Date issued/filed: 2022-12-05 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 10/11/2022) regarding 24 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-01022-UNJ Document 28 Filed 12/05/22 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1022V UNPUBLISHED NORMA PEREZ, Chief Special Master Corcoran Petitioner, Filed: October 11, 2022 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Damages Decision Based on Proffer; HUMAN SERVICES, Influenza (Flu) Vaccine; Guillain- Barre Syndrome (GBS) Respondent. Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner. Nina Ren, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On March 3, 2021, Norma Perez 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-Barré Syndrome (GBS) as the result of an influenza (flu) vaccine she received on September 15, 2018. Petition at 1. 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 GBS. On October 6, 2022, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $115,000.00 for all damages, including pain and suffering. 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. 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-01022-UNJ Document 28 Filed 12/05/22 Page 2 of 4 Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $115,000.00 for all damages, including 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 1:21-vv-01022-UNJ Document 28 Filed 12/05/22 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS NORMA PEREZ, Petitioner, v. No. 21-1022V Chief Special Master Corcoran SECRETARY OF HEALTH AND ECF HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION1 I. Procedural History On March 3, 2021, petitioner Norma Perez filed a petition seeking compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34, as amended. Petitioner alleges that she developed Guillain-Barré Syndrome (“GBS”) as a result of the influenza vaccine she received on September 15, 2018. Petition at 1. On April 4, 2022, respondent filed his Vaccine Rule 4(c) report, concluding that petitioner suffered GBS as defined by the Vaccine Injury Table, within the Table timeframe. ECF No. 13. On April 14, 2022, the Chief Special Master issued a ruling on entitlement finding that petitioner was entitled to compensation for a GBS Table injury. ECF No. 14. II. Items of Compensation Based on the record evidence, respondent proffers that petitioner should be awarded a lump sum of $115,00.00, for all damages, including pain and suffering. This amount represents 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-01022-UNJ Document 28 Filed 12/05/22 Page 4 of 4 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 $115,00.00, in the form of a check payable to petitioner.2 Petitioner agrees. 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 /s/ NINA Y. REN NINA Y. REN Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington D.C. 20044-0146 (202)451-7499 DATED: October 6, 2022 Nina.Ren@usdoj.gov 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