VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01062
Package ID: USCOURTS-cofc-1_21-vv-01062
Petitioner: Elaine Letizia
Filed: 2021-03-15
Decided: 2023-01-30
Vaccine: influenza
Vaccination date: 2019-10-02
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 311646

AI-assisted case summary:
Elaine Letizia 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 received on October 2, 2019. The respondent conceded that her claim satisfied the Table criteria for GBS resulting from a seasonal flu vaccine, with onset occurring between three and forty-two days after vaccination, and no more likely alternative diagnosis or clear alternative cause. An initial ruling on entitlement found Petitioner entitled to compensation. Subsequently, the parties submitted a proffer on the award of compensation. The court awarded Elaine Letizia a total of $311,646.77, which included compensation for life care expenses for the first year, pain and suffering, and past unreimbursable expenses. Additionally, an amount sufficient to purchase an annuity contract was awarded for future life care items.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-01062-0
Date issued/filed: 2022-03-03
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/27/2022) regarding 25 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:21-vv-01062-UNJ Document 28 Filed 03/03/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-1062V
UNPUBLISHED
ELAINE LETIZIA, Chief Special Master Corcoran
Petitioner, Filed: January 27, 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.
Andrew Gordon Melling, Burr & Forman LLP, Columbia, SC, for Petitioner.
Naseem Kourosh, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On March 15, 2021, Elaine Letizia 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 the adverse effects of an influenza (flu) vaccination received on October 2,
2019. Petition at 1. Petitioner further alleges that the vaccination was administered within
the United, States, her GBS persisted for more than six months, and neither she, nor any
other party, has ever filed any action for Petitioner’s vaccine-related injury. Petition at 1,
7. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On January 7, 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 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-01062-UNJ Document 28 Filed 03/03/22 Page 2 of 2
1. Specifically, Respondent “concluded that [P]etitioner’s claim satisfies the Table criteria
for GBS resulting from a seasonal flu vaccine, with onset occurring between three and
forty-two days after vaccination, with no more likely alternative diagnosis and no clear
alternative cause.” Id. at 6. Respondent further agrees that “the scope of damages to be
awarded is limited to petitioner’s GBS and its 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

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DOCUMENT 2: USCOURTS-cofc-1_21-vv-01062-1
Date issued/filed: 2023-01-30
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 12/30/2022 ) regarding 45 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:21-vv-01062-UNJ Document 51 Filed 01/30/23 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-1062V
UNPUBLISHED
ELAINE LETIZIA, Chief Special Master Corcoran
Petitioner, Filed: December 30, 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.
Andrew Gordon Melling, Burr & Forman LLP, Columbia SC, for Petitioner.
Naseem Kourosh, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On March 15, 2021, Elaine Letizia 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 received on October 2,
2019. Petition at 1. Petitioner further alleges she received the vaccination within the
United States, experienced symptoms of GBS more than three days after, and within
forty-two days of vaccination, that she suffered the residual effects or complications of his
illness for more than six months, and neither Petitioner, nor any other party, has ever filed
any action for Petitioner’s vaccine-related injury. Petition at 1, 7. The case was assigned
to the Special Processing Unit of the Office of Special Masters.
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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa
(2012).

Case 1:21-vv-01062-UNJ Document 51 Filed 01/30/23 Page 2 of 8
On January 27, 2022, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for GBS. On December 29, 2022, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded all items of
compensation set forth in the life care plan and illustrated by the chart attached at Tab A.
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. 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 the
following compensation:
1. A lump sum payment of $311,646.77, representing compensation for life
care expenses expected to be incurred during the first year after judgment
($13,746.00), pain and suffering ($238,000.00), and past unreimbursable
expenses (59,900.77) in the form of a check payable to Petitioner, Elaine
Letizia.
2. An amount sufficient to purchase an annuity contract, subject to the
conditions described in the Proffer, that will provide payments for the life
care items contained in the life care plan, as illustrated by the chart at Tab
A, beginning with compensation for Year Two (on the first anniversary of
the date of the judgment) and all subsequent years, paid to the life
insurance company from which the annuity will be purchased.
This amount represents compensation for all damages that would be available under
§ 15(a).
The clerk of the 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-01062-UNJ Document 51 Filed 01/30/23 Page 3 of 8
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
ELAINE LETIZIA,
Petitioner,
No. 21-1062V (ECF)
v. Chief Special Master Corcoran
SECRETARY OF HEALTH
AND HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On March 15, 2021, Elaine Letizia (“petitioner”) filed a petition for compensation under
the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act”
or “Act”), alleging that she suffered an injury pursuant to the Vaccine Injury Table, namely
Guillain Barré Syndrome (“GBS”) resulting from an influenza vaccination that she received on
October 2, 2019. ECF No. 1 at 1.
On January 7, 2022, the Secretary of Health and Human Services (“respondent”) filed his
Rule 4(c) Report conceding that compensation under the Vaccine Act is appropriate in this case.
ECF No. 24.
On January 27, 2022, the Chief Special Master issued a Ruling on Entitlement, finding
that petitioner is entitled to compensation, and a Damages Order. ECF Nos. 25-26.
I. Items of Compensation
A. Life Care Items
Respondent engaged a life care planner to provide an estimation of petitioner’s future
vaccine injury-related needs. For the purposes of this proffer, the term “vaccine injury” is as
described in respondent’s Rule 4(c) Report. All items of compensation identified in the life care

Case 1:21-vv-01062-UNJ Document 51 Filed 01/30/23 Page 4 of 8
plan are supported by the evidence, and are illustrated by the chart entitled Appendix A: Items of
Compensation for Elaine Letizia, attached hereto as Tab A. Respondent proffers that petitioner
should be awarded all items of compensation set forth in the life care plan and illustrated by the
chart attached at Tab A. Petitioner agrees.
B. Pain and Suffering
Respondent proffers that petitioner should be awarded $238,000.00 in actual and
projected pain and suffering. This amount reflects that any award for projected pain and
suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner
agrees.
C. Past Unreimbursable Expenses
Evidence supplied by petitioner documents her expenditure of past unreimbursable
expenses related to her vaccine-related injury. Respondent proffers that petitioner should be
awarded past unreimbursable expenses in the amount of $59,900.77. Petitioner agrees.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a combination of lump sum payments and future annuity payments as described below,
and request that the Special Master’s decision and the Court’s judgment award the following:1
A. A lump sum payment of $311,646.77, representing compensation for life care
expenses expected to be incurred during the first year after judgment ($13,746.00), pain and
suffering ($238,000.00), and past unreimbursable expenses ($59,900.77) in the form of a check
payable to petitioner, Elaine Letizia.
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
medical expenses, future lost earnings, and future pain and suffering.
2

Case 1:21-vv-01062-UNJ Document 51 Filed 01/30/23 Page 5 of 8
B. An amount sufficient to purchase an annuity contract,2 subject to the conditions
described below, that will provide payments for the life care items contained in the life care plan,
as illustrated by the chart at Tab A, attached hereto, paid to the life insurance company3 from
which the annuity will be purchased.4 Compensation for Year Two (beginning on the first
anniversary of the date of judgment) and all subsequent years shall be provided through
respondent’s purchase of an annuity, which annuity shall make payments directly to petitioner,
Elaine Letizia, only so long as petitioner is alive at the time a particular payment is due. At the
Secretary’s sole discretion, the periodic payments may be provided to petitioner in monthly,
quarterly, annual, or other installments. The “annual amounts” set forth in the chart at Tab A
describe only the total yearly sum to be paid to petitioner and do not require that the payment be
made in one annual installment.
1. Growth Rate
2 In respondent’s discretion, respondent may purchase one or more annuity contracts
from one or more life insurance companies.
3 The Life Insurance Company must have a minimum of $250,000,000 capital and
surplus, exclusive of any mandatory security valuation reserve. The Life Insurance Company
must have one of the following ratings from two of the following rating organizations:
a. A.M. Best Company: A++, A+, A+g, A+p, A+r, or A+s;
b. Moody's Investor Service Claims Paying Rating: Aa3, Aa2, Aa1, or Aaa;
c. Standard and Poor's Corporation Insurer Claims-Paying Ability Rating: AA-,
AA, AA+, or AAA;
d. Fitch Credit Rating Company, Insurance Company Claims Paying Ability
Rating: AA-, AA, AA+, or AAA.
4 Petitioner authorizes the disclosure of certain documents filed by the petitioner in this
case consistent with the Privacy Act and the routine uses described in the National Vaccine
Injury Compensation Program System of Records, No. 09-15-0056.
3

Case 1:21-vv-01062-UNJ Document 51 Filed 01/30/23 Page 6 of 8
Respondent proffers that a four percent (4%) growth rate should be applied to all life care
items. Thus, the benefits illustrated in the chart at Tab A that are to be paid through annuity
payments should grow as follows: four percent (4%) compounded annually from the date of
judgment. Petitioner agrees.
2. Life-contingent annuity
Petitioner will continue to receive the annuity payments from the Life Insurance
Company only so long as she, Elaine Letizia, is alive at the time that a particular payment is due.
Written notice shall be provided to the Secretary of Health and Human Services and the Life
Insurance Company within twenty (20) days of Elaine Letizia’s death.
3. Guardianship
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
III. Summary of Recommended Payments Following Judgment
A. Lump Sum paid to petitioner, Elaine Letizia: $311,646.77
B. An amount sufficient to purchase the annuity contract described
above in section II.B.
Respectfullysubmitted,
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
4

Case 1:21-vv-01062-UNJ Document 51 Filed 01/30/23 Page 7 of 8
/s/Naseem Kourosh
NASEEM KOUROSH
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Telephone: (202) 305-1159
Dated: December 29, 2022
5

Case 1:21-vv-01062-UNJ Document 51 Filed 01/30/23 Page 8 of 8
Appendix A: Items of Compensation for Elaine Letizia Page 1 of 1
Lump Sum
Compensation Compensation Compensation Compensation Compensation Compensation
ITEMS OF COMPENSATION G.R. M Year 1 Year 2 Year 3 Year 4 Year 5 Years 6-Life
2022 2023 2024 2025 2026 2027-Life
Medicare Part B Deductible 4% 2 26.00 226.00 226.00 226.00 226.00 226.00
Home Care 4% M 1 3,520.00 14,120.00 14,696.92 15,251.66 25,437.63 29,120.00
Pain and Suffering 2 38,000.00
Past Unreimbursable Expenses 5 9,900.77
Annual Totals 3 11,646.77 14,346.00 14,922.92 15,477.66 25,663.63 29,346.00
Note: Compensation Year 1 consists of the 12 month period following the date of judgment.
Compensation Year 2 consists of the 12 month period commencing on the first anniversary of the date of judgment.
As soon as practicable after entry of judgment, respondent shall make the following payment to petitioner for Yr 1 life care
expenses ($13,746.00), pain and suffering ($238,000.00), and past unreimbursable expenses ($59,900.77): $311,646.77.
Annual amounts payable through an annuity for future Compensation Years follow the anniversary of the date of judgment.
Annual amounts shall increase at the rate indicated above in column G.R., compounded annually from the date of judgment.
Items denoted with an "M" payable in twelve monthly installments totaling the annual amount indicated.