VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01104 Package ID: USCOURTS-cofc-1_21-vv-01104 Petitioner: Camille Dumentat Filed: 2021-03-23 Decided: 2022-12-07 Vaccine: influenza Vaccination date: 2019-10-10 Condition: Guillain-Barré Syndrome (GBS) Outcome: compensated Award amount USD: 173443 AI-assisted case summary: Camille Dumentat filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered Guillain-Barré Syndrome (GBS) after receiving an influenza vaccine on October 10, 2019. The case was assigned to the Special Processing Unit. Respondent filed a Rule 4(c) report conceding that Petitioner is entitled to compensation, as her condition meets the Table definition for GBS. A ruling on entitlement was issued on February 24, 2022, finding Petitioner entitled to compensation. Subsequently, on November 3, 2022, Respondent filed a proffer on award of compensation, recommending an award of $173,443.39. This amount includes $155,000.00 for pain and suffering and $18,443.39 for past and future unreimbursable expenses. Petitioner, identified as a competent adult, agreed with the proffered award. The Chief Special Master issued a decision awarding Petitioner the lump sum of $173,443.39. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-01104-0 Date issued/filed: 2022-03-30 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 02/24/2022) regarding 23 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-01104-UNJ Document 27 Filed 03/30/22 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1104V UNPUBLISHED CAMILLE DUMENTAT, Chief Special Master Corcoran Petitioner, Filed: February 24, 2022 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on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. LeeAnne Pedrick, Maglio, Christopher, & Toale, PA, Washington, DC, for Petitioner. Austin Joel Egan, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On March 23, 2021, Camille Dumentat 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”) which meets the Table definition for GBS after receiving the influenza vaccine on October 10, 2019. Petition at 1, ¶¶ 2, 58-59. Petitioner further alleges that she received the vaccination in the United States, that she continues to suffer the residual effects of her GBS more than six months post-vaccination, and that neither she nor any other party has filed a civil action or received compensation for her GBS. Petition at ¶¶ 57, 63-64. 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-01104-UNJ Document 27 Filed 03/30/22 Page 2 of 2 On February 22, 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 believes “[P]etitioner has satisfied the criteria set forth in the Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation (“QAI”).” Id. at 10. 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-01104-1 Date issued/filed: 2022-12-07 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 11/03/2022) regarding 36 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-01104-UNJ Document 37 Filed 12/07/22 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1104V UNPUBLISHED CAMILLE DUMENTAT, Chief Special Master Corcoran Petitioner, Filed: November 3, 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. LeeAnne Pedrick, Maglio, Christopher, & Toale, PA, Washington, DC, for Petitioner. Austin Joel Egan, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On March 23, 2021, Camille Dumentat 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”) which meets the Table definition for GBS after receiving the influenza vaccine on October 10, 2019. Petition at 1, ¶¶ 2, 58-59. The case was assigned to the Special Processing Unit of the Office of Special Masters. On February 24, 2022, a ruling on entitlement was issued, finding Petitioner entitled to compensation for her GBS. On November 3, 2022, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $173,443.39, representing compensation in the amounts of $155,000.00 for her pain and suffering and $18,443.39 for her past and future unreimbursable expenses. Proffer at 1- 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-01104-UNJ Document 37 Filed 12/07/22 Page 2 of 5 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 $173,443.39, representing compensation in the amounts of $155,000.00 for her pain and suffering and $18,443.39 for her actual and projected 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-01104-UNJ Document 37 Filed 12/07/22 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) CAMILLE DUMENTAT, ) ) Petitioner, ) ) No. 21-1104V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND HUMAN ) SERVICES, ) ) Respondent. ) ) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On March 23, 2021, Camille Dumentat (“petitioner”) filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986, as amended (“the Vaccine Act” or “the Act”), 42 U.S.C. §§ 300aa-1 to -34. Petitioner alleges that she suffered Guillain-Barré Syndrome (“GBS”) as a result of an influenza (“flu”) vaccine administered to her on October 10, 2019. Petition at 1-2, 14. On February 24, 2022, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that this case is appropriate for compensation under the terms of the Act for a GBS Table injury, and on February 24, 2022, the Chief Special Master issued a Ruling on Entitlement finding petitioner was entitled to compensation. ECF Nos. 22-23. I. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $155,000.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. Case 1:21-vv-01104-UNJ Document 37 Filed 12/07/22 Page 4 of 5 B. Past and Future Unreimbursable Expenses Evidence supplied by petitioner documents that she incurred past unreimbursable expenses and will incur future unreimbursable expenses related to her vaccine-related injury. Respondent proffers that petitioner should be awarded past and future unreimbursable expenses in the combined amount of $18,443.39. See 42 U.S.C. § 300aa-15(a)(1)(A)-(B). Petitioner agrees. These amounts represent all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. II. Form of the Award Petitioner is a competent adult. Evidence of guardianship is not required in this case. 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 following1: a lump sum payment of $173,443.39, in the form of a check payable to petitioner. III. Summary of Recommended Payments Following Judgment Lump sum payable to petitioner, Camille Dumentat: $173,443.39 Respectfully submitted, BRIAN M. BOYNTON Principal Deputy Assistant Attorney General C. SALVATORE D’ALESSIO Director Torts Branch, Civil Division 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 lost earnings and future pain and suffering. 2 Case 1:21-vv-01104-UNJ Document 37 Filed 12/07/22 Page 5 of 5 HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division ALEXIS B. BABCOCK Assistant Director Torts Branch, Civil Division /s/ AUSTIN J. EGAN Austin J. Egan Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146, Ben Franklin Station Washington, DC 20044-0146 Tel: (202) 451-7479 Austin.J.Egan@usdoj.gov Date: November 3, 2022 3