VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01111
Package ID: USCOURTS-cofc-1_21-vv-01111
Petitioner: Bernetta Polley
Filed: 2021-03-24
Decided: 2023-06-02
Vaccine: influenza
Vaccination date: 2018-10-28
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 160000

AI-assisted case summary:
Bernetta Polley filed a petition for compensation under the National Vaccine Injury Compensation Program on March 24, 2021. She alleged that she suffered from Guillain-Barre Syndrome (GBS) following an influenza vaccine administered on October 28, 2018. Ms. Polley further alleged that she experienced residual effects for more than six months, had not received prior compensation for her injuries, and that the vaccination occurred within the United States. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on February 22, 2022, conceding that Ms. Polley was entitled to compensation. The respondent concluded that Ms. Polley met the criteria for a Table injury of GBS following an influenza vaccine and satisfied the necessary statutory and jurisdictional factors. On February 23, 2022, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding Ms. Polley eligible for compensation. Subsequently, on April 27, 2023, the respondent filed a proffer recommending an award of $160,000.00 for pain and suffering. The proffer stated that Ms. Polley agreed with this proposed award. On June 2, 2023, Chief Special Master Corcoran issued a decision awarding Ms. Polley a lump sum payment of $160,000.00, payable by check to her. This amount represented compensation for all damages available under Section 15(a) of the Vaccine Act. Ms. Polley is a competent adult, and no evidence of guardianship was required. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses involved in this case. Petitioner's counsel was Randall G. Knutson of Knutson & Casey Law Firm, and respondent's counsel was Jennifer A. Shah of the U.S. Department of Justice.

Theory of causation field:
Petitioner Bernetta Polley alleged Guillain-Barre Syndrome (GBS) following an influenza vaccine administered on October 28, 2018. The respondent conceded entitlement, finding that Petitioner satisfied the criteria for a Table injury for GBS following an influenza vaccine. The public text does not describe specific medical experts, clinical details of the injury, or the mechanism of causation beyond the Table classification. On April 27, 2023, the respondent filed a proffer recommending an award of $160,000.00 for pain and suffering, which Petitioner agreed to. Chief Special Master Brian H. Corcoran issued a decision on June 2, 2023, awarding this amount as a lump sum payment to Petitioner. Petitioner's counsel was Randall G. Knutson, and respondent's counsel was Jennifer A. Shah.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-01111-0
Date issued/filed: 2022-03-30
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 02/23/2022) regarding 29 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:21-vv-01111-UNJ Document 32 Filed 03/30/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-1111V
UNPUBLISHED
BERNETTA POLLEY, Chief Special Master Corcoran
Petitioner, Filed: February 23, 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.
Randall G. Knutson, Knutson & Casey Law Firm, Mankato, MN, for Petitioner.
Jennifer A. Shah, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On March 24, 2021, Bernetta Polley 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 from Guillain-Barre Syndrome (“GBS”)
following an influenza (“flu”) vaccine administered on October 28, 2018. Petition at 1.
Petitioner further alleges that she suffered the residual effects of her condition for more
than six months, that she has never received compensation in the form of an award or
settlement for her vaccine-related injuries, and that the vaccination was administered
within the United States. Petition at 1, 3. 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-01111-UNJ Document 32 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 has concluded that Petitioner has satisfied the criteria set
forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation for GBS.
Id. at 6-7. Respondent further agrees that Petitioner has met the statutory and
jurisdictional factors necessary for compensation. Id. at 7.
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-01111-1
Date issued/filed: 2023-06-02
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 04/28/2023) regarding 45 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:21-vv-01111-UNJ Document 51 Filed 06/02/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-1111V
UNPUBLISHED
BERNETTA POLLEY, Chief Special Master Corcoran
Petitioner, Filed: April 28, 2023
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Influenza (Flu) Vaccine; Guillain-
Barre Syndrome (GBS)
Respondent.
Randall G. Knutson, Knutson & Casey Law Frim, Mankato, MN, for Petitioner.
Jennifer A. Shah, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On March 24, 2021, Bernetta Polley 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 from Guillain Barre syndrome (“GBS”)
as a result of an influenza vaccination she received on October 28, 2018. Petition at 1.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On February 23, 2022, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for her GBS. On April 27, 2023, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $160,000.00
for her pain and suffering. Proffer at 1. 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-01111-UNJ Document 51 Filed 06/02/23 Page 2 of 5
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $160,000.00 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-01111-UNJ Document 51 Filed 06/02/23 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
BERNETTA POLLEY,
Petitioner,
No. 21-1111V
v. Chief Special Master Corcoran
SPU
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On March 24, 2021, petitioner Bernetta Polley (“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 (“Vaccine Act” or “Act”). Petitioner alleges that she suffered
Guillain-Barré Syndrome as a result of an influenza vaccination administered on October 28,
2018. Petition at 1.
On February 22, 2022, respondent filed his Vaccine Rule 4(c) report, recommending that
compensation be awarded. ECF No. 28. On February 23, 2022, this Court issued a Ruling on
Entitlement finding petitioner entitled to compensation. ECF No. 29.
I. Items of Compensation
Respondent proffers that petitioner should be awarded $160,000.00, consisting entirely of
compensation for pain and suffering. This represents all elements of compensation to which
petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.

Case 1:21-vv-01111-UNJ Document 51 Filed 06/02/23 Page 4 of 5
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 $160,000.00, representing
compensation for all elements of economic and noneconomic damages, in the form of a check
payable to petitioner, Bernetta Polley.
III. Summary of Recommended Payment Following Judgment
Lump sum payable to petitioner, Bernetta Polley: $160,000.00.
Respectfully submitted,
BRIAN 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
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-01111-UNJ Document 51 Filed 06/02/23 Page 5 of 5
s/ Jennifer A. Shah
Jennifer A. Shah
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) 305-2181
Jennifer.shah@usdoj.gov
Dated: April 27, 2023
3