VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01353
Package ID: USCOURTS-cofc-1_21-vv-01353
Petitioner: Mindy Schuehrer
Filed: 2021-05-13
Decided: 2023-07-07
Vaccine: influenza
Vaccination date: 2018-09-19
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 102414

AI-assisted case summary:
On May 13, 2021, Mindy Schuehrer, through her legal guardian Kelley Kuhn, filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition alleged that Ms. Schuehrer suffered Guillain-Barre Syndrome (GBS) as a result of receiving an influenza vaccine on September 19, 2018. The petition stated that the vaccine was received in the United States, that the GBS and its sequelae lasted for more than six months, and that no other action or compensation had been sought for these injuries. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on August 12, 2022, conceding that Ms. Schuehrer's claim met the Table criteria for GBS and was therefore entitled to a presumption of vaccine causation. The respondent agreed that all legal prerequisites for compensation under the Act had been satisfied. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a ruling on entitlement on August 12, 2022, finding Ms. Schuehrer eligible for compensation. Subsequently, on June 6, 2023, the parties filed a stipulation for damages. The respondent proffered an award of $100,000.00 for pain and suffering and $2,414.23 to satisfy a State of Michigan Medicaid lien. Ms. Schuehrer, through her legal guardian, agreed with the proffered award. Chief Special Master Corcoran issued a decision awarding damages on July 7, 2023. The award consisted of a lump sum payment of $100,000.00 payable to Kelley Kuhn as legal guardian of Mindy Schuehrer for pain and suffering, and a lump sum payment of $2,414.23 payable jointly to Kelley Kuhn as legal guardian and the Michigan Department of Health and Human Services to satisfy the Medicaid lien. The total award was $102,414.23. Petitioner was represented by Laura Levenberg of Muller Brazil, LLP, and respondent was represented by Martin Conway Galvin of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or the medical expert witnesses involved in this case.

Theory of causation field:
Mindy Schuehrer filed a petition alleging Guillain-Barre Syndrome (GBS) resulting from an influenza vaccine received on September 19, 2018. The respondent conceded that the claim met the Vaccine Injury Table criteria for GBS and was entitled to a presumption of vaccine causation. The respondent agreed that the case was timely filed, the vaccine was received in the United States, the injury lasted more than six months, and no prior action or compensation was received. Chief Special Master Brian H. Corcoran issued a ruling on entitlement finding Ms. Schuehrer eligible for compensation. A subsequent stipulation for damages was reached, with the respondent proffering an award of $100,000.00 for pain and suffering and $2,414.23 to satisfy a State of Michigan Medicaid lien. Ms. Schuehrer agreed to the award. Chief Special Master Corcoran issued a decision awarding a total of $102,414.23, consisting of the $100,000.00 lump sum for pain and suffering payable to her legal guardian, Kelley Kuhn, and the $2,414.23 lump sum for the Medicaid lien payable jointly to Ms. Kuhn and the Michigan Department of Health and Human Services. Petitioner was represented by Laura Levenberg (Muller Brazil, LLP) and respondent by Martin Conway Galvin (U.S. Department of Justice). The public text does not detail the specific mechanism of causation or name any medical experts.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-01353-0
Date issued/filed: 2022-09-21
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/12/2022) regarding 26 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made.
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Case 1:21-vv-01353-UNJ Document 28 Filed 09/21/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-1353V
UNPUBLISHED
MINDY SCHUEHRER, Chief Special Master Corcoran
Petitioner, Filed: August 12, 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.
Laura Levenberg, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Martin Conway Galvin, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On May 13, 2021, Mindy Schuehrer 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 an influenza (“flu”) vaccine received on September 19, 2018. Petition at 1.
Petitioner further alleges she received the flu vaccine in the United States, her GBS and
sequelae lasted for more than six months, and neither Petitioner nor any other party has
filed an action or received compensation in the form of an award or settlement for
Petitioner’s vaccine-related injuries. Petition at ¶¶ 2, 13-15. 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-01353-UNJ Document 28 Filed 09/21/22 Page 2 of 2
On August 12, 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 agrees that “petitioner’s claim meets the Table criteria for
GBS . . . . and is therefore entitled to a presumption of vaccine causation.” Id. at 16-17.
Respondent further agrees that “the records show that the case was timely filed; that
petitioner received the vaccine in the United States; that the vaccine that petitioner
received is set forth in the Vaccine Injury Table; that petitioner’s injury lasted for at least
six months; and that petitioner has not filed a prior action or received any prior
compensation or award for an injury related to this vaccine. Therefore, based on the
record as it now stands, petitioner has satisfied all legal prerequisites for compensation
under the Act.” Id. at 17 (citations omitted).
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-01353-1
Date issued/filed: 2023-07-07
Pages: 6
Docket text: PUBLIC DECISION (Originally filed: 06/06/2023) regarding 42 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made.
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Case 1:21-vv-01353-UNJ Document 46 Filed 07/07/23 Page 1 of 6
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-1353V
UNPUBLISHED
MINDY SCHUEHRER, by and through Chief Special Master Corcoran
her legal guardian KELLEY KUHN,
Filed: June 6, 2023
Petitioner,
v. Special Processing Unit (SPU);
Damages Decision Based on Proffer;
SECRETARY OF HEALTH AND Influenza (Flu) Vaccine; Guillain-
HUMAN SERVICES, Barre Syndrome (GBS)
Respondent.
Laura Levenberg, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Martin Conway Galvin, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On May 13, 2021, Mindy Schuehrer2 filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.3 (the
“Vaccine Act”). Petitioner alleges that she suffered Guillain-Barre Syndrome (“GBS”)
resulting from an influenza (“flu”) vaccine received on September 19, 2018. Petition at 1.
Petitioner further alleges she received the flu vaccine in the United States, her GBS and
sequelae lasted for more than six months, and neither Petitioner nor any other party has
filed an action or received compensation in the form of an award or settlement for
1 Because this unpublished 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 On March 13, 2023, the caption was amended to reflect a legal guardianship established for Petitioner
(ECF No. 35).
3 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 (2018).

Case 1:21-vv-01353-UNJ Document 46 Filed 07/07/23 Page 2 of 6
Petitioner’s vaccine-related injuries. Petition at ¶¶ 2, 13-15. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On August 12, 2022, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for GBS. On June 6, 2023, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $100,000.00 for pain
and suffering and $2,414.23 to satisfy a State of Michigan Medicaid lien. Proffer at 2-3.
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:
1) A lump sum payment of $100,000.00 (for pain and suffering) in the form of a
check payable to Kelley Kuhn as the legal guardian of Mindy Schuehrer; and
2) A lump sum payment of $2,414.23, representing compensation for
satisfaction of the State of Michigan Medicaid lien, in the form of a check
payable jointly to Kelley Kuhn as the legal guardian of Mindy Schuehrer and:
Michigan Department of Health and Human Services
Third Party Liability Division
P.O. Box. 30053
Lansing, MI 48909
Ms. Kuhn agrees to endorse the check to the Michigan Department of Health
and Human Services for satisfaction of the Medicaid lien.
These amounts represent all elements of compensation to which Petitioner is
entitled under Section 15(a).
The Clerk of Court is directed to enter judgment in accordance with this decision.4
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
4 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-01353-UNJ Document 46 Filed 07/07/23 Page 3 of 6
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
MINDY SCHUEHRER, by and through her
legal guardian KELLEY KUHN,
Petitioner,
No. 21-1353V
v. Chief Special Master Corcoran
ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
PROFFER ON AWARD OF DAMAGES
On May 13, 2021, Mindy Schuehrer (“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 Guillain-Barre Syndrome (“GBS”)
caused by her receipt of an influenza vaccination on September 19, 2018. See Petition at 1.
On August 12, 2022, the Secretary of Health and Human Services (“respondent”) filed his
Rule 4(c) report concluding that petitioner suffered GBS as defined by the Vaccine Injury
Table, within the Table timeframe, and that this case is appropriate for compensation. ECF
No. 25. Thus, the Chief Special Master issued a Ruling on Entitlement finding petitioner
entitled to compensation. ECF No. 26; ECF No. 27. On March 13, 2023, petitioner filed a
motion to amend the caption to indicate that Kelley Kuhn had been appointed as her legal
guardian. ECF No. 34. On the same date, the Court granted the motion and issued an
Order to amend the caption. ECF No. 35.
1

Case 1:21-vv-01353-UNJ Document 46 Filed 07/07/23 Page 4 of 6
I. Compensation for Vaccine Injury-Related Items
Based on the evidence of record, respondent proffers that petitioner should be
awarded the following:
A. Pain and Suffering
Respondent proffers that petitioner should be award $100,000.00 for pain and
suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
B. Medicaid Lien
Respondent proffers that petitioner should be awarded funds to satisfy the State of
Michigan Medicaid lien in the amount of $2,414.23, which represents full satisfaction of
any right of subrogation, assignment, claim, lien, or cause of action the State of Michigan
may have against any individual as a result of any Medicaid payments the State of
Michigan has made to or on behalf of petitioner from the date of her eligibility for
benefits through the date of judgment in this case as a result of her alleged vaccine-
related injury suffered on or about November 6, 2018 under Title XIX of the Social
Security Act.
The above amounts represent all elements of compensation to which petitioner
would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
Respondent recommends that the compensation provided to petitioner be made
through two lump sum payments as described below:
(1) A lump sum payment of $100,000.00 in the form of a check payable to
Kelley Kuhn as the legal guardian of Mindy Schuehrer.1
1 Should Mindy Schuehrer die prior to the entry of judgment, respondent reserves the
right to move the Court for appropriate relief. In particular, respondent would oppose
any award for future medical expenses, future pain and suffering, and future lost
earnings.
2

Case 1:21-vv-01353-UNJ Document 46 Filed 07/07/23 Page 5 of 6
(2) A lump sum payment of $2,414.23 representing compensation for
satisfaction of the State of Michigan Medicaid lien, in the form of a check
payable jointly to Kelley Kuhn as the legal guardian of Mindy Schuehrer,
and:
Michigan Department of Health and Human Services
Third Party Liability Division
P.O. Box 30053
Lansing, MI 48909.
Ms. Kuhn agrees to endorse the check to the Michigan Department of Health and
Human Services for satisfaction of the Medicaid lien.
Respondent recommends that petitioner be awarded lump sum payments as
indicated above in the form of a check payable to legal guardian Kelley Kuhn, as legal
guardian of Mindy Schuehrer.2 Petitioner agrees.
These amounts represent all elements of compensation to which petitioner is
entitled under 42 U.S.C. § 300aa-15(a). 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
2 If for some reason Kelley Kuhn is not authorized by a court of competent jurisdiction to
serve as the legal guardian of Mindy Schuehrer at the time a payment pursuant to this
Proffer is to be made, then any such payment shall be paid to the party or parties
appointed by a court of competent jurisdiction to serve as legal guardian of Mindy
Schuehrer upon submission of written documentation of such appointment to the
Secretary.
3

Case 1:21-vv-01353-UNJ Document 46 Filed 07/07/23 Page 6 of 6
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
/s/ Martin C. Galvin
MARTIN C. GALVIN
Trial Attorney, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 305-3071
Martin.Galvin@usdoj.gov
Dated: June 6, 2023
4