VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01382 Package ID: USCOURTS-cofc-1_21-vv-01382 Petitioner: Raymond Milligan, Jr Filed: 2021-05-21 Decided: 2022-09-12 Vaccine: influenza Vaccination date: 2019-10-26 Condition: Guillain-Barre Syndrome (GBS) Outcome: compensated Award amount USD: 145556 AI-assisted case summary: Raymond Milligan, Jr. filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccination he received on October 26, 2019. The respondent conceded that Mr. Milligan was entitled to compensation, determining that his GBS met the criteria set forth in the Vaccine Injury Table, including timely onset after a seasonal flu vaccination and the absence of an apparent alternative cause. The respondent also agreed that Mr. Milligan timely filed his case, received the vaccine in the United States, and satisfied the statutory severity requirement by suffering residual effects of GBS for more than six months. Following the ruling on entitlement, the parties submitted a proffer on the award of compensation. The respondent recommended, and Mr. Milligan agreed, to an award of $145,556.01, which included $145,000.00 for pain and suffering and $556.01 for unreimbursed medical expenses. The Chief Special Master issued a decision awarding this amount as a lump sum payment to Mr. Milligan, who is a competent adult. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-01382-0 Date issued/filed: 2022-06-24 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 05/18/2022) regarding 15 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-01382-UNJ Document 19 Filed 06/24/22 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1382V UNPUBLISHED RAYMOND MILLIGAN, JR, Chief Special Master Corcoran Petitioner, Filed: May 18, 2022 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on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. Jamica Marie Littles, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On May 21, 2021, Raymond, Milligan, Jr. 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 he suffered Guillain-Barre Syndrome (GBS), resulting from the influenza vaccination he received on October 26, 2019. Petition at 1. Petitioner further alleges that he received the vaccination within the United States, his GBS symptoms persisted for more than six months, and neither he, nor any other party, has ever filed any action for Petitioner’s vaccine-related injury.” Petition at 1-3. The case was assigned to the Special Processing Unit of the Office of Special Masters. On April 25, 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. 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-01382-UNJ Document 19 Filed 06/24/22 Page 2 of 2 Specifically, Respondent determined that “[P]etitioner has satisfied the criteria set forth in the Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation (“QAI”), 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.” Id. at 5-6. Respondent further agrees that “the records show that [P]etitioner timely filed this case, received the flu vaccine in the United States, and satisfied the statutory severity requirement by suffering the residual effects or complications of GBS for more than six months after vaccine administration.” 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-01382-1 Date issued/filed: 2022-09-12 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 08/10/2022) regarding 23 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-01382-UNJ Document 27 Filed 09/12/22 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1382V UNPUBLISHED RAYMOND MILLIGAN, JR, Chief Special Master Corcoran Petitioner, Filed: August 10, 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. Laura Levenberg, Muller Brazil, LLP, Dresher, PA, for Petitioner. Jamica Marie Littles, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On May 21, 2021, Raymond, Milligan, Jr. 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 he suffered Guillain-Barre Syndrome (GBS), resulting from the influenza vaccination he received on October 26, 2019. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On May 18, 2022, a ruling on entitlement was issued, finding Petitioner entitled to compensation for GBS. On August 10, 2022, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $145,556.01 (comprised of $145,000.00 for pain and suffering and $556.01 for unreimbursed medical expenses). Proffer at 1-2. In the Proffer, Respondent represented that Petitioner agrees 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-01382-UNJ Document 27 Filed 09/12/22 Page 2 of 4 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 $145,556.01 (comprised of $145,000.00 for pain and suffering and $556.01 for unreimbursed medical 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-01382-UNJ Document 27 Filed 09/12/22 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ___________________________________ ) RAYMOND MILLIGAN, JR., ) ) Petitioner, ) No. 21-1382V ) Chief Special Master Corcoran v. ) ECF ) SECRETARY OF HEALTH ) AND HUMAN SERVICES, ) ) Respondent. ) ___________________________________ ) PROFFER ON AWARD OF COMPENSATION1 I. Procedural History On May 21, 2021, Raymond Milligan, Jr. (“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. He alleges that, as a result of receiving the influenza vaccine on October 26, 2019, he suffered from Guillain-Barre Syndrome (“GBS”). See Petition at 1; Ex. 1 at 1. On April 25, 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. 14. On May 18, 2022, Chief Special Master Corcoran issued a ruling on entitlement, finding that petitioner was entitled to compensation for a GBS Table injury. ECF No. 15. II. Items of Compensation Based upon the evidence of record, respondent proffers that petitioner should be awarded a lump sum of $145,556.01 for all damages, including $145,000.00 for pain and suffering, and 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-01382-UNJ Document 27 Filed 09/12/22 Page 4 of 4 $556.01 for unreimbursed medical expenses. This lump sum amount represents all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. III. Form of the Award Petitioner is a competent adult. Evidence of guardianship is not required in this case. Respondent recommends that the Chief Special Master’s decision and the Court’s judgment award petitioner compensation through a lump sum payment of $145,556.01, 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 Acting Director Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division DARRYL R. WISHARD Assistant Director Torts Branch, Civil Division /s/ Jamica M. Littles JAMICA M. LITTLES Trial Attorney Torts Branch, Civil Division U. S. Department of Justice P.O. Box l46, Benjamin Franklin Station Washington, D.C. 20044-0146 Dated: August 10, 2022 (202)305-4014 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. The parties reserve the right to move the Court for appropriate relief. 2