VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01437 Package ID: USCOURTS-cofc-1_21-vv-01437 Petitioner: Sean Bryan Filed: 2021-06-04 Decided: 2023-08-21 Vaccine: influenza Vaccination date: 2019-09-17 Condition: Guillain-Barré syndrome (GBS) Outcome: compensated Award amount USD: 120935 AI-assisted case summary: Sean Bryan filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered Guillain-Barré syndrome (GBS) as a result of an influenza vaccine administered on September 17, 2019. The respondent conceded that Mr. Bryan's claim met the criteria set forth in the Vaccine Injury Table for GBS following receipt of a flu vaccine. The respondent also agreed that the case was timely filed, the vaccine was received in the United States, and Mr. Bryan satisfied the statutory six-month sequela requirement. A ruling on entitlement was issued on November 17, 2022, finding Mr. Bryan entitled to compensation. Subsequently, on July 18, 2023, the respondent filed a proffer on award of compensation, which Mr. Bryan agreed with. The court awarded Mr. Bryan a lump sum payment of $120,935.40, representing $117,500.00 for pain and suffering and $3,435.40 for past unreimbursable expenses. This amount was compensation for all damages available under Section 15(a) of the Vaccine Act. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-01437-0 Date issued/filed: 2022-12-19 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 11/17/2022) regarding 28 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-01437-UNJ Document 30 Filed 12/19/22 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1437V UNPUBLISHED SEAN BRYAN, Chief Special Master Corcoran Petitioner, v. Filed: November 17, 2022 SECRETARY OF HEALTH AND Special Processing Unit (SPU); HUMAN SERVICES, Ruling on Entitlement; Concession; Table Injury; Influenza (Flu); Guillain- Respondent. Barré syndrome (GBS). Nancy Routh Meyers, Turning Point Litigation, Greensboro, NC, for Petitioner. Steven Santayana, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On June 4, 2021, Sean Bryan 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-Barré syndrome (“GBS”) as a result of an influenza (“flu”) vaccine administered on September 17, 2019. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On November 16, 2022, Respondent filed his Rule 4(c) report in which he states that he does not contest that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1. Specifically, Respondent states that Petitioner’s claim meets the criteria set forth in the Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation (“QAI”) for GBS following receipt of a flu vaccine. 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-01437-UNJ Document 30 Filed 12/19/22 Page 2 of 2 Id. at 7 (citing 42 C.F.R. §§ 100.3(a), (c)(10). Respondent further agrees that the case was timely filed, that the vaccine was received in the United States, and that Petitioner satisfied the statutory six-month sequela requirement by suffering the residual effects or complications of his injury for more than six months. Id. (citing Vaccine Act Section 11(c)(D)(I)). 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-01437-1 Date issued/filed: 2023-08-21 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 07/18/2023) regarding 38 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-01437-UNJ Document 42 Filed 08/21/23 Page 1 of 5 Corrected In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1437V SEAN BRYAN, Chief Special Master Corcoran Petitioner, v. Filed: July 18, 2023 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Nancy Routh Meyers, Turning Point Litigation, Greensboro, NC, for Petitioner. Steven Santayana, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON DAMAGES1 On June 4, 2021, Sean Bryan 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-Barré syndrome (“GBS”) as a result of an influenza (“flu”) vaccine administered on September 17, 2019. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On November 17, 2022, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On July 18, 2023, Respondent filed a proffer on award of compensation (“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 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 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-01437-UNJ Document 42 Filed 08/21/23 Page 2 of 5 Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $120,935.40 (representing $117,500.00 for pain and suffering, and $3,435.40 for past 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-01437-UNJ Document 42 Filed 08/21/23 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ____________________________________ ) SEAN BRYAN, ) ) Petitioner, ) ) No. 21-1437V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND ) HUMAN SERVICES, ) ) Respondent. ) ____________________________________) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On June 4, 2021, Sean Bryan (“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, alleging that he suffered Guillain-Barré Syndrome (“GBS”), following administration of an influenza vaccine he received on September 17, 2019. Petition at 1. On November 16, 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 GBS following administration of the flu vaccine, and the next day, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 27; ECF No. 28. Items of Compensation Pain and Suffering Respondent proffers that petitioner should be awarded $117,500.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. 1 Case 1:21-vv-01437-UNJ Document 42 Filed 08/21/23 Page 4 of 5 Past Unreimbursable Expenses Evidence supplied by petitioner documents that he incurred past unreimbursable expenses related to his vaccine-related injury. Respondent proffers that petitioner should be awarded past unreimbursable expenses in the amount of $3,435.40. See 42 U.S.C. § 300aa-15(a)(1)(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. 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 $120,935.40, in the form of a check payable to petitioner. Summary of Recommended Payments Following Judgment Lump sum payable to petitioner, Sean Bryan: $120,935.40 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 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-01437-UNJ Document 42 Filed 08/21/23 Page 5 of 5 TRACI R. PATTON Assistant Director Torts Branch, Civil Division s/ Steven C. Santayana ____ STEVEN C. SANTAYANA 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) 451-7675 steven.c.santayana@usdoj.gov Dated: July 18, 2023 3 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_21-vv-01437-cl-extra-10735604 Date issued/filed: 2024-04-16 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10269014 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1437V SEAN BRYAN, Chief Special Master Corcoran Petitioner, v. Filed: March 13, 2024 SECRETARY OF HEALTH AND Special Processing Unit (SPU); HUMAN SERVICES, Attorney’s Fees and Costs Respondent. Nancy Routh Meyers, Turning Point Litigation, Greensboro, NC,, for Petitioner. Lara A. England, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On June 4, 2021, Sean Bryan 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-Barré syndrome (“GBS”) as a result of an influenza (“flu”) vaccine administered on September 17, 2019. Petition at 1. On July 18, 2023, I issued a decision awarding compensation to Petitioner based on the Respondent’s proffer. ECF No. 38. Petitioner has now filed a motion for attorney’s fees and costs, requesting an award of $21,280.74 (representing $20,063.50 in fees plus $1,217.24 in costs). Petitioner’s Motion for Attorneys’ Fees and Costs (“Motion”) filed Dec. 11, 2023, ECF No. 43. In 1Because this 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. accordance with General Order No. 9, Petitioner filed a signed statement indicating that he incurred no out-of-pocket expenses. ECF No. 43-2. Respondent reacted to the motion on December 12, 2023, indicating that he is satisfied that the statutory requirements for an award of attorney’s fees and costs are met in this case, but deferring resolution of the amount to be awarded to my discretion. Respondent’s Response to Motion at 2-3, ECF No. 44. Petitioner filed his response on December 13, 2023, concurring with Respondent’s recommendation for the Chief Special Master to award fees and costs at his discretion. ECF No. 45. I have reviewed the billing records submitted with Petitioner’s request. In my experience, the request appears reasonable, and I find no cause to reduce the requested hours or rates. Furthermore, Petitioner has provided supporting documentation for all claimed costs. ECF No. 43 -1 at 14 - 31. Respondent offered no specific objection to the rates or amounts sought. The Vaccine Act permits an award of reasonable attorney’s fees and costs for successful claimants. Section 15(e). Accordingly, I hereby GRANT Petitioner’s Motion for attorney’s fees and costs. I award a total of $21,280.74 (representing $20,063.50 in fees plus $1,217.24 in costs) as a lump sum in the form of a check jointly payable to Petitioner and Petitioner’s counsel, Turning Point Litigation. In the absence of a timely-filed motion for review (see Appendix B to the Rules of the Court), the Clerk of Court shall enter judgment in accordance with this decision. 2 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 2 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by filing a joint notice renouncing their right to seek review. 2