VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01442
Package ID: USCOURTS-cofc-1_21-vv-01442
Petitioner: Dawn Hobbs
Filed: 2021-06-07
Decided: 2024-03-04
Vaccine: influenza
Vaccination date: 2019-11-04
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 152958

AI-assisted case summary:
Dawn Hobbs filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a Table Injury of Guillain-Barré Syndrome (GBS) as a result of an influenza vaccination she received on November 4, 2019. The respondent conceded that Ms. Hobbs is entitled to compensation, agreeing that her injury met the criteria set forth in the Vaccine Injury Table, specifically that the onset of GBS occurred within the specified timeframe after a seasonal flu vaccination and that there was no apparent alternative cause. The respondent also confirmed that Ms. Hobbs timely filed her case, received the vaccine in the United States, and satisfied the statutory severity requirement by suffering residual effects for more than six months. A ruling on entitlement was issued on July 10, 2023, finding her entitled to compensation. As the parties could not resolve damages informally, a hearing was held on January 29, 2024. The court awarded Ms. Hobbs a total of $152,958.62, which included $135,000.00 for pain and suffering, $7,458.42 for unreimbursed expenses, and $10,500.20 for lost wages.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-01442-0
Date issued/filed: 2023-08-10
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 07/10/2023) regarding 26 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:21-vv-01442-UNJ Document 29 Filed 08/10/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-1442V
DAWN HOBBS, Chief Special Master Corcoran
Petitioner, Filed: July 10, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
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 June 7, 2021, Dawn Hobbs 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 a Table Injury of Guillain-Barre Syndrome
(“GBS”) as a result of her influenza (“flu”) vaccination received on November 4, 2019.
Petition at 1. Petitioner further alleges the vaccine was administered within the United
States, that she suffered the residual effects of her injury for more than six months, and
that there has been no prior award or settlement of a civil action on her behalf as a result
of her injury. See Petition at ¶¶ 1,14-16. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
1 Because this Ruling 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 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 (2018).

Case 1:21-vv-01442-UNJ Document 29 Filed 08/10/23 Page 2 of 2
On July 7, 2023, 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 indicates that it is his
position that petitioner 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 8 (citing 42 C.F.R. §§ 100.3(a)(XIV)(D), 100.3(c)(15)). Respondent further agrees
that “[w]ith respect to other statutory and jurisdictional issues, the records show that
petitioner 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. (citing Section
11(c)(1)(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

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DOCUMENT 2: USCOURTS-cofc-1_21-vv-01442-1
Date issued/filed: 2024-03-04
Pages: 3
Docket text: PUBLIC DECISION (Originally filed: 01/30/2024) regarding 32 DECISION of Special Master ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:21-vv-01442-UNJ Document 38 Filed 03/04/24 Page 1 of 3
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-1442V
DAWN HOBBS, Chief Special Master Corcoran
Petitioner, Filed: January 30, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
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 June 7, 2021, Dawn Hobbs 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 alleged she suffered a Table injury – Guillain-Barré syndrome (“GBS”) –
as a result of an influenza vaccine received on November 4, 2019. Petition at 1. The case
was assigned to the Special Processing Unit of the Office of Special Masters. On July 10,
2023, a ruling on entitlement was issued, finding Petitioner entitled to compensation for
GBS. ECF No. 26. Because the parties could not informally resolve the issue of damages,
they filed briefs setting forth their respective arguments and were notified that I would
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 (2018).

Case 1:21-vv-01442-UNJ Document 38 Filed 03/04/24 Page 2 of 3
resolve this dispute via an expedited “Motions Day” hearing, which took place on January
29, 2024.
Petitioner has requested an award of $170,000.00 for Petitioner’s actual pain and
suffering, while Respondent recommends an award of $93,200.00. The parties agreed
upon an award of $7,458.42 for Petitioner’s unreimbursed expenses, and $10,500.20 in
lost wages.
At the conclusion of the Motions Day hearing, and after listening to the arguments
of both sides, I issued an oral ruling on damages constituting my findings of fact and
conclusions of law, pursuant to Section 12(d)(3)(A). (An official recording of the
proceeding was taken by a court reporter, although a transcript has not yet been filed in
this matter – but I hereby fully adopt and incorporate that oral ruling as officially recorded.)
In addition, in another recent ruling I discussed at length the legal standard to be
considered in determining damages in cases involving GBS as the injury. I fully adopt and
hereby incorporate my prior discussion of the legal standard and statistical data for such
cases from Grant v. Sec'y of Health & Hum. Servs., No. 20-1262V, 2023 WL 6214589, at
*4-6, n.6 (Fed. Cl. Spec. Mstr. Aug. 31, 2023). The official recording of my oral ruling also
includes my discussion of various comparable cases, as well as specific facts relating to
Petitioner’s medical history and experience that further informed my decision awarding
damages herein.
Based on my consideration of the complete record as a whole and the parties’
arguments, and for the reasons discussed at the Motions Day argument, pursuant to
Section 12(d)(3)(A) I find that $135,000.00 represents a fair and appropriate amount
of compensation for Petitioner’s actual pain and suffering.3
Accordingly, I award Petitioner a lump sum payment of $152,958.62
(representing $135,000.00 for pain and suffering, $7,458.42 for unreimbursed
expenses, and $10,500.20 for lost wages) in the form of a check payable to
Petitioner. This amount represents compensation for all damages that would be available
under Section 15(a).
3 Since this amount is being awarded for actual, rather than projected, pain and suffering, no reduction to
net present value is required. See Section 15(f)(4)(A); Childers v. Sec’y of Health & Hum. Servs., No. 96-
0194V, 1999 WL 159844, at *1 (Fed. Cl. Spec. Mstr. Mar. 5, 1999) (citing Youngblood v. Sec’y of Health &
Hum. Servs., 32 F.3d 552 (Fed. Cir. 1994)).
2

Case 1:21-vv-01442-UNJ Document 38 Filed 03/04/24 Page 3 of 3
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.
3