VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01514 Package ID: USCOURTS-cofc-1_21-vv-01514 Petitioner: Margaret Cooper-Hendon Filed: 2021-06-25 Decided: 2022-10-12 Vaccine: influenza Vaccination date: 2019-10-29 Condition: Guillain-Barré syndrome (GBS) Outcome: compensated Award amount USD: 127476 AI-assisted case summary: Margaret Cooper-Hendon filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered from Guillain-Barré syndrome (GBS) as a result of receiving an influenza vaccination on October 29, 2019. The respondent conceded that Ms. Cooper-Hendon is entitled to compensation, agreeing that her condition met the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation. The respondent confirmed that the onset of GBS occurred within the Table timeframe of three to forty-two days after the flu vaccination and that there was no apparent alternative cause. The respondent also agreed that the petition was timely filed, the vaccine was received in the United States, and Ms. Cooper-Hendon met the statutory severity requirement of suffering residual effects for more than six months. Based on the respondent's concession and the evidence, the court found Ms. Cooper-Hendon entitled to compensation. Subsequently, a proffer on award of compensation was filed, indicating Ms. Cooper-Hendon's agreement to the proposed amount. The court awarded her a lump sum payment of $127,476.61, which included $125,000.00 for pain and suffering and $2,476.61 for unreimbursed medical expenses. This award represents compensation for all damages available under the Vaccine Act. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-01514-0 Date issued/filed: 2022-05-04 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 03/25/2022) regarding 21 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-01514-UNJ Document 25 Filed 05/04/22 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1514V UNPUBLISHED MARGARET COOPER-HENDON, Chief Special Master Corcoran Petitioner, Filed: March 25, 2022 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on Entitlement; Concession; HUMAN SERVICES, Table Injury; Influenza (Flu); Guillain- Barré syndrome (GBS). Respondent. Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner. Katherine Carr Esposito, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On June 25, 2021, Margaret Cooper-Hendon 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 as a result of receiving the influenza (“flu”) vaccination on October 29, 2019, she suffered from Guillain-Barré syndrome (“GBS”). Petition at Preamble. The case was assigned to the Special Processing Unit of the Office of Special Masters. On March 24, 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 concludes that Petitioner has satisfied the criteria set forth in the Vaccine Injury Table (the “Table”) and the Qualifications and Aids to Interpretation 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-01514-UNJ Document 25 Filed 05/04/22 Page 2 of 2 (“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), (c)(15)). Petitioner indeed demonstrated symptoms of the acute inflammatory demyelinating polyneuropathy (“AIDP”) variant of GBS: bilateral limb weakness and decreased or absent deep tendon reflexes; a monophasic illness pattern; an interval between onset and nadir of weakness between 12 hours and 28 days; subsequent clinical plateau; and the absence of a more likely alternative diagnosis. Id. Respondent further agrees that the records show that the case was timely filed, that the vaccine was received in the United States, and that Petitioner satisfies the statutory severity requirement by suffering the residual effects or complications of her injury 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-01514-1 Date issued/filed: 2022-10-12 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 09/12/2022) regarding 32 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-01514-UNJ Document 36 Filed 10/12/22 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1514V UNPUBLISHED MARGARET COOPER-HENDON, Chief Special Master Corcoran Petitioner, Filed: September 12, 2022 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Damages Decision based on Proffer; HUMAN SERVICES, Table Injury; Influenza (Flu); Guillain- Barré syndrome (GBS). Respondent. Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner. Katherine Carr Esposito, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON DAMAGES1 On June 25, 2021, Margaret Cooper-Hendon 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 as a result of receiving the influenza (“flu”) vaccination on October 29, 2019, she suffered from Guillain-Barré syndrome (“GBS”). Petition at Preamble. The case was assigned to the Special Processing Unit of the Office of Special Masters. 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), Petitioners have 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-01514-UNJ Document 36 Filed 10/12/22 Page 2 of 5 On March 25, 2022, a ruling on entitlement was issued, finding that Petitioner was entitled to compensation for a GBS Table injury. On September 12, 2022, Respondent filed a proffer on award of compensation, which indicates Petitioner’s agreement to the amount(s) therein. 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 $127,476.61 (representing $125,000.00 for pain and suffering and $2,476.61 for unreimbursed 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. Case 1:21-vv-01514-UNJ Document 36 Filed 10/12/22 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS MARGARET COOPER-HENDON, Petitioner, No. 21-1514V v. Chief Special Master Corcoran SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. PROFFER ON AWARD OF COMPENSATION1 I. Procedural History On June 25, 2021, Margaret Cooper-Hendon (“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. She alleges that, as a result of receiving the influenza vaccine on October 29, 2019, she suffered from Guillain-Barre Syndrome (“GBS”). See Petition. On March 24, 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. On March 25, 2022, Chief Special Master Corcoran issued a ruling on entitlement, finding that petitioner was entitled to compensation for a GBS Table injury. II. Items of Compensation Based upon the evidence of record, respondent proffers that petitioner should be awarded a lump sum of $127,476.61, for all damages, including $125,000.00 representative of pain 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-01514-UNJ Document 36 Filed 10/12/22 Page 4 of 5 suffering, and $2,476.61 representative of out-of-pocket medical and related expenses. This 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 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 following: A lump sum payment of $127,476.61 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 ALEXIS B. BABCOCK Assistant Director Torts Branch, Civil Division 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, and the parties reserve the right to move the Court for appropriate relief. 2 Case 1:21-vv-01514-UNJ Document 36 Filed 10/12/22 Page 5 of 5 s/Katherine C. Esposito Katherine C. Esposito 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) 305-3774 katherine.esposito@usdoj.gov Dated: September 12, 2022 3