VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01696
Package ID: USCOURTS-cofc-1_21-vv-01696
Petitioner: Karrolee Tomchak
Filed: 2021-08-16
Decided: 2023-07-21
Vaccine: influenza
Vaccination date: 2019-10-22
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 145171

AI-assisted case summary:
Karrolee Tomchak filed a petition for compensation under the National Vaccine Injury Compensation Program on August 16, 2021, alleging that she suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccination she received on October 22, 2019. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on September 1, 2022, conceding that Ms. Tomchak's claim met the Table criteria for GBS and that all other statutory prerequisites for compensation were satisfied. These included timely filing, vaccination in the United States, the vaccine being listed in the Vaccine Injury Table, the injury lasting for at least six months, and no prior action or compensation for the injury. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a ruling on entitlement on September 2, 2022, finding Ms. Tomchak entitled to compensation. Subsequently, on June 20, 2023, the parties submitted a proffer on the award of compensation. The respondent proffered that Ms. Tomchak should be awarded a lump sum of $145,171.41, consisting of $140,000.00 for past pain and suffering and $5,171.41 for out-of-pocket expenses. The petitioner agreed with this proffered award. On July 21, 2023, Chief Special Master Corcoran issued a decision awarding Ms. Tomchak the lump sum of $145,171.41, representing compensation for all damages available under the Act. Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC. Respondent was represented by Julia Marter Collison and Joseph Adam Lewis of the U.S. Department of Justice.

Theory of causation field:
Karrolee Tomchak received an influenza vaccination on October 22, 2019, and subsequently developed Guillain-Barre Syndrome (GBS). The respondent conceded that the petitioner's claim met the Table criteria for GBS, satisfying the statutory prerequisites for compensation under the National Vaccine Injury Compensation Program. The public decision does not describe the specific medical experts, clinical details of the GBS onset and progression, diagnostic tests, or treatments. The theory of causation is based on the Vaccine Injury Table. The case resulted in an award of $145,171.41, comprising $140,000.00 for past pain and suffering and $5,171.41 for out-of-pocket expenses. The ruling on entitlement was issued by Chief Special Master Brian H. Corcoran on September 2, 2022, and the final decision awarding damages was issued on July 21, 2023. Petitioner's counsel was Leah VaSahnja Durant, and respondent's counsel included Julia Marter Collison and Joseph Adam Lewis.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-01696-0
Date issued/filed: 2022-10-07
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 09/02/2022) regarding 18 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:21-vv-01696-UNJ Document 21 Filed 10/07/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-1696V
UNPUBLISHED
KARROLEE TOMCHAK, Chief Special Master Corcoran
Petitioner, Filed: September 2, 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.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Julia Marter Collison, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On August 16, 2021, Karrolee Tomchak 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 – Guillain-Barre
Syndrome (GBS) – as a result of her October 22, 2019 influneza (“flu”) vaccination.
Petition at 1. Petitioner further alleges 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 ¶¶ 12-12. 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-01696-UNJ Document 21 Filed 10/07/22 Page 2 of 2
On September 1, 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 that “[t]he facts of this case, as reflected in the petition and
accompanying documents, have been reviewed by medical personnel at the Division of
Injury Compensation Programs of the Department of Health and Human Services
(“DICP”). DICP has concluded that petitioner’s claim meets the Table criteria for GBS.”
Id. at 9. Respondent further agrees that
[w]ith respect to other statutory issues, the records show that the case
was timely filed, 42 U.S.C. § 300aa-16(a)(2); that petitioner received the
vaccine in the United States, 42 U.S.C. § 300aa-11(c)(1)(B)(i)(I); that the
vaccine that petitioner received is set forth in the Vaccine Injury Table, 42
C.F.R. § 100.3(a)(XIV)(D); that petitioner’s injury lasted for at least six
months, 42 U.S.C. § 300aa-11(c)(1)(D)(i); and that petitioner has not filed
a prior action or received any prior compensation or award for an injury
related to this vaccine, 42 U.S.C. § 300aa-11(c)(1)(E). Therefore, based
on the record as it now stands, petitioner has satisfied all legal
prerequisites for compensation under the Act.
Id. at 10.
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-01696-1
Date issued/filed: 2023-07-21
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 06/21/2023) regarding 33 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:21-vv-01696-UNJ Document 37 Filed 07/21/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-1696V
KARROLEE TOMCHAK, Chief Special Master Corcoran
Petitioner, Filed: June 21, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Joseph Adam Lewis, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On August 16, 2021, Karrolee Tomchak 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 that she suffered a Table injury – Guillain-Barre
Syndrome (GBS) – as a result of her October 22, 2019 influneza (“flu”) vaccination.
Petition at 1.The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On September 2, 2022, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for GBS. On June 20, 2023, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded a lump sum of
$145,171.41, consisting of $140,000.00 for past pain and suffering and $5,171.41 for out-
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-01696-UNJ Document 37 Filed 07/21/23 Page 2 of 5
of-pocket expenses. Proffer at 2. 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 a lump
sum payment of $145,171.41 (consisting of $140,000.00 for past pain and suffering
and $5,171.41 for out-of-pocket 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-01696-UNJ Document 37 Filed 07/21/23 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
KARROLEE TOMCHAK, )
)
Petitioner, ) No. 21-1696V ECF
)
v. ) Chief Special Master Corcoran
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
___________________________________ )
PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On August 16, 2021, Karrolee Tomchak (“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”). Petitioner alleges that on October 22, 2019, she received an influenza (“flu”)
vaccination, and that as a result she suffered Guillain-Barre Syndrome (“GBS”). Petition at 1-4.
On September 1, 2022, respondent filed his Vaccine Rule 4(c) Report, concluding that petitioner
suffered from GBS as defined by the Vaccine Injury Table, within the Table timeframe. ECF
No. 17. On September 2, 2022, Chief Special Master Corcoran issued a ruling on entitlement,
finding that petitioner was entitled to compensation for a GBS Table injury. ECF No. 18.
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-01696-UNJ Document 37 Filed 07/21/23 Page 4 of 5
II. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
a lump sum of $145,171.41, consisting of $140,000.00 for past pain and suffering and $5,171.41
for out-of-pocket 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 $145,171.41 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
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
TRACI R. PATTON
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-01696-UNJ Document 37 Filed 07/21/23 Page 5 of 5
s/ Joseph A. Lewis
JOSEPH A. LEWIS
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146,
Benjamin Franklin Station
Washington, D.C. 20044-0146
T: (202) 451-7495
E: joseph.a.lewis@usdoj.gov
DATED: June 20, 2023
3