VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01711 Package ID: USCOURTS-cofc-1_21-vv-01711 Petitioner: Christopher Hudson Filed: 2021-08-17 Decided: 2022-09-12 Vaccine: influenza Vaccination date: 2020-09-02 Condition: Guillain-Barré Syndrome (GBS) Outcome: compensated Award amount USD: 156805 AI-assisted case summary: Christopher Hudson filed a petition for compensation under the National Vaccine Injury Compensation Program on August 17, 2021, alleging that he suffered Guillain-Barré Syndrome (GBS) as a result of an influenza vaccine received on September 2, 2020. GBS is a condition listed in the Vaccine Injury Table. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on July 5, 2022, conceding that Mr. Hudson was entitled to compensation. The respondent believed that Mr. Hudson met the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a ruling on entitlement on July 5, 2022, finding Mr. Hudson entitled to compensation. Subsequently, on August 8, 2022, the respondent filed a proffer on the award of compensation. This proffer indicated that Mr. Hudson should be awarded $156,805.19. This amount was comprised of $155,000.00 for actual and projected pain and suffering, with the future pain and suffering portion reduced to net present value, and $1,805.19 for past unreimbursable expenses. The proffer stated that Mr. Hudson, a competent adult, agreed with this proffered award. Chief Special Master Corcoran issued a decision on September 12, 2022, awarding Mr. Hudson the sum of $156,805.19 as a lump sum payment, payable to him, representing compensation for pain and suffering and past unreimbursable expenses. Petitioner's counsel was Alison H. Haskins of Maglio Christopher & Toale, PA, and respondent's counsel was Julia Marter Collison of the U.S. Department of Justice. Theory of causation field: Christopher Hudson filed a petition alleging Guillain-Barré Syndrome (GBS) after receiving an influenza vaccine on September 2, 2020. GBS is a "Table injury" under the National Vaccine Injury Compensation Program. The respondent conceded entitlement, agreeing that petitioner met the criteria set forth in the Vaccine Injury Table and Qualifications and Aids to Interpretation. The public decision does not describe the specific mechanism of causation or name any medical experts. The case resulted in a compensated outcome. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on July 5, 2022, and a decision awarding damages on September 12, 2022. The award totaled $156,805.19, consisting of $155,000.00 for pain and suffering (including net present value of future pain and suffering) and $1,805.19 for past unreimbursable expenses. Petitioner was represented by Alison H. Haskins, and respondent was represented by Julia Marter Collison. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-01711-0 Date issued/filed: 2022-08-15 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 07/05/2022) regarding 32 Ruling on Entitlement, Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-01711-UNJ Document 37 Filed 08/15/22 Page 1 of 2 CORRECTED In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1711V UNPUBLISHED CHRISTOPHER HUDSON, Chief Special Master Corcoran Petitioner, Filed: July 5, 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. Alison H. Haskins, Maglio Christopher & Toale, PA, Sarasota, FL, for Petitioner. Julia Marter Collison, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On August 17, 2021, Christopher Hudson 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”), a defined Table injury, which also was causally related to the influenza vaccine he received on September 2, 2020. Petition at 1, ¶¶ 1, 11, 19, 23. Petitioner further alleges that he received the vaccination in the United States, that he continues to suffer the residual effects of his GBS more than six months post-vaccination, and that neither he nor any other party has filed a civil action or received compensation for his GBS. Petition at ¶¶ 1, 19, 21, 24-25. 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-01711-UNJ Document 37 Filed 08/15/22 Page 2 of 2 On July 5, 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 believes “that [P]etitioner has satisfied the criteria set forth in the Vaccine Injury Table (Table) and Qualifications and Aids to Interpretation (QAI).” Id. at 12. 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-01711-1 Date issued/filed: 2022-09-12 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 08/08/2022) regarding 36 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-01711-UNJ Document 41 Filed 09/12/22 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1711V UNPUBLISHED CHRISTOPHER HUDSON, Chief Special Master Corcoran Petitioner, Filed: August 8, 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. Alison H. Haskins, Maglio Christopher & Toale, PA, Sarasota, FL, for Petitioner. Julia Marter Collison, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On August 17, 2021, Christopher Hudson 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”), a defined Table injury, which also was causally related to the influenza vaccine he received on September 2, 2020. Petition at 1, ¶¶ 1, 11, 19, 23. The case was assigned to the Special Processing Unit of the Office of Special Masters. On July 5, 2022, a ruling on entitlement was issued, finding Petitioner entitled to compensation for his GBS. On August 8, 2022, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $156,805.19, representing compensation in the amounts of $155,000.00 for his actual and projected 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-01711-UNJ Document 41 Filed 09/12/22 Page 2 of 5 pain and suffering3 and $1,805.19 for his past unreimbursable expenses. Proffer at 1-2. 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 $156,805.19, representing compensation in the amounts of $155,000.00 for his actual and projected pain and suffering and $1,805.19 for his actual 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.4 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 Any portion allocated for Petitioner’s future pain and suffering has been reduced to the net present value as required under the Vaccine Act. Proffer at 1; see Section 15(f)(4)(A). 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. 2 Case 1:21-vv-01711-UNJ Document 41 Filed 09/12/22 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS CHRISTOPHER HUDSON, Petitioner, No. 21-1711V (ECF) Chief Special Master Corcoran v. SPU SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On August 17, 2021, Christopher Hudson (“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” or “Act”), alleging that he suffered Guillain-Barré Syndrome (“GBS”) as a result of an influenza (“flu”) vaccine administered to him on September 2, 2020. On July 5, 2022, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that petitioner’s GBS case is appropriate for compensation under the terms of the Act, and the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. I. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $155,000.00 in actual and projected pain and suffering. This amount reflects that the award for projected pain and suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. Case 1:21-vv-01711-UNJ Document 41 Filed 09/12/22 Page 4 of 5 B. Past Unreimbursable Expenses Evidence supplied by petitioner documents petitioner’s expenditure of past unreimbursable expenses as a result of his vaccine injury. Respondent proffers that petitioner should be awarded past unreimbursable expenses in the amount of $1,805.19, as provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(1)(B). Petitioner agrees. II. 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 $156,805.19, representing compensation for pain and suffering ($155,000.00), and past unreimbursable expenses ($1,805.19), in the form of a check payable to petitioner, Christopher Hudson. III. Summary of Recommended Payments Following Judgment Lump sum payable to petitioner, Christopher Hudson: $156,805.19 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 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-01711-UNJ Document 41 Filed 09/12/22 Page 5 of 5 DARRYL R. WISHARD Assistant Director Torts Branch, Civil Division /s/ Julia M. Collison JULIA M. COLLISON Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Ben Franklin Station Washington, DC 20044-0146 Tel: (202) 305-0102 Dated: August 8, 2022 3