VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01731 Package ID: USCOURTS-cofc-1_21-vv-01731 Petitioner: Rebekah Schaffer Filed: 2021-08-19 Decided: 2024-02-20 Vaccine: influenza Vaccination date: 2018-10-08 Condition: Guillain-Barre syndrome (GBS) Outcome: compensated Award amount USD: 144950 AI-assisted case summary: Rebekah Schaffer filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered Guillain-Barre Syndrome (GBS) as a result of receiving an influenza vaccination on October 8, 2018. The petition was filed on August 19, 2021. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Schaffer is entitled to compensation. The respondent agreed that her condition met the criteria set forth in the Vaccine Injury Table for a flu/GBS injury, that her condition persisted for at least six months, and that there was no alternative cause for her condition. Based on this concession and the evidence, a ruling on entitlement was issued on June 27, 2022, finding Ms. Schaffer entitled to compensation. Subsequently, on January 11, 2024, the respondent filed a proffer on award of compensation, agreeing to an award of $144,950.96. This amount included $132,500.00 for pain and suffering, $3,509.47 for past unreimbursable expenses, and $8,941.49 for past lost wages. Ms. Schaffer agreed with this proffered award. A decision awarding damages was issued on February 20, 2024, granting the lump sum payment of $144,950.96 to Rebekah Schaffer. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-01731-0 Date issued/filed: 2022-07-28 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 06/27/2022) regarding 25 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (ke) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-01731-UNJ Document 28 Filed 07/28/22 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1731V UNPUBLISHED REBEKAH SCHAFFER, Chief Special Master Corcoran Petitioner, Filed: June 27, 2022 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on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. Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner. Meghan Murphy, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On August 19, 2021, Rebekah Schaffer 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 flu vaccination on October 8, 2018, [Petitioner] suffered Guillain-Barre syndrome (“GBS”).” Petition at ¶1. Petitioner further alleges she “suffered the residual effects of her injury for more than six months after the administration of the flu vaccine.” Petition at ¶49. The case was assigned to the Special Processing Unit of the Office of Special Masters. On June 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 states that “Petitioner has satisfied the criteria set forth in the 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-01731-UNJ Document 28 Filed 07/28/22 Page 2 of 2 Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation (“QAI”) for a flu/GBS Table injury.” Id. at 12. Respondent further agrees that “her condition has persisted for at least six months, and there is no alternative cause that explains her condition.” 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-01731-1 Date issued/filed: 2024-02-20 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 01/12/2024) regarding 47 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-01731-UNJ Document 51 Filed 02/20/24 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1731V REBEKAH SCHAFFER, Chief Special Master Corcoran Petitioner, Filed: January 12, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner. Meghan Murphy, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On August 19, 2021, Rebekah Schaffer 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 from Guillain-Barre Syndrome (“GBS”) following an influenza vaccination she received on October 8, 2018. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On June 22, 2022, a ruling on entitlement was issued, finding Petitioner entitled to compensation for her GBS. On January 11, 2024, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $144,950.96, representing $132,500.00 for pain and suffering, $3,509.47 for past unreimbursable expenses, and $8,941.49 for past lost wages. 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. 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-01731-UNJ Document 51 Filed 02/20/24 Page 2 of 5 Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $144,950.96, representing $132,500.00 for pain and suffering, $3,509.47 for past unreimbursable expenses, and $8,941.49 for past 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). 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-01731-UNJ Document 51 Filed 02/20/24 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) REBEKAH SCHAFFER, ) ) Petitioner, ) ) No. 21-1731V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH ) AND HUMAN SERVICES, ) ) Respondent. ) ) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On August 19, 2021, Rebekah Schaffer (“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. Petitioner alleges that she suffered Guillain-Barré Syndrome (“GBS”) following the receipt of an influenza (“flu”) vaccine administered on October 8, 2018. See Petition at 1. On June 24, 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. ECF No. 24. On June 27, 2022, Chief Special Master Corcoran issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 25. I. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $132,500.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. Case 1:21-vv-01731-UNJ Document 51 Filed 02/20/24 Page 4 of 5 B. Past Unreimbursable Expenses Evidence supplied by petitioner documents that she incurred past unreimbursable expenses related to her vaccine-related injury. Respondent proffers that petitioner should be awarded past unreimbursable expenses in the amount of $3,509.47. See 42 U.S.C. § 300aa- 15(a)(1)(B). Petitioner agrees. C. Lost Wages Evidence supplied by petitioner documents that she incurred past lost wages related to her vaccine-related injury. Respondent proffers that petitioner should be awarded past lost wages in the amount of $8,941.49. See 42 U.S.C. § 300aa-15(a)(3)(A). Petitioner agrees. These amounts represent all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). 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 Chief Special Master Corcoran’s decision and the Court’s judgment award the following1: a lump sum payment of $144,950.96, in the form of a check payable to petitioner. III. Summary of Recommended Payments Following Judgment Lump sum payable to petitioner, Rebekah Schaffer: $144,950.96 Respectfully submitted, BRIAN M. BOYNTON Principal Deputy Assistant Attorney General 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, unreimbursed expenses, future lost earnings and future pain and suffering. 2 Case 1:21-vv-01731-UNJ Document 51 Filed 02/20/24 Page 5 of 5 C. SALVATORE D’ALESSIO Director Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division DARRYL R. WISHARD Assistant Director Torts Branch, Civil Division /s/ Meghan R. Murphy MEGHAN R. MURPHY 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) 616-4264 meghan.r.murphy@usdoj.gov DATED: January 11, 2024 3