VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01753 Package ID: USCOURTS-cofc-1_21-vv-01753 Petitioner: Dr. Michelle Perez Filed: 2021-08-25 Decided: 2023-09-05 Vaccine: influenza Vaccination date: 2019-12-19 Condition: Guillain-Barre Syndrome (GBS) Outcome: compensated Award amount USD: 210461 AI-assisted case summary: Dr. Michelle Perez, an adult, filed a petition for compensation under the National Vaccine Injury Compensation Program alleging she developed Guillain-Barre Syndrome (GBS) after receiving an influenza vaccine on December 19, 2019. The respondent conceded that Dr. Perez is entitled to compensation, finding that her symptoms began within the Table timeframe and that she met the criteria for a GBS Table injury. The respondent also confirmed that the vaccination occurred in the United States, her symptoms persisted for more than six months, and she had not received prior compensation for this injury. A Ruling on Entitlement was issued on January 24, 2023, finding her entitled to compensation. Subsequently, on August 1, 2023, the parties filed a Proffer on award of compensation. Chief Special Master Corcoran issued a Decision Awarding Damages on September 5, 2023, awarding Dr. Perez a total of $210,461.25. This award included $145,000.00 for pain and suffering, $10,017.99 for past unreimbursable expenses, and $55,443.26 for past lost wages. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-01753-0 Date issued/filed: 2023-02-24 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 01/24/2023) regarding 40 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-01753-UNJ Document 43 Filed 02/24/23 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1753V UNPUBLISHED DR. MICHELLE PEREZ, Chief Special Master Corcoran Petitioner, Filed: January 24, 2023 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. Matthew F. Belanger, Faraci Lange LLP, Rochester, NY, for Petitioner. Catherine Elizabeth Stolar, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On August 25, 2021, Dr. Michelle Perez 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 developed Guillain-Barré Syndrome (GBS) after receiving an influenza (flu) vaccination on December 19, 2019. Petition at 1. Petitioner further alleges that the vaccination was administered within the United States, her symptoms have persisted beyond six months, and that she has never received compensation in the form of an award or settlement, nor has she filed a civil action for her vaccine-related injuries. Petition at 1, 6. 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-01753-UNJ Document 43 Filed 02/24/23 Page 2 of 2 On December 23, 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 determined that “[P]etitioner experienced the onset of her symptoms three to forty-two days following vaccination, and she had bilateral flaccid limb weakness and decreased or absent deep tendon reflexes, a monophasic illness pattern, an interval between onset and nadir of weakness between twelve hours and twenty-eight days, a subsequent clinical plateau without significant relapse, and no more likely alternative diagnosis . . . . Therefore, petitioner is entitled to a presumption of vaccine causation.” Id. at 6 (footnote and citation omitted). Respondent further agrees that this case was timely filed, she received her vaccination within the United States, and that she satisfied the statutory severity requirement insofar as she suffered 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-01753-1 Date issued/filed: 2023-09-05 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 08/02/2023) regarding 52 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-01753-UNJ Document 58 Filed 09/05/23 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1753V DR. MICHELLE PEREZ, Chief Special Master Corcoran Petitioner, Filed: August 2, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Matthew F. Belanger, Faraci Lange, LLP, Rochester, NY, for Petitioner. Catherine Elizabeth Stolar, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On August 25, 2021, Dr. Michelle Perez (“Petitioner”) 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- Barré syndrome (“GBS”) resulting from an influenza (“flu”) vaccine she received on December 19, 2019. Pet. at 1, ECF No. 1. Petitioner further alleges that the vaccine was received in the United States, she suffered sequela of her injury for more than six months, and neither Petitioner nor any other party has ever received compensation in the form of an award or settlement for her vaccine-related injury. Id. at 1, 6. The case was assigned to the Special Processing Unit of the Office of Special Masters. On January 24, 2023, a Ruling on Entitlement was issued, finding Petitioner entitled to compensation for her GBS. ECF No. 40. On August 1, 2023, Respondent filed 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-01753-UNJ Document 58 Filed 09/05/23 Page 2 of 5 a Proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $210,461.25. Proffer at 2, ECF No. 51. 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 $210,461.25, representing $145,000.00 in pain and suffering, $10,017.99 in past unreimbursable expenses, and $55,443.26 in 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-01753-UNJ Document 58 Filed 09/05/23 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) DR. MICHELLE PEREZ, ) ) Petitioner, ) ) No. 21-1753V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND ) HUMAN SERVICES, ) ) Respondent. ) ) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On August 25, 2021, Dr. Michelle Perez (“petitioner”), filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“the Vaccine Act” or “the Act”), as amended. Petitioner alleged that she suffered Guillain-Barre Syndrome (“GBS”), as defined in the Vaccine Injury Table, following administration of an influenza (“flu”) vaccine that she received on December 19, 2019. ECF No. 1 at 1. On December 23, 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 for a GBS Table injury. ECF No. 39. On January 24, 2023, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 40. I. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $145,000.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. Case 1:21-vv-01753-UNJ Document 58 Filed 09/05/23 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 $10,017.99. 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 $55,443.26. See 42 U.S.C. § 300aa-15(a)(3)(A). Petitioner agrees. The above 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 the Chief Special Master’s decision and the Court’s judgment award the following:1 a lump sum payment of $210,461.25, in the form of a check payable to petitioner. III. Summary of Recommended Payments Following Judgment Lump sum payable to petitioner, Dr. Michelle Perez: $210,461.25 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 lost earnings and future pain and suffering. 2 Case 1:21-vv-01753-UNJ Document 58 Filed 09/05/23 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/ Catherine E. Stolar CATHERINE E. STOLAR 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) 353-3299 Fax: (202) 616-4310 Email: catherine.stolar@usdoj.gov DATED: August 1, 2023 3 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_21-vv-01753-cl-extra-10736974 Date issued/filed: 2023-11-20 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10270384 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1753V DR. MICHELLE PEREZ, Chief Special Master Corcoran Petitioner, v. Filed: October 20, 2023 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Matthew F. Belanger, Faraci Lange LLP, Rochester, NY, for Petitioner. Catherine Elizabeth Stolar, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On August 25, 2021, Dr. Michelle Perez 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-Barré syndrome resulting from an influenza vaccine she received on December 19, 2019. Petition, ECF No. 1. On August 2, 2023, I issued a decision awarding compensation to Petitioner based on the Respondent’s proffer. ECF No. 52. 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 inf ormation, 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 f rom 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 ref erences to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2018). Petitioner has now filed a motion for attorney’s fees and costs, requesting an award of $28,156.15 (representing $26,206.00 in fees and $1,950.15 in costs). Petitioner’s Application for Attorney’s Fees and Costs (“Motion”) filed Aug. 18, 2023, ECF No. 56. In accordance with General Order No. 9, Petitioner represents that Petitioner incurred no out-of-pocket expenses. ECF No. 56-3. Respondent reacted to the motion on Aug. 29, 2023, indicating that he is satisfied that the statutory requirements for an award of attorney’s fees and costs are met in this case, but deferring resolution of the amount to be awarded to my discretion. Respondent’s Response to Motion at 2-3, ECF No. 57. Petitioner did not file a reply thereafter. I have reviewed the billing records submitted with Petitioner’s request. In my experience, the request appears reasonable, and I find no cause to reduce the requested hours or rates. Furthermore, Petitioner has provided supporting documentation for all claimed costs. ECF No. 56-4. Respondent offered no specific objection to the rates or amounts sought. The Vaccine Act permits an award of reasonable attorney’s fees and costs for successful claimants. Section 15(e). Accordingly, I hereby GRANT Petitioner’s Motion for attorney’s fees and costs. I award a total of $28,156.15 (representing $26,206.00 in fees and $1,950.15 in costs) as a lump sum in the form of a check jointly payable to Petitioner and Petitioner’s counsel, Matthew F. Belanger. In the absence of a timely- filed motion for review (see Appendix B to the Rules of the Court), the Clerk of Court shall 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), the parties may expedite entry of judgment by f iling a joint notice renouncing their right to seek review. 2