VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01924
Package ID: USCOURTS-cofc-1_21-vv-01924
Petitioner: Mary Richardson
Filed: 2021-09-29
Decided: 2023-04-03
Vaccine: influenza
Vaccination date: 2018-10-02
Condition: Guillain-Barré syndrome (GBS)
Outcome: compensated
Award amount USD: 205326

AI-assisted case summary:
Mary Richardson filed a petition on September 29, 2021, alleging that she developed Guillain-Barré syndrome (GBS) as a result of an influenza vaccination received on October 2, 2018. The case was assigned to the Special Processing Unit. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on August 10, 2022, conceding that the petitioner was entitled to compensation. The respondent concluded that the petitioner met the criteria for a Table injury, specifically GBS, with an onset between three and forty-two days after vaccination and no apparent alternative cause, and that she experienced more than six months of residual effects. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on August 11, 2022, finding the petitioner entitled to compensation. Subsequently, on February 27, 2023, the respondent filed a proffer on the award of compensation. The parties agreed to a total award of $205,326.87. This amount included $176,500.00 for pain and suffering, to be paid as a lump sum check to the petitioner, and $28,826.87 to satisfy a State of Ohio Medicaid lien, to be paid as a lump sum check jointly to the petitioner and the Treasurer, State of Ohio, Ohio Tort Recovery Unit. The Chief Special Master issued a decision awarding these damages on April 3, 2023. Petitioner counsel was Laura Levenberg of Muller Brazil, LLP, and respondent counsel was Nina Ren of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.

Theory of causation field:
Petitioner Mary Richardson received an influenza vaccination on October 2, 2018, and subsequently developed Guillain-Barré syndrome (GBS). The respondent conceded that Petitioner met the criteria for a Table injury, specifically GBS, with onset between three and forty-two days after vaccination and no apparent alternative cause, satisfying the presumption of causation under 42 C.F.R. § 100.3(a)(XIV)(D), (c)(15). The respondent also agreed that Petitioner experienced more than six months of residual effects. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on August 11, 2022, finding Petitioner entitled to compensation. A subsequent Proffer on Award of Compensation, filed February 27, 2023, led to a Damages Decision on April 3, 2023, awarding Petitioner $176,500.00 for pain and suffering and $28,826.87 to satisfy a State of Ohio Medicaid lien, for a total award of $205,326.87. Petitioner counsel was Laura Levenberg, and respondent counsel was Nina Ren. The specific mechanism of causation and expert testimony are not detailed in the provided public text.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-01924-0
Date issued/filed: 2022-09-12
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/11/2022) regarding 22 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (ke) Service on parties made.
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Case 1:21-vv-01924-UNJ Document 24 Filed 09/12/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-1924V
UNPUBLISHED
MARY RICHARDSON, Chief Special Master Corcoran
Petitioner,
v. Filed: August 11, 2022
SECRETARY OF HEALTH AND Special Processing Unit (SPU);
HUMAN SERVICES, Ruling on Entitlement; Concession;
Table Injury; Influenza (Flu); Guillain-
Respondent. Barré syndrome (GBS).
Laura Levenberg, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Nina Ren, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On September 29, 2021, Mary Richardson 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”) as
a result of the influenza (“flu”) vaccination she received on October 2, 2018, Petition at
Preamble. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On August 10, 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
(“QAI”), which afford Petitioner a presumption of causation if the onset of GBS occurs
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-01924-UNJ Document 24 Filed 09/12/22 Page 2 of 2
between three and forty-two days after a seasonal flu vaccination and there is no apparent
alternative cause. Id. at 3 (citing 42 C.F.R. § 100.3(a)(XIV)(D), (c)(15)). Respondent
further agrees that Petitioner experienced more than six months of residual effects. 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

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DOCUMENT 2: USCOURTS-cofc-1_21-vv-01924-1
Date issued/filed: 2023-04-03
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 03/01/2023) regarding 33 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:21-vv-01924-UNJ Document 37 Filed 04/03/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-1924V
UNPUBLISHED
MARY RICHARDSON, Chief Special Master Corcoran
Petitioner, Filed: March 1, 2023
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Influenza (Flu) Vaccine; Guillain-
Barre Syndrome (GBS)
Respondent.
Laura Levenberg, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Nina Ren, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On September 29, 2021, Mary Richardson 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 developed Guillain-Barré syndrome
(“GBS”) as a result of the influenza (“flu”) vaccination she received on October 2, 2018.
Petition at Preamble. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On August 11, 2022, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for GBS. On February 27, 2023, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $176,500.00
representing compensation for pain and suffering, and $28,826.87 to satisfy a State of
Ohio Medicaid lien. Proffer at 2. In the Proffer, Respondent represented that Petitioner
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-01924-UNJ Document 37 Filed 04/03/23 Page 2 of 5
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:
A. Petitioner a lump sum payment of $176,500.00, representing compensation
for pain and suffering, in the form of a check payable to Petitioner;
B. A lump sum payment of $28,826.87, representing compensation for
satisfaction of the State of Ohio Medicaid lien, in the form of a check payable
jointly to Petitioner and:
Treasurer, State of Ohio
Ohio Tort Recovery Unit
5475 Rings Road Suite 200
Dublin, OH 43017
Petitioner agrees to endorse the check to the Treasurer, State of Ohio, for
satisfaction of the Medicaid lien.
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-01924-UNJ Document 37 Filed 04/03/23 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
MARY RICHARDSON, )
) No. 21-1924V ECF
Petitioner, )
)
v. ) Chief Special Master Corcoran
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On September 29, 2021, Mary Richardson (“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 2,
2018, she suffered from Guillain-Barré Syndrome (“GBS”). See Petition. On August 10, 2022,
respondent filed a Vaccine Rule 4(c) report concluding that petitioner suffered GBS as defined
by the Vaccine Injury Table, within the Table timeframe. See ECF No. 21. On August 11, 2022,
the Chief Special Master issued a Ruling on Entitlement, finding that petitioner was entitled to
compensation for a GBS Table injury. See ECF No. 22.
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-01924-UNJ Document 37 Filed 04/03/23 Page 4 of 5
II. Items of Compensation
A. Pain and Suffering
Based upon the evidence of record, respondent proffers that petitioner should be awarded
a lump sum of $176,500.00 for pain and suffering, in the form of a check payable to petitioner.
Petitioner agrees.
B. Medicaid Lien
Respondent proffers that petitioner should be awarded funds to satisfy the State of Ohio
Medicaid lien in the amount of $28,826.87, which represents full satisfaction of any right of
subrogation, assignment, claim, lien, or cause of action the State of Ohio may have against any
individual as a result of any Medicaid payments the State of Ohio has made to or on behalf of
petitioner from the date of her eligibility for benefits through the date of judgment in this case as
a result of her alleged vaccine-related injury suffered on or about October 2, 2018, under Title
XIX of the Social Security Act.
The above amounts represent all elements of compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
III. Form of the Award
The parties recommend that compensation provided to petitioner should be made through
two lump sum payments described below, and request that the Chief Special Master’s decision
and the Court’s judgment award the following: 2
A. A lump sum payment of $176,500.00 in the form of a check payable to petitioner;
and
2 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 medical
expenses, future pain and suffering, and future lost wages.
2

Case 1:21-vv-01924-UNJ Document 37 Filed 04/03/23 Page 5 of 5
B. A lump sum payment of $28,826.87, representing compensation for satisfaction of
the State of Ohio Medicaid lien, in the form of a check payable jointly to petitioner
and:
Treasurer, State of Ohio
Ohio Tort Recovery Unit
5475 Rings Road Suite 200
Dublin, OH 43017
Petitioner agrees to endorse the check to the Treasurer, State of Ohio, for satisfaction of
the Medicaid lien.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
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
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
/s/ NINA Y. REN
NINA Y. REN
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Benjamin Franklin Station
Washington D.C. 20044-0146
(202) 305-3781
Nina.Ren@usdoj.gov
DATED: February 27, 2023
3