VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01947 Package ID: USCOURTS-cofc-1_21-vv-01947 Petitioner: Dean Hutchens Filed: 2021-10-01 Decided: 2023-09-22 Vaccine: influenza Vaccination date: 2019-11-22 Condition: Guillain-Barré Syndrome (GBS) Outcome: compensated Award amount USD: 137500 AI-assisted case summary: Dean Hutchens filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered Guillain-Barré Syndrome (GBS) as a result of an influenza vaccine administered on November 22, 2019. He stated that the vaccine was given in the United States, that his injury had residual effects for more than six months, and that he had not received any prior award or settlement for this injury. The case was assigned to the Special Processing Unit. Respondent filed an amended Rule 4(c) Report conceding that Mr. Hutchens is entitled to compensation. Respondent agreed that the medical records supported a presumption of vaccine causation for GBS, as it is a Table injury with onset between three and forty-two days after a seasonal flu vaccination, and there was no more likely alternative diagnosis or apparent alternative cause. Respondent also confirmed that the case was timely filed, the vaccine was received in the United States, and the severity requirement was met. Based on this concession, a ruling on entitlement was issued finding Mr. Hutchens entitled to compensation. Subsequently, Respondent filed a proffer on award of compensation, recommending an award of $137,500.00 for pain and suffering, which Mr. Hutchens agreed to. The Chief Special Master issued a decision awarding Mr. Hutchens a lump sum payment of $137,500.00. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-01947-0 Date issued/filed: 2023-05-26 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 04/25/2023) regarding 26 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-01947-UNJ Document 28 Filed 05/26/23 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1947V UNPUBLISHED DEAN HUTCHENS, Chief Special Master Corcoran Petitioner, Filed: April 25, 2023 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on Entitlement;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. Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner. Felicia Langel, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On October 1, 2021, Dean Hutchens 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 a Table Injury – Guillain-Barré Syndrome (“GBS”) – as the result of an influenza (“flu”) vaccine administered to him on November 22, 2019. Petition at 1. Petitioner further alleges the vaccine was administered within the United States, that he suffered the residual effects of his injury for more than six months, and that there has been no prior award or settlement of a civil action on his behalf as a result of his injury. See Petition at ¶¶ 15, 51, 55. The case was assigned to the Special Processing Unit of the Office of Special Masters. 1 Because this Ruling 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 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 (2018). Case 1:21-vv-01947-UNJ Document 28 Filed 05/26/23 Page 2 of 2 On April 21, 2023, Respondent filed an Amended Rule 4(c) Report in which he concedes that Petitioner is entitled to compensation in this case. Respondent’s Amended Rule 4(c) Report at 2. Specifically, Respondent indicates that [m]edical personnel at DICP have reviewed the petition and medical records filed in this case. It is respondent’s position that petitioner has satisfied the criteria set forth in the Table and the Qualifications and Aids to Interpretation for GBS, which afford him a presumption of vaccine causation if the onset occurs between three and forty-two days after a seasonal flu vaccination and there is no more likely alternative diagnosis and no apparent alternative cause. Id. at 10 (citing 42 C.F.R. §§ 100.3(a)(XIV)(D), 100.3(c)(15)). Respondent further agrees that [w]ith respect to other statutory and jurisdictional issues, the record shows that this case was timely filed, the vaccine was received in the United States, and petitioner satisfies the severity requirement by suffering the residual effects of his injury for more than six months after vaccine administration. Id. (citing §§ 300aa-11(c)(1)(B)(i)(Ι), -11(c)(1)(D)(i), -16(a)(2)). 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-01947-1 Date issued/filed: 2023-09-22 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 08/17/2023) regarding 34 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-01947-UNJ Document 38 Filed 09/22/23 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1947V DEAN HUTCHENS, Chief Special Master Corcoran Petitioner, Filed: August 17, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner. Felicia Langel, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On October 1, 2021, Dean Hutchens 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 a Table Injury – Guillain-Barré Syndrome (“GBS”) – as the result of an influenza (“flu”) vaccine administered to him on November 22, 2019. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On April 25, 2023, a ruling on entitlement was issued, finding Petitioner entitled to compensation for GBS. On August 16, 2023, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $137,500.00 in pain and suffering. Proffer at 1. In the Proffer, Respondent represented that Petitioner agrees with 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-01947-UNJ Document 38 Filed 09/22/23 Page 2 of 5 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 $137,500.00 (in pain and suffering) 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-01947-UNJ Document 38 Filed 09/22/23 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS DEAN HUTCHENS, Petitioner, v. No. 21-1947V Chief Special Master Corcoran SECRETARY OF HEALTH AND ECF HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On October 1, 2021, Dean Hutchens (“petitioner”) filed a petition for compensation under the National Childhood Vaccine Injury Act. See 42 U.S.C. §§ 300aa-1 to -34, as amended (“Vaccine Act”). Petitioner alleges that he suffered from Guillain-Barré syndrome (“GBS”), as defined in the Vaccine Injury Table (“Table”), following the administration of the influenza (“flu”) vaccine on November 22, 2019. 42 C.F.R. § 100.3(a)(XIV)(D); Petition at 1. On April 21, 2023, the Secretary of Health and Human Services (“respondent”) filed an amended Rule 4(c) report indicating that this case is appropriate for compensation under the terms of the Vaccine Act for a GBS Table injury. ECF No. 25. On April 25, 2023, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 26. I. Items of Compensation Respondent proffers that petitioner should be awarded $137,500.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. This amount represents all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. Case 1:21-vv-01947-UNJ Document 38 Filed 09/22/23 Page 4 of 5 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 $137,500.00, in the form of a check payable to petitioner. III. Summary of Recommended Payment Following Judgment Lump sum payable to petitioner, Dean Hutchens: $137,500.00 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 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-01947-UNJ Document 38 Filed 09/22/23 Page 5 of 5 /s/ Felicia D. Langel FELICIA D. LANGEL 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) 305-3148 felicia.d.langel@usdoj.gov DATED: August 16, 2023 3 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_21-vv-01947-cl-extra-10736578 Date issued/filed: 2024-01-03 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10269988 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1947V DEAN HUTCHENS, Chief Special Master Corcoran Petitioner, v. Filed: November 28, 2023 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner. Felicia Langel, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On October 1, 2021, Dean Hutchens 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 alleged that he suffered a Table Injury – Guillain-Barré Syndrome as the result of an influenza vaccine administered to him on November 22, 2019. Petition, ECF No. 1. On August 17, 2023, I issued a decision awarding compensation to Petitioner based on the Respondent’s proffer. ECF No. 34. 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 $37,591.27 (representing $36,699.50 in fees plus $891.77 in costs). Petitioner’s Application for Fees and Costs (“Motion”) filed Sept. 27, 2023, ECF No. 39. In accordance with General Order No. 9, Petitioner filed a signed statement representing that Petitioner incurred no out-of-pocket expenses. ECF No. 39-4. Respondent reacted to the motion on Sept. 28, 2023, reporting 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. 40. 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. 39-3. 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 $37,591.27 (representing $36,699.50 in fees plus $891.77 in costs) as a lump sum in the form of a check jointly payable to Petitioner and Petitioner’s counsel, Jeffrey S. Pop. 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