VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-02014 Package ID: USCOURTS-cofc-1_21-vv-02014 Petitioner: Teresa Knowles Filed: 2021-10-13 Decided: 2024-04-23 Vaccine: influenza Vaccination date: 2018-10-04 Condition: Guillain-Barre Syndrome (GBS) Outcome: compensated Award amount USD: 217326 AI-assisted case summary: Teresa Knowles filed a petition for compensation under the National Vaccine Injury Compensation Program on October 13, 2021, alleging she suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccination received on October 4, 2018. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on May 18, 2023, conceding that Ms. Knowles's claim met the criteria for a Table injury, specifically GBS, and that she was entitled to compensation. The ruling on entitlement was issued by Chief Special Master Brian H. Corcoran on May 31, 2023. Subsequently, on March 21, 2024, the respondent filed a proffer on award of compensation, agreeing to a total award of $217,326.00. This amount was comprised of $180,000.00 for pain and suffering and $37,326.00 for past out-of-pocket medical expenses. Ms. Knowles, being a competent adult, agreed with the proffered award. Chief Special Master Brian H. Corcoran issued a decision awarding the stipulated amount on April 23, 2024, concluding the case. The public decision does not describe the onset of symptoms, specific clinical details of the GBS, diagnostic tests performed, or treatments received. Petitioner counsel was Todd Rayan of Althauser Rayan Abbarno, LLP, and respondent counsel was Debra A. Filteau Begley of the U.S. Department of Justice. Theory of causation field: Petitioner Teresa Knowles alleged Guillain-Barre Syndrome (GBS) following an influenza vaccination on October 4, 2018. The respondent conceded that the claim met the criteria for a Table injury, specifically GBS, satisfying the presumption of causation if diagnostic criteria for GBS were met, onset occurred between three and forty-two days after the vaccination, and no apparent alternative cause existed, as per 42 C.F.R. §§ 100.3(a)(XIV)(D) and 100.3(c)(15). The public text does not name specific medical experts or detail the mechanism of injury beyond the Table criteria. Petitioner was awarded $217,326.00, consisting of $180,000.00 for pain and suffering and $37,326.00 for past out-of-pocket medical expenses. The ruling on entitlement was issued by Chief Special Master Brian H. Corcoran on May 31, 2023, and the final decision awarding damages was issued by Chief Special Master Brian H. Corcoran on April 23, 2024. Petitioner's counsel was Todd Rayan, and respondent's counsel was Debra A. Filteau Begley. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-02014-0 Date issued/filed: 2023-07-03 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 05/31/2023) regarding 27 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-02014-UNJ Document 29 Filed 07/03/23 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-2014V UNPUBLISHED TERESA KNOWLES, Chief Special Master Corcoran Petitioner, Filed: May 31, 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. Todd Rayan, Althauser Rayan Abbarno, LLP, Centralia, WA, for Petitioner. Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On October 13, 2021, Teresa Knowles 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 Guillain-Barre Syndrome (GBS), resulting from an influenza vaccination she received on October 4, 2018. Petition at 1. Petitioner further alleges that the vaccination was administered within the United States, her symptoms persisted for more than six months, and neither Petitioner, nor any other party, has ever filed any action or received compensation in the form of an award or settlement for Petitioner’s vaccine-related injury. Petition at 1, 3. 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 (2012). Case 1:21-vv-02014-UNJ Document 29 Filed 07/03/23 Page 2 of 2 On May 18, 2023, 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 “[P]etitioner has satisfied the criteria set forth in the Vaccine Injury Table (‘Table’) and the Qualifications and Aids to Interpretation (‘QAI’), which affords [P]etitioner a presumption of causation if the diagnostic criteria for GBS are met, the onset of GBS occurs between three and forth-two days after a seasonal flu vaccination, and there is no apparent alternative cause.” Id. at 7 citing 42 C.F.R. §§ 100.3(a)(XIV)(D), 100.3(c)(15). Respondent further agrees that the scope of damages to be awarded is limited to Petitioner’s GBS and its related sequelae only. 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-02014-1 Date issued/filed: 2024-04-23 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 03/22/2024) regarding 36 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-02014-UNJ Document 37 Filed 04/23/24 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-2014V TERESA KNOWLES, Chief Special Master Corcoran Petitioner, Filed: March 22, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Todd Rayan, Althauser Rayan Abbarno, LLP, Centralia, WA, for Petitioner. Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On October 13, 2021, Teresa Knowles 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 after receiving an influenza vaccination on October 4, 2018. Petition at ¶¶ 2-5. The case was assigned to the Special Processing Unit of the Office of Special Masters. On May 31, 2023, a ruling on entitlement was issued, finding Petitioner entitled to compensation for her Guillain-Barré syndrome. On March 21, 2024, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $217,326.00. Proffer at 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-02014-UNJ Document 37 Filed 04/23/24 Page 2 of 5 Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $217,326.00 (comprised of $180,000.00 in compensation for pain and suffering and $37,326.00 in compensation for past out-of-pocket medical 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.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-02014-UNJ Document 37 Filed 04/23/24 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ************************************* TERESA KNOWLES, * * * Petitioners, * No. 21-2014V * Chief Special Master Corcoran v. * * SECRETARY OF HEALTH AND * HUMAN SERVICES, * * Respondent. * ************************************* RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On October 12, 2021, Teresa Knowles (“petitioner”) filed a petition for compensation 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 4, 2018, she suffered from Guillain-Barre Syndrome (GBS). See ECF No. 1 (Petition).1 On May 18, 2023, respondent filed a Rule 4(c) Report, conceding that petitioner’s claim meets the Table criteria for Guillain-Barré Syndrome (“GBS”) injury. (ECF No. 26). On May 18, 2023, the Court issued a Ruling on Entitlement finding petitioner entitled to compensation under the Vaccine Act for a GBS Table injury. (ECF No. 27). I. Items of Compensation Based upon the evidence of record, respondent proffers that petitioner should be awarded the following, and requests that the Chief Special Master’s decision and the Court’s judgment award: 1 Petitioner filed an Amended Petition on June 23, 2022, and while that pleading contains additional details about petitioner’s condition, the alleged injury remained based on a claim of GBS that developed following an influenza vaccine administered on October 4, 2018. See ECF No. 16 (Amended Petition for Vaccine Compensation). Case 1:21-vv-02014-UNJ Document 37 Filed 04/23/24 Page 4 of 5 1. A lump sum payment of $180,000.00, which represents compensation for pain and suffering, see 42 U.S.C. § 300aa-15(a)(4); and 2. A payment of $37,326.00, which represents compensation for past out-of-pocket medical expenses, see 42 U.S.C. § 300aa-15(a)(1). These amounts represent all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a).2 Petitioner agrees. II. Form of the Award Petitioner is a competent adult. Evidence of guardianship is not required in this case. Respondent recommends that petitioner be awarded a lump sum payment of $217,326.00, in the form of a check payable to petitioner. Petitioner agrees. Respectfully submitted, BRIAN B. 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 2 Should petitioner die prior to the entry of judgment, the parties reserve the right to move the Court for appropriate relief. In particular, respondent would oppose any award for future pain and suffering. 2 Case 1:21-vv-02014-UNJ Document 37 Filed 04/23/24 Page 5 of 5 S/ DEBRA A. FILTEAU BEGLEY Debra A. Filteau Begley Senior 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) 616-4181 Dated: March 21, 2024 Debra.Begley@usdoj.gov 3 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_21-vv-02014-cl-extra-10735544 Date issued/filed: 2024-04-23 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10268954 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-2014V TERESA KNOWLES, Chief Special Master Corcoran Petitioner, Filed: March 22, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Todd Rayan, Althauser Rayan Abbarno, LLP, Centralia, WA, for Petitioner. Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On October 13, 2021, Teresa Knowles 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 after receiving an influenza vaccination on October 4, 2018. Petition at ¶¶ 2-5. The case was assigned to the Special Processing Unit of the Office of Special Masters. On May 31, 2023, a ruling on entitlement was issued, finding Petitioner entitled to compensation for her Guillain-Barré syndrome. On March 21, 2024, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $217,326.00. Proffer at 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). Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $217,326.00 (comprised of $180,000.00 in compensation for pain and suffering and $37,326.00 in compensation for past out-of-pocket medical 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.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 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ************************************* TERESA KNOWLES, * * * Petitioners, * No. 21-2014V * Chief Special Master Corcoran v. * * SECRETARY OF HEALTH AND * HUMAN SERVICES, * * Respondent. * ************************************* RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On October 12, 2021, Teresa Knowles (“petitioner”) filed a petition for compensation 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 4, 2018, she suffered from Guillain-Barre Syndrome (GBS). See ECF No. 1 (Petition).1 On May 18, 2023, respondent filed a Rule 4(c) Report, conceding that petitioner’s claim meets the Table criteria for Guillain-Barré Syndrome (“GBS”) injury. (ECF No. 26). On May 18, 2023, the Court issued a Ruling on Entitlement finding petitioner entitled to compensation under the Vaccine Act for a GBS Table injury. (ECF No. 27). I. Items of Compensation Based upon the evidence of record, respondent proffers that petitioner should be awarded the following, and requests that the Chief Special Master’s decision and the Court’s judgment award: 1 Petitioner filed an Amended Petition on June 23, 2022, and while that pleading contains additional details about petitioner’s condition, the alleged injury remained based on a claim of GBS that developed following an influenza vaccine administered on October 4, 2018. See ECF No. 16 (Amended Petition for Vaccine Compensation). 1. A lump sum payment of $180,000.00, which represents compensation for pain and suffering, see 42 U.S.C. § 300aa-15(a)(4); and 2. A payment of $37,326.00, which represents compensation for past out-of-pocket medical expenses, see 42 U.S.C. § 300aa-15(a)(1). These amounts represent all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a).2 Petitioner agrees. II. Form of the Award Petitioner is a competent adult. Evidence of guardianship is not required in this case. Respondent recommends that petitioner be awarded a lump sum payment of $217,326.00, in the form of a check payable to petitioner. Petitioner agrees. Respectfully submitted, BRIAN B. 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 2 Should petitioner die prior to the entry of judgment, the parties reserve the right to move the Court for appropriate relief. In particular, respondent would oppose any award for future pain and suffering. 2 S/ DEBRA A. FILTEAU BEGLEY Debra A. Filteau Begley Senior 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) 616-4181 Dated: March 21, 2024 Debra.Begley@usdoj.gov 3