VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-02118 Package ID: USCOURTS-cofc-1_21-vv-02118 Petitioner: Josephine Lebar Filed: 2021-11-01 Decided: 2024-01-29 Vaccine: influenza Vaccination date: 2020-11-29 Condition: Guillain-Barre Syndrome (GBS) Outcome: compensated Award amount USD: 163519 AI-assisted case summary: Josephine Lebar filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered from Guillain-Barre Syndrome (GBS) as a result of an influenza vaccination she received on November 29, 2020. She further alleged that her vaccine-related injuries lasted more than six months. The respondent conceded that Ms. Lebar suffered from GBS, that it met the criteria for a Table injury, and that the onset occurred within the Table timeframe. The respondent also agreed that her GBS symptoms persisted for more than six months. Based on the respondent's concession and the evidence, the court issued a ruling on entitlement, finding Ms. Lebar entitled to compensation. Subsequently, the parties reached a stipulation for damages. The court awarded Ms. Lebar a total of $163,519.91, consisting of $150,000.00 for pain and suffering and $13,519.91 for out-of-pocket medical and related expenses. This award represents compensation for all damages available under the program. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-02118-0 Date issued/filed: 2023-04-10 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 03/08/2023) regarding 29 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-02118-UNJ Document 31 Filed 04/10/23 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-2118V UNPUBLISHED JOSEPHINE LEBAR, Chief Special Master Corcoran Petitioner, Filed: March 8, 2023 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on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. Diana Lynn Stadelnikas, Maglio Christopher & Toale, PA, Sarasota, FL, for Petitioner. Matthew Murphy, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On November 1, 2021, Josephine Lebar 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 as a result of an influenza vaccination she received on November 29, 2020. Petition at ¶¶ 1, 13. Petitioner further alleges that her “vaccine-related injuries have lasted more than six months.” Petition at ¶15. The case was assigned to the Special Processing Unit of the Office of Special Masters. On March 7, 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 that “it is Respondent’s position that Petitioner suffered from 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-02118-UNJ Document 31 Filed 04/10/23 Page 2 of 2 GBS, and that she has satisfied the criteria set forth in the Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation (“QAI”), which afford her a presumption of vaccine causation if the onset of GBS occurs between three and forty-two day after a seasonal flu vaccination and there is no more likely alternative diagnosis and no apparent alternative cause.” Id. at 7. Respondent further agrees that “the medical records demonstrate that Petitioner has experienced the residual effects of her GBS for more than six months.” 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-02118-1 Date issued/filed: 2024-01-29 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 12/28/2023) regarding 43 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-02118-UNJ Document 47 Filed 01/29/24 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-2118V JOSEPHINE LEBAR, Chief Special Master Corcoran Petitioner, v. Filed: December 28, 2023 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Diana Lynn Stadelnikas, Maglio Christopher & Toale, PA, Sarasota, FL, for Petitioner. Emilie Williams, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On November 1, 2021, Josephine Lebar 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 as a result of an influenza vaccination she received on November 29, 2020. Petition at ¶¶ 1, 13. The case was assigned to the Special Processing Unit of the Office of Special Masters. On March 8, 2023, a ruling on entitlement was issued, finding Petitioner entitled to compensation. On December 28, 2023, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded a total of $163,519.91, consisting of $150,000.00 in pain and suffering, and $13,519.91 for out-of-pocket medical and related expenses. 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-02118-UNJ Document 47 Filed 01/29/24 Page 2 of 5 Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $163,519.91, consisting of $150,000.00 in pain and suffering, and $13,519.91 for out-of-pocket medical and related 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-02118-UNJ Document 47 Filed 01/29/24 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ___________________________________ ) JOSEPHINE LEBAR, ) ) Petitioner, ) No. 21-2118V ECF ) v. ) Chief Special Master Corcoran ) SECRETARY OF HEALTH ) AND HUMAN SERVICES, ) ) Respondent. ) ___________________________________ ) PROFFER ON AWARD OF COMPENSATION1 I. Procedural History On November 1, 2021, Josephine Lebar (“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 November 29, 2020, she suffered from Guillain-Barre Syndrome (GBS). See Petition. On March 7, 2023, respondent filed his Vaccine Rule 4(c) report, concluding that petitioner suffered GBS as defined by the Vaccine Injury Table, within the Table timeframe. On March 8, 2023, the Court issued a ruling on entitlement, finding that petitioner was entitled to compensation for a GBS Table injury. II. Items of Compensation Based upon the evidence of record, respondent proffers that petitioner should be awarded a lump sum of $163,519.91 for all damages, including $150,000.00 representative of pain and 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-02118-UNJ Document 47 Filed 01/29/24 Page 4 of 5 suffering, and $13,519.91 representative of out-of-pocket medical and related expenses. This amount represents all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. III. Form of the Award 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: A lump sum payment of $163,519.91 in the form of a check payable to petitioner.2 Petitioner agrees. 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 LARA A. ENGLUND Assistant Director Torts Branch, Civil Division 2 Should petitioner die prior to entry of judgment, respondent would oppose any award for future medical expenses, future lost earnings, and future pain and suffering, and the parties reserve the right to move the Court for appropriate relief. 2 Case 1:21-vv-02118-UNJ Document 47 Filed 01/29/24 Page 5 of 5 /s/Emilie F. Williams EMILIE F. WILLIAMS Trial Attorney Torts Branch, Civil Division U. S. Department of Justice P.O. Box l46, Benjamin Franklin Station Washington, D.C. 20044-0146 Tel: (202) 305-0124 Emilie.williams@usdoj.gov Dated: December 28, 2023 3 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_21-vv-02118-cl-extra-10736345 Date issued/filed: 2024-01-29 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10269755 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-2118V JOSEPHINE LEBAR, Chief Special Master Corcoran Petitioner, v. Filed: December 28, 2023 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Diana Lynn Stadelnikas, Maglio Christopher & Toale, PA, Sarasota, FL, for Petitioner. Emilie Williams, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On November 1, 2021, Josephine Lebar 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 as a result of an influenza vaccination she received on November 29, 2020. Petition at ¶¶ 1, 13. The case was assigned to the Special Processing Unit of the Office of Special Masters. On March 8, 2023, a ruling on entitlement was issued, finding Petitioner entitled to compensation. On December 28, 2023, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded a total of $163,519.91, consisting of $150,000.00 in pain and suffering, and $13,519.91 for out-of-pocket medical and related expenses. 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). Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $163,519.91, consisting of $150,000.00 in pain and suffering, and $13,519.91 for out-of-pocket medical and related 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 ___________________________________ ) JOSEPHINE LEBAR, ) ) Petitioner, ) No. 21-2118V ECF ) v. ) Chief Special Master Corcoran ) SECRETARY OF HEALTH ) AND HUMAN SERVICES, ) ) Respondent. ) ___________________________________ ) PROFFER ON AWARD OF COMPENSATION1 I. Procedural History On November 1, 2021, Josephine Lebar (“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 November 29, 2020, she suffered from Guillain-Barre Syndrome (GBS). See Petition. On March 7, 2023, respondent filed his Vaccine Rule 4(c) report, concluding that petitioner suffered GBS as defined by the Vaccine Injury Table, within the Table timeframe. On March 8, 2023, the Court issued a ruling on entitlement, finding that petitioner was entitled to compensation for a GBS Table injury. II. Items of Compensation Based upon the evidence of record, respondent proffers that petitioner should be awarded a lump sum of $163,519.91 for all damages, including $150,000.00 representative of pain and 1 This Proffer does not include attorneys’ fees and costs, which the parties intend to address after the Damages Decision is issued. suffering, and $13,519.91 representative of out-of-pocket medical and related expenses. This amount represents all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. III. Form of the Award 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: A lump sum payment of $163,519.91 in the form of a check payable to petitioner.2 Petitioner agrees. 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 LARA A. ENGLUND Assistant Director Torts Branch, Civil Division 2 Should petitioner die prior to entry of judgment, respondent would oppose any award for future medical expenses, future lost earnings, and future pain and suffering, and the parties reserve the right to move the Court for appropriate relief. 2 /s/Emilie F. Williams EMILIE F. WILLIAMS Trial Attorney Torts Branch, Civil Division U. S. Department of Justice P.O. Box l46, Benjamin Franklin Station Washington, D.C. 20044-0146 Tel: (202) 305-0124 Emilie.williams@usdoj.gov Dated: December 28, 2023 3 ================================================================================ DOCUMENT 4: USCOURTS-cofc-1_21-vv-02118-cl-extra-10742566 Date issued/filed: 2024-11-18 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10275976 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-2118V JOSEPHINE LEBAR, Chief Special Master Corcoran Petitioner, v. Filed: October 17, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Diana Lynn Stadelnikas, Maglio Christopher & Toale, PA, Sarasota, FL, for Petitioner. Emilie Williams, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On November 1, 2021, Josephine Lebar 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 she suffered from Guillain-Barre Syndrome as a result of an influenza vaccination she received on November 29, 2020. Petition, ECF No. 1. On December 28, 2023, I issued a decision awarding compensation to Petitioner based on the Respondent’s proffer. ECF No. 43. 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 $60,811.98 (representing $59,247.00 in fees plus $1,564.98 in costs). Application for Attorneys’ Fees and Costs (“Motion”) filed June 25, 2024, ECF No. 48. Furthermore, Petitioner represents that Petitioner incurred no personal out-of-pocket expenses. ECF No. 48-4. Respondent did not file a response to Petitioner’s Motion. 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. 48-3. Respondent offered no specific objection to the rates or amounts sought. I find the requested costs reasonable and hereby award them in full. 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 $60,811.98 (representing $59,247.00 in fees plus $1,564.98 in costs) as a lump sum in the form of a check jointly payable to Petitioner and Petitioner’s counsel, Maglio Christopher and Toale Law. Per Petitioner’s request, the check is to be forwarded to 1515 Ringling Blvd., Suite 700, Sarasota, FL 34236. 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