VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-02173 Package ID: USCOURTS-cofc-1_21-vv-02173 Petitioner: Carolyn Dianne Conn Filed: 2021-11-16 Decided: 2022-12-14 Vaccine: influenza Vaccination date: 2019-11-05 Condition: Guillain-Barre Syndrome (GBS) Outcome: compensated Award amount USD: 226725 AI-assisted case summary: Carolyn Dianne Conn filed a petition for compensation under the National Vaccine Injury Compensation Program on November 16, 2021. She alleged that she suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine she received on November 5, 2019, and that she has suffered residual effects for more than six months. The respondent, the Secretary of Health and Human Services, filed a report conceding that Ms. Conn is entitled to compensation. The respondent stated that Ms. Conn met the criteria for a Table injury, with GBS onset occurring within the specified timeframe after a seasonal flu vaccination and no more likely than not alternative cause. The respondent also agreed that the statutory six-month sequela requirement was satisfied. Based on this concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a ruling on entitlement on September 16, 2022, finding Ms. Conn entitled to compensation. Subsequently, on November 8, 2022, the respondent filed a proffer on the award of compensation, indicating that Ms. Conn should be awarded $226,725.80. This amount was comprised of $215,000.00 for pain and suffering, $7,552.12 for out-of-pocket expenses, and $4,173.68 for future care expenses. Ms. Conn agreed with this proffered award. Chief Special Master Corcoran issued a decision on December 14, 2022, awarding Ms. Conn a lump sum payment of $226,725.80, payable by check to Petitioner. The decision noted that this amount represented all damages available under Section 15(a) of the Vaccine Act. Petitioner was represented by William E. Cochran, Jr. of Black McLaren Jones Ryland & Griffee, P.C., and the respondent was represented by Terrence Kevin Mangan, Jr. of the U.S. Department of Justice. Theory of causation field: Petitioner Carolyn Dianne Conn alleged Guillain-Barre Syndrome (GBS) following an influenza vaccine administered on November 5, 2019. The respondent conceded entitlement, agreeing that Petitioner met the criteria for a Table injury, specifically GBS with onset between three and forty-two days after a seasonal flu vaccination, with no more likely than not alternative cause, and that the six-month sequela requirement was satisfied. The public decision does not describe the specific onset date, symptoms, medical tests, treatments, or expert testimony. The case proceeded based on the respondent's concession and a subsequent proffer on award of compensation. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on September 16, 2022, and a damages decision awarding $226,725.80 on December 14, 2022. The award included $215,000.00 for pain and suffering, $7,552.12 for out-of-pocket expenses, and $4,173.68 for future care expenses. Petitioner was represented by William E. Cochran, Jr., and respondent by Terrence Kevin Mangan, Jr. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-02173-0 Date issued/filed: 2022-10-18 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 09/16/2022) regarding 23 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-02173-UNJ Document 29 Filed 10/18/22 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-2173V UNPUBLISHED CAROLYN DIANNE CONN, Chief Special Master Corcoran Petitioner, Filed: September 16, 2022 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. William E. Cochran, Jr., Black McLaren Jones Ryland & Griffee, P.C., Memphis, TN , for Petitioner. Terrence Kevin Mangan, Jr., U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On November 16, 2021, Carolyn Dianne Conn 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”) as a result of an influenza vaccine she received on November 5, 2019. Petition at 1. Petitioner further alleges she has suffered the residual effects of her GBS for more than six months. Petition at ¶18. 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-02173-UNJ Document 29 Filed 10/18/22 Page 2 of 2 On September 15, 2022, R espondent 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 states that “Petitioner has satisfied the criteria set forth in the revised Vaccine Injury Table (Table) and the Qualifications and Aids to Interpretation (QAI), which afford a petitioner a presumption of causation if the onset of GBS occurs between three and forty-two days after a seasonal flu vaccination and there is no more likely than not alternative cause.” Id. at 5-6. Respondent further agrees that “the statutory six-month sequela requirement has been satisfied.” Id. at 6. 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-02173-1 Date issued/filed: 2022-12-14 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 11/09/2022) regarding 32 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-02173-UNJ Document 36 Filed 12/14/22 Page 1 of 5 Corrected In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-2173V UNPUBLISHED CAROLYN DIANNE CONN, Chief Special Master Corcoran Petitioner, Filed: November 9, 2022 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Damages Decision Based on Proffer; HUMAN SERVICES, Influenza (Flu) Vaccine; Guillain- Barre Syndrome (GBS) Respondent. William E. Cochran, Jr., Black McLaren Jones Ryland & Griffee, P.C., Memphis, TN , for Petitioner. Terrence Kevin Mangan, Jr., U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On November 16, 2021, Carolyn Dianne Conn 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 (“GBS”) as a result of an influenza vaccine administered on November 5, 2019. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On September 16, 2022, a ruling on entitlement was issued, finding Petitioner entitled to compensation for GBS. On November 8, 2022, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $226,725.80 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-02173-UNJ Document 36 Filed 12/14/22 Page 2 of 5 (comprised of $215,000.00 for pain and suffering, $7,552.12 for out-of-pocket expenses, and $4,173.68 for future care 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. Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $226,725.80 (comprised of $215,000.00 for pain and suffering, $7,552.12 for out-of-pocket expenses, and $4,173.68 for future care 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-02173-UNJ Document 36 Filed 12/14/22 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS CAROLYNN DIANNE CONN, Petitioner, No. 21-2173V Chief Special Master Corcoran v. ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. PROFFER ON AWARD OF COMPENSATION1 I. Procedural History On November 16, 2021, Carolynn Dianne Conn (“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 5, 2019, she suffered from Guillain-Barre Syndrome (GBS). See Petition. On September 15, 2022, 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 September 16, 2022, Chief Special Master Corcoran 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 $226,725.80, for all damages, including $215,000.00, 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-02173-UNJ Document 36 Filed 12/14/22 Page 4 of 5 suffering, $7,552.12, representative of out-of-pocket medical and related expenses, and $4,173.68, representative of future care 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 $226,725.80, 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 ALEXIS B. BABCOCK 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-02173-UNJ Document 36 Filed 12/14/22 Page 5 of 5 /s/ Terrence K. Mangan, Jr.__ TERRENCE K. MANGAN, JR. Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Phone: (202) 532-5875 Email: terrence.mangan@usdoj.gov Dated: November 8, 2022 3