VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-02219 Package ID: USCOURTS-cofc-1_21-vv-02219 Petitioner: Steven Beachey Filed: 2021-11-29 Decided: 2023-03-27 Vaccine: influenza Vaccination date: 2020-01-20 Condition: Guillain-Barre syndrome (GBS) Outcome: compensated Award amount USD: 140000 AI-assisted case summary: Steven Beachey filed a petition for compensation under the National Vaccine Injury Compensation Program on November 29, 2021. He alleged that he received an influenza vaccine on January 20, 2020, and subsequently developed Guillain-Barré syndrome (GBS). The petition also alleged that his injury lasted for more than six months. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on September 14, 2022, conceding that Mr. Beachey was entitled to compensation. The respondent stated that the petitioner satisfied the criteria set forth in the revised Vaccine Injury Table (Table) and the Qualifications and Aids to Interpretation (QAI), which provide a presumption of causation if GBS onset occurs between three and forty-two days after a seasonal flu vaccination and there is no apparent alternative cause. The respondent also agreed that the six-month sequela requirement was satisfied and that the petitioner met all legal prerequisites for compensation. On September 15, 2022, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding Mr. Beachey entitled to compensation. Subsequently, on February 22, 2023, the parties filed a proffer on the award of compensation. The respondent proffered that Mr. Beachey should be awarded a total of $140,000.00 for all damages, representing compensation for all elements available under Section 15(a) of the Act. The petitioner agreed with this proffered award. Based on the record and the proffer, Chief Special Master Corcoran issued a decision on March 27, 2023, awarding Mr. Beachey a lump sum payment of $140,000.00, payable by check to the petitioner. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or expert witnesses. Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC, and the respondent was represented by Terrence Kevin Mangan, Jr. of the U.S. Department of Justice. Theory of causation field: Petitioner Steven Beachey received an influenza vaccine on January 20, 2020. He alleged that he subsequently developed Guillain-Barré syndrome (GBS), which lasted for more than six months. The respondent conceded that this was a Table injury, satisfying the criteria in the revised Vaccine Injury Table and Qualifications and Aids to Interpretation, which provide a presumption of causation for GBS occurring between three and forty-two days after a seasonal flu vaccination in the absence of an apparent alternative cause. The respondent agreed that the six-month sequela requirement was met. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on September 15, 2022, finding Petitioner entitled to compensation. On March 27, 2023, Chief Special Master Corcoran issued a decision awarding Petitioner a lump sum of $140,000.00 for all damages, based on a proffer agreed to by both parties. Petitioner was represented by Leah VaSahnja Durant, and Respondent was represented by Terrence Kevin Mangan, Jr. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-02219-0 Date issued/filed: 2022-10-19 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 09/15/2022) regarding 18 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-02219-UNJ Document 21 Filed 10/19/22 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-2219V UNPUBLISHED STEVEN BEACHY, Chief Special Master Corcoran Petitioner, Filed: September 15, 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. Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Terrence Kevin Mangan, Jr., U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On November 29, 2021, Steven Beachy 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 received an influenza (“flu”) vaccination on January 20, 2020, and thereafter suffered from Guillain-Barré syndrome (“GBS”). Petition at 1. Petitioner further alleges that his injury lasted for more than six months. Petition at 4. The case was assigned to the Special Processing Unit of the Office of Special Masters. On September 14, 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 states that “petitioner has satisfied the criteria set forth in the revised Vaccine Injury Table (Table) and the Qualifications and Aids to 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-02219-UNJ Document 21 Filed 10/19/22 Page 2 of 2 Interpretation (QAI), which afford 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 apparent alternative cause.” Id. at 5. Respondent further agrees that the six month sequela requirement has been satisfied and that Petitioner has satisfied all legal prerequisites for compensation under the Act. 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-02219-1 Date issued/filed: 2023-03-27 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 02/22/2023) regarding 26 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-02219-UNJ Document 31 Filed 03/27/23 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-2219V UNPUBLISHED STEVEN BEACHY, Chief Special Master Corcoran Petitioner, Filed: February 22, 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. Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Terrence Kevin Mangan, Jr., U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On November 29, 2021, Steven Beachy 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 received an influenza (“flu”) vaccination on January 20, 2020, and thereafter suffered from Guillain-Barré syndrome (“GBS”). Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On September 15, 2022, a ruling on entitlement was issued, finding Petitioner entitled to compensation for GBS. On February 22, 2023, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded a total of $140,000.00 for all damages. Proffer at 1. In the Proffer, Respondent represented that 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-02219-UNJ Document 31 Filed 03/27/23 Page 2 of 4 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 $140,000.00, 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-02219-UNJ Document 31 Filed 03/27/23 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS STEVEN BEACHY, Petitioner, No. 21-2219V Chief Special Master Corcoran v. ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. PROFFER ON AWARD OF COMPENSATION1 I. Procedural History On November 29, 2021, Steven Beachy (“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. He alleges that, as a result of receiving the influenza (“flu”) vaccine on January 20, 2020, he suffered Guillain-Barre Syndrome (“GBS”). See Petition. On September 14, 2022, respondent filed his Vaccine Rule 4(c) report conceding this GBS Table case. On September 15, 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 $140,000.00, for all damages. This amount represents all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. 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-02219-UNJ Document 31 Filed 03/27/23 Page 4 of 4 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 $140,000.00, 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 /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: February 22, 2023 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