VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-02234
Package ID: USCOURTS-cofc-1_21-vv-02234
Petitioner: A.M.
Filed: 2021-11-30
Decided: 2022-08-26
Vaccine: influenza
Vaccination date: 2020-10-17
Condition: Guillain-Barré syndrome
Outcome: compensated
Award amount USD: 94632

AI-assisted case summary:
Riana Proia, as parent and natural guardian of her minor child A.M., filed a petition for compensation under the National Vaccine Injury Compensation Program on November 30, 2021. The petition alleged that A.M. suffered from Guillain-Barré syndrome (GBS) as a result of an influenza vaccine administered on or about October 17, 2020. The Respondent, the Secretary of Health and Human Services, filed a report conceding that A.M. satisfied the criteria for a Table injury, specifically GBS occurring within the Table's timeframe after a seasonal flu vaccine, with no apparent alternate cause. The Respondent also agreed that the case was timely filed, the vaccine was administered in the United States, and A.M. met the statutory severity requirement of suffering residual effects for more than six months. Based on the Respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran found A.M. entitled to compensation in a ruling issued on July 25, 2022. Subsequently, a decision awarding damages was issued on July 25, 2022. The parties agreed to a proffer for the award amount. The court awarded a total of $94,632.68, comprising $85,000.00 for pain and suffering, $28.68 for past unreimbursable expenses, and $9,604.37 to satisfy a State of Rhode Island Medicaid lien. Petitioner counsel was Laura Levenberg of Muller Brazil, LLP, and respondent counsel was Austin Joel Egan of the U.S. Department of Justice. The decision was issued by Chief Special Master Brian H. Corcoran.

Theory of causation field:
Petitioner alleged that A.M. suffered Guillain-Barré syndrome (GBS) as a result of an influenza vaccine administered on or about October 17, 2020. The Respondent conceded that Petitioner satisfied the criteria for a Table injury, specifically GBS occurring within the Table's timeframe (three to forty-two days) after a seasonal flu vaccination, with no apparent alternate cause. The Respondent also agreed that the case was timely filed, the vaccine was administered in the United States, and A.M. met the statutory severity requirement of suffering residual effects for more than six months. The public decision does not describe the specific onset, symptoms, medical tests, treatments, or expert witnesses. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on July 25, 2022, finding Petitioner entitled to compensation based on the Respondent's concession. A subsequent Decision Awarding Damages, also issued on July 25, 2022, awarded a total of $94,632.68, comprising $85,000.00 for pain and suffering, $28.68 for past unreimbursable expenses, and $9,604.37 to satisfy a State of Rhode Island Medicaid lien. Petitioner was represented by Laura Levenberg of Muller Brazil, LLP, and Respondent was represented by Austin Joel Egan of the U.S. Department of Justice.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-02234-0
Date issued/filed: 2022-08-26
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 07/25/2022) regarding 20 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (ke) Service on parties made.
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Case 1:21-vv-02234-UNJ Document 25 Filed 08/26/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-2234V
UNPUBLISHED
RIANA PROIA, Parent and Natural Chief Special Master Corcoran
Guardian of A.M., a Minor,
Filed: July 25, 2022
Petitioner,
v. Special Processing Unit (SPU);
Ruling on Entitlement; Concession;
SECRETARY OF HEALTH AND Table Injury; Influenza (Flu); Guillain-
HUMAN SERVICES, Barré syndrome (“GBS”).
Respondent.
Laura Levenberg, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Austin Joel Egan, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On November 30, 2021, Riana Proia, parent and natural guardian of her minor
child, A.M. (“Petitioner”) 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 A.M. suffered from Guillain-Barré syndrome (“GBS”) as a result of
an influenza vaccine (“flu”) vaccine administered to him on or about October 17, 2020.
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On July 25, 2022, Respondent filed a combined Rule 4(c) Report and Proffer in
which he concedes that Petitioner has satisfied the criteria set forth in the Vaccine Injury
Table (“Table”) and the Qualifications and Aids to Interpretation (“QAI”), which afford
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-02234-UNJ Document 25 Filed 08/26/22 Page 2 of 2
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 alternate cause of
GBS. Respondent’s Rule 4(c) Report and Proffer at 7 (citing 42 C.F.R. § 100.3(a)(XIV)(D),
(c)(15)). Respondent further agrees that Petitioner timely filed this case, that A.M.
received the flu vaccine in the United States, and that A.M. satisfied the statutory severity
requirement by suffering the residual effects or complications of GBS for more than six
months after vaccine administration. Id. (citing Section 11(c)(1)(D)(i)).
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

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DOCUMENT 2: USCOURTS-cofc-1_21-vv-02234-1
Date issued/filed: 2022-08-26
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 07/25/2022) regarding 21 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (ke) Service on parties made.
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Case 1:21-vv-02234-UNJ Document 26 Filed 08/26/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-2234V
UNPUBLISHED
RIANA PROIA, Parent and Natural Chief Special Master Corcoran
Guardian of A.M., a Minor,
Filed: July 25, 2022
Petitioner,
v. Special Processing Unit (SPU);
Damages Decision Based on Proffer;
SECRETARY OF HEALTH AND Influenza (Flu); Guillain-Barré
HUMAN SERVICES, syndrome (“GBS”).
Respondent.
Laura Levenberg, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Austin Joel Egan, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On November 30, 2021, Riana Proia, parent and natural guardian of her minor
child, A.M. (“Petitioner”) 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 A.M. suffered from Guillain-Barré syndrome (“GBS”) as a result of
an influenza vaccine (“flu”) vaccine administered to him on or about October 17, 2020.
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
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-02234-UNJ Document 26 Filed 08/26/22 Page 2 of 2
On July 25, 2022, Respondent filed a combined Rule 4(c) Report and Proffer in
which he conceded that Petitioner on behalf of A.M. was entitled to compensation for
A.M.’s GBS. Respondent’s Rule 4(c) Report and Proffer at 1, 7. That same day, I issued
a Ruling on Entitlement.
Respondent represents that Petitioner agrees to his proffer on an award of
compensation. Rule 4(c) Report and Proffer at 8-9. 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 combined Rule 4(c) Report and Proffer,3 I award
the following compensation:
• A lump sum of $85,000.00 (for pain and suffering) in the form of a check
payable to Petitioner as the guardian/ conservator of the Estate of A.M.
for the benefit of A.M. No payment shall be made until Petitioner provides
Respondent with documentation establishing that she has been
appointed as guardian/ conservator of A.M.’s estate;
• A lump sum of $28.68 in the form of a check payable to Petitioner for past
unreimbursable expenses; and
• A lump sum payment of $9,604.37, representing compensation for
satisfaction of a State of Rhode Island Medicaid lien, payable jointly to
Petitioner and to:
Optum
PO Box 182643
Columbus, OH 43218-2643
Re: A.M. - #73660961
Attention: Ronald Glaser
These amounts represent compensation for all damages that would be available under
Section 15(a). Respondent’s Rule 4(c) Report and Proffer at 8-9.
The Clerk of Court is directed to enter judgment in accordance with this decision.4
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 Because the combined Rule 4(c) Report and Proffer contains information regarding A.M.’s personal
medical history, which is not generally included in a Proffer when separately filed, it is not attached hereto.
4 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