VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-02264 Package ID: USCOURTS-cofc-1_21-vv-02264 Petitioner: James Carter Filed: 2021-12-07 Decided: 2023-04-11 Vaccine: influenza Vaccination date: 2019-10-31 Condition: Guillain-Barre Syndrome (GBS) Outcome: compensated Award amount USD: 190000 AI-assisted case summary: James Carter filed a petition for compensation under the National Vaccine Injury Compensation Program on December 7, 2021, alleging that he suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine he received on October 31, 2019. He alleged the vaccine was administered in the United States, that he suffered sequelae of GBS for more than six months, and that he had not received prior compensation for his injury. Respondent filed a Rule 4(c) report on October 28, 2022, conceding that Mr. Carter was entitled to compensation. Respondent agreed that the petitioner satisfied the criteria for a flu/GBS Table injury, that his condition persisted for at least six months, and that there was no alternative cause for his condition. Based on the respondent's concession and the evidence, a ruling on entitlement was issued on October 28, 2022, finding Mr. Carter entitled to compensation. Subsequently, on February 28, 2023, Respondent filed a proffer on award of compensation, indicating that Mr. Carter should be awarded $190,000.00 in pain and suffering, an amount to which Mr. Carter agreed. A decision awarding damages was issued on April 11, 2023, granting Mr. Carter a lump sum payment of $190,000.00. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-02264-0 Date issued/filed: 2022-11-29 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 10/28/2022) regarding 19 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-02264-UNJ Document 21 Filed 11/29/22 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-2264V UNPUBLISHED JAMES CARTER, Chief Special Master Corcoran Petitioner, Filed: October 28, 2022 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on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. Meghan Murphy, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On December 7, 2021, James Carter 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 suffered Guillain-Barre Syndrome (“GBS”) as a result of an influenza (“flu”) vaccine received on October 31, 2019. Petition at 1. Petitioner further alleges the vaccine was administered in the United States, he suffered sequela of GBS for more than six months, and neither Petitioner nor any other party has ever received compensation in the form of an award or settlement for his vaccine-related injury. Petition at ¶¶ 7, 9; Ex.1; Ex. 2 at 63-66. 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-02264-UNJ Document 21 Filed 11/29/22 Page 2 of 2 On October 28, 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 agrees “that petitioner has satisfied the criteria set forth in the Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation for a flu/GBS Table injury.” Id. at 8. Respondent further agrees that Petitioner’s condition has persisted for at least six months and there is no alternative cause that explains his condition. 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-02264-1 Date issued/filed: 2023-04-11 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 03/02/2023 ) regarding 26 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-02264-UNJ Document 30 Filed 04/11/23 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-2264V UNPUBLISHED JAMES CARTER, Chief Special Master Corcoran Petitioner, Filed: March 2, 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. Meghan Murphy, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On December 7, 2021, James Carter 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 suffered Guillain-Barre Syndrome (“GBS”) as a result of an influenza (“flu”) vaccine received on October 31, 2019. Petition at 1. Petitioner further alleges the vaccine was administered in the United States, he suffered sequela of GBS for more than six months, and neither Petitioner nor any other party has ever received compensation in the form of an award or settlement for his vaccine-related injury. Petition at ¶¶ 7, 9; Ex.1; Ex. 2 at 63-66. 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-02264-UNJ Document 30 Filed 04/11/23 Page 2 of 5 On October 28, 2022, a ruling on entitlement was issued, finding Petitioner entitled to compensation for GBS. On February 28, 2023, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $190,000.00. 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 $190,000.00 (in pain and suffering) 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-02264-UNJ Document 30 Filed 04/11/23 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) JAMES CARTER, ) ) Petitioner, ) ) No. 21-2264V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND HUMAN ) SERVICES, ) ) Respondent. ) ) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On December 7, 2021, James Carter (“petitioner”) filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986, as amended (“the Vaccine Act” or “the Act”), 42 U.S.C. §§ 300aa-1 to -34. Petitioner alleges that he suffered Guillain-Barré Syndrome (“GBS”) following the receipt of an influenza (“flu”) vaccine administered on October 31, 2019. See Petition at Preamble. On October 28, 2022, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that this case is appropriate for compensation under the terms of the Act. ECF No. 18. On October 28, 2022, Chief Special Master Corcoran issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 19. I. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $190,000.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). This amount represents all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. Case 1:21-vv-02264-UNJ Document 30 Filed 04/11/23 Page 4 of 5 II. Form of the Award Petitioner is a competent adult. Evidence of guardianship is not required in this case. Respondent recommends that the compensation provided to petitioner should be made through a lump sum payment as described below and requests that Chief Special Master Corcoran’s decision and the Court’s judgment award the following1: a lump sum payment of $190,000.00, in the form of a check payable to petitioner. III. Summary of Recommended Payments Following Judgment Lump sum payable to petitioner, James Carter: $190,000.00 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 1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court for appropriate relief. In particular, respondent would oppose any award for future, unreimbursed expenses, future lost earnings and future pain and suffering. 2 Case 1:21-vv-02264-UNJ Document 30 Filed 04/11/23 Page 5 of 5 /s/ MEGHAN R. MURPHY Meghan R. Murphy 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) 616-4264 Email: meghan.r.murphy@usdoj.gov DATED: February 28, 2023 3 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_21-vv-02264-cl-extra-10736713 Date issued/filed: 2023-12-18 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10270123 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-2264V JAMES CARTER, Chief Special Master Corcoran Petitioner, v. Filed: November 16, 2023 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Meghan Murphy, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On December 7, 2021, James Carter 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 he suffered Guillain-Barre Syndrome as a result of an influenza vaccine received on October 31, 2019. Petition, ECF No. 1. On March 2, 2023, I issued a decision awarding compensation to Petitioner based on the Respondent’s proffer. ECF No. 26. 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 $28,861.47 (representing $25,637.70 in fees plus $3,223.77 in costs). Petitioner’s Application for Fees and Costs (“Motion”) filed Sept. 6, 2023, ECF No. 31. In accordance with General Order No. 9, Petitioner filed a signed statement representing that Petitioner incurred no out-of-pocket expenses. Id. at 2. Respondent reacted to the motion on Sept. 13, 2023, reporting that he is satisfied the statutory requirements for an award of attorneys’ fees and costs are met in this case, deferring resolution of the amount to be awarded to my discretion. Respondent’s Response to Motion at 2-3, ECF No. 32. Petitioner filed a reply reiterating his fees and costs request. ECF No. 33. 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. 31-2. Respondent offered no specific objection to the rates or amounts sought. 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 $28,861.47 (representing $25,637.70 in fees plus $3,223.77 in costs) as a lump sum in the form of a check jointly payable to Petitioner and Petitioner’s counsel, Leah V. Durant. 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