VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-02267 Package ID: USCOURTS-cofc-1_21-vv-02267 Petitioner: HOLLY O’DEA, as the Personal Representative of the ESTATE OF DOLORES WILLIAMS Filed: 2021-12-07 Decided: 2023-03-20 Vaccine: influenza Vaccination date: 2020-10-16 Condition: Guillain-Barre Syndrome (GBS) Outcome: compensated Award amount USD: 355022 AI-assisted case summary: Holly O’Dea, as the personal representative of the Estate of Dolores Williams, filed a petition alleging that Dolores Williams suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine received on October 16, 2020, and that this injury led to her death on November 4, 2020. The case was filed on December 7, 2021. Respondent conceded entitlement, agreeing that Ms. Williams suffered a Table injury (GBS) within the Table timeframe, that her death was a complication of her GBS, and that the claim was timely filed. The respondent also confirmed that Ms. Williams received her vaccination in the United States and that there was no evidence of an unrelated factor being a more likely cause of her injuries and death. A ruling on entitlement was issued on October 4, 2022. Subsequently, on February 15, 2023, Respondent filed a proffer recommending an award of $355,022.64, which included $250,000 for the death benefit, $105,000 for pain and suffering, and $22.64 for unreimbursable past expenses. Petitioner agreed with this proffered award. The Chief Special Master issued a decision awarding the full proffered amount on March 20, 2023. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-02267-0 Date issued/filed: 2022-11-03 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 10/04/2022) regarding 20 Ruling on Entitlement, Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-02267-UNJ Document 23 Filed 11/03/22 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-2267V UNPUBLISHED HOLLY O’DEA, as the Personal Chief Special Master Corcoran Representative of ESTATE OF DOLORES WILLIAMS, Filed: October 4, 2022 Petitioner, Special Processing Unit (SPU); v. Ruling on Entitlement; Concession; Table Injury; Influenza (Flu) Vaccine; SECRETARY OF HEALTH AND Guillain-Barre Syndrome (GBS) HUMAN SERVICES, Respondent. Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. James Vincent Lopez, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On December 7, 2021, Holly O’Dea, as personal representative of the Estate of Dolores Williams, 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 Ms. Williams suffered from Guillain-Barre Syndrome (“GBS”) as a result of an influenza vaccine she received on October 16, 2020. Petition at 1. Petitioner further alleges that Ms. Williams died as a result of her vaccine injury. Petition at ¶7. 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-02267-UNJ Document 23 Filed 11/03/22 Page 2 of 2 On October 3, 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 Table and the Qualifications and Aids to Interpretation (“QAI”). Id. at 3-4. Respondent further agrees that “the records also show that this case was timely filed, that Ms. Williams received her vaccination in the United States, that her death from GBS satisfies the statutory severity requirement, and there is also no evidence of a factor unrelated that is a more likely cause of her injuries and death. Id. at 4. 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-02267-1 Date issued/filed: 2023-03-20 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 02/16/2023) regarding 28 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-02267-UNJ Document 32 Filed 03/20/23 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-2267V UNPUBLISHED HOLLY O’DEA, as personal Chief Special Master Corcoran representative of the Estate of Dolores Williams, Filed: February 16, 2023 Petitioner, Special Processing Unit (SPU); v. Damages Decision Based on Proffer; Influenza (Flu) Vaccine; Guillain- SECRETARY OF HEALTH AND Barre Syndrome (GBS) HUMAN SERVICES, Respondent. Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. James Vincent Lopez, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On December 7, 2021, Holly O’Dea, as personal representative for the Estate of Dolores Williams, 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 Ms. Williams suffered from Guillain-Barre Syndrome (“GBS”) as a result of an influenza vaccination she received on October 16, 2020. Petition at 1. Ms. Williams died as a result of her GBS. Id. at ¶6-7. The case was assigned to the Special Processing Unit of the Office of Special Masters. On October 4, 2022, a ruling on entitlement was issued, finding Petitioner entitled to compensation for Ms. Williams’ GBS. On February 15, 2023, Respondent filed a proffer 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-02267-UNJ Document 32 Filed 03/20/23 Page 2 of 5 on award of compensation (“Proffer”) indicating Petitioner should be awarded $355,022.64, representing $250,000 for the death benefit, $105,000 in actual pain and suffering, and $22.64 in past unreimbursable 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 $355,022.64, representing $250,000 for the death benefit, $105,000 in actual pain and suffering, and $22.64 in past unreimbursable 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-02267-UNJ Document 32 Filed 03/20/23 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) HOLLY O’DEA, as the Personal ) Representative of the ESTATE OF DOLORES ) WILLIAMS, ) ) No. 21-2267V Petitioner, ) Chief Special Master Corcoran ) ECF v. ) ) SECRETARY OF HEALTH ) AND HUMAN SERVICES, ) ) Respondent. ) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On December 7, 2021, Holly O’Dea (“petitioner”) as personal representative of the Estate of Dolores Williams, decedent, 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 the influenza vaccine administered to her mother, Dolores Williams, on October 16, 2020, caused her to develop Guillain-Barre Syndrome (“GBS”), ultimately leading to her death on November 4, 2020. On October 3, 2022, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report, concluding that Ms. Williams suffered GBS as defined by the Vaccine Injury Table, within the Table timeframe, and that her death was a complication of her treatment for GBS. ECF No. 19. On October 4, 2022, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 20. I. Items of Compensation Based upon the evidence of record, respondent proffers that petitioner should be awarded a lump sum of $355,022.64 ($250,000.00 for the death benefit; $105,000.00 for pain and Case 1:21-vv-02267-UNJ Document 32 Filed 03/20/23 Page 4 of 5 suffering; and $22.64 for unreimbursable past expenses). This amount represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. II. Form of the Award Respondent recommends that the Court award petitioner a lump sum payment of $355,022.64, in the form of a check payable to petitioner, as the personal representative of the estate of her mother, Dolores Williams.1 Petitioner agrees. III. Summary of Recommended Payment Lump sum payment to petitioner, HOLLY O’DEA, as personal representative of the ESTATE OF DOLORES WILLIAMS: $355,022.64 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 TRACI R. PATTON Assistant Director Torts Branch, Civil Division 1 Holly O’Dea has demonstrated that she is the legal representative of the Estate of Dolores Williams for the purposes of 42 U.S.C. § 300aa-11(b)(1)(A). See Petitioner’s Exhibit 7. 2 Case 1:21-vv-02267-UNJ Document 32 Filed 03/20/23 Page 5 of 5 /s James V. Lopez James V. Lopez Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146, Ben Franklin Station Washington, D.C. 20044-0146 Tel: (202) 616-3655 Fax: (202) 616-4310 Email: james.lopez@usdoj.gov Date: February 15, 2023 3