VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-02295 Package ID: USCOURTS-cofc-1_21-vv-02295 Petitioner: Francis Miller Filed: 2023-12-04 Decided: 2024-01-04 Vaccine: influenza Vaccination date: 2019-10-22 Condition: Guillain-Barre Syndrome Outcome: compensated Award amount USD: 362226 AI-assisted case summary: Francis Miller filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered from Guillain-Barre Syndrome (GBS) following an influenza vaccination he received on October 22, 2019. He further alleged that his symptoms persisted longer than six months. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report and Proffer on Damages, conceding that Mr. Miller is entitled to compensation. The respondent stated that Mr. Miller satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation. Based on the respondent's concession and the evidence of record, the Chief Special Master found Mr. Miller entitled to compensation. The decision awarding damages stated that Mr. Miller should be awarded $362,226.07, representing $215,000.00 for pain and suffering, $1,883.07 for past unreimbursed expenses, and $145,343.00 in lost wages. Mr. Miller agreed with this proffered award. The court awarded Mr. Miller a lump sum payment of $362,226.07 as compensation for all damages. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-02295-0 Date issued/filed: 2024-01-04 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 12/04/2023) regarding 37 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-02295-UNJ Document 44 Filed 01/04/24 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-2295V FRANCIS MILLER, Chief Special Master Corcoran Petitioner, Filed: December 4, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Joseph Alexander Vuckovich, Maglio Christopher & Toale, PA, Washington, DC, for Petitioner. Adam Nemeth Muffett, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On December 14, 2021, Francis Miller 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 from Guillain-Barre Syndrome (“GBS”) following an influenza vaccination he received on October 22, 2019. Petition at ¶¶ 1, 8, 10. Petitioner further alleges that his vaccine-related symptoms have persisted longer than six months. Petition at ¶ 11. The case was assigned to the Special Processing Unit of the Office of Special Masters. On December 1, 2023, Respondent filed his Rule 4(c) Report and Proffer on Damages (“Rule 4/Proffer”) in which he concedes that Petitioner is entitled to 1 Because this Ruling 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 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 (2018). Case 1:21-vv-02295-UNJ Document 44 Filed 01/04/24 Page 2 of 2 compensation in this case. Respondent’s Rule 4(c)/Proffer at 1. Specifically, Respondent states that “Petitioner has satisfied the criteria set forth in the Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation (“QAI”).” 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-02295-1 Date issued/filed: 2024-01-04 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 12/04/2023) regarding 38 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-02295-UNJ Document 45 Filed 01/04/24 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-2295V FRANCIS MILLER, Chief Special Master Corcoran Petitioner, Filed: December 4, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Joseph Alexander Vuckovich, Maglio Christopher & Toale, PA, Washington, DC, for Petitioner. Adam Nemeth Muffett, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On December 4, 2023, Francis Miller 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 from Guillain-Barre Syndrome (“GBS”) following an influenza vaccination he received on October 22, 2019. Petition at ¶¶ 1, 8, 10. Petitioner further alleges that his vaccine-related symptoms have persisted longer than six months. Petition at ¶ 11. The case was assigned to the Special Processing Unit of the Office of Special Masters. On December 1, 2023, Respondent filed a Rule 4(c) Report and Proffer on Damages (“Rule 4/Proffer”). ECF No.36. On December 4, 2023, a ruling on entitlement was issued, finding Petitioner entitled to compensation for his GBS. Respondent’s Rule 4/Proffer indicates that Petitioner should be awarded $362,226.07, representing $215,000.00 for pain and suffering, $1,883.07 for past unreimbursed expenses, and $145,343.00 in lost wages. Rule 4/Proffer at 6-7. In the Rule 4/Proffer, Respondent 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 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 (2018). Case 1:21-vv-02295-UNJ Document 45 Filed 01/04/24 Page 2 of 2 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 Rule 4/Proffer, I award Petitioner a lump sum payment of $362,226.07, representing $215,000.00 for pain and suffering, $1,883.07 for past unreimbursed expenses, and $145,343.00 in lost wages, 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 the 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 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_21-vv-02295-cl-extra-10736554 Date issued/filed: 2024-01-04 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10269964 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-2295V FRANCIS MILLER, Chief Special Master Corcoran Petitioner, Filed: December 4, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Joseph Alexander Vuckovich, Maglio Christopher & Toale, PA, Washington, DC, for Petitioner. Adam Nemeth Muffett, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT 1 On December 14, 2021, Francis Miller 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 from Guillain-Barre Syndrome (“GBS”) following an influenza vaccination he received on October 22, 2019. Petition at ¶¶ 1, 8, 10. Petitioner further alleges that his vaccine-related symptoms have persisted longer than six months. Petition at ¶ 11. The case was assigned to the Special Processing Unit of the Office of Special Masters. On December 1, 2023, Respondent filed his Rule 4(c) Report and Proffer on Damages (“Rule 4/Proffer”) in which he concedes that Petitioner is entitled to 1 Because this Ruling 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 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 (2018). compensation in this case. Respondent’s Rule 4(c)/Proffer at 1. Specifically, Respondent states that “Petitioner has satisfied the criteria set forth in the Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation (“QAI”).” 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 4: USCOURTS-cofc-1_21-vv-02295-cl-extra-10735271 Date issued/filed: 2024-05-20 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10268681 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-2295V FRANCIS MILLER, Chief Special Master Corcoran Petitioner, v. Filed: April 17, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Joseph Alexander Vuckovich, Maglio Christopher & Toale, PA, Washington, DC, for Petitioner. Adam Nemeth Muffett, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On December 4, 2023, Francis Miller 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 from Guillain-Barre Syndrome (“GBS”) following an influenza vaccination he received on October 22, 2019. Petition at ¶¶ 1, 8, 10. Petitioner further alleges that his vaccine-related symptoms have persisted longer 1Because 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 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 (2018). than six months. Petition at ¶ 11. On December 4, 2023, I issued a decision awarding compensation to Petitioner based on the Respondent’s proffer. ECF No. 38. Petitioner has now filed a motion for attorney’s fees and costs, requesting an award of $78,841.37 (representing $76,961.50 in fees plus $1,879.87 in costs). Petitioner’s Application for Attorneys’ Fees (“Motion”) filed January 9, 2024, ECF No. 46. In accordance with General Order No. 9, Petitioner filed a signed statement indicating that he incurred out-of-pocket expenses in the amount of $6.50. ECF No. 46 - 3. Respondent reacted to the motion on January 18, 2024, indicating that he is satisfied that the statutory requirements for an award of attorney’s fees and costs are met in this case, but deferring resolution of the amount to be awarded to my discretion. Respondent’s Response to Motion at 2-3, 3 n.2, ECF No. 47. Petitioner filed her reply on January 19, 2024, requesting attorney fees and costs be awarded with no reduction. ECF No. 48. 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. 46 - 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, Petitioner is awarded the total amount of $78,847,87 as follows: • A lump sum of $78,841.37, representing reimbursement for attorneys’ fees and costs, in the form of a check payable jointly to Petitioner and Petitioner’s counsel, mctlaw; • A lump sum of $6.50, representing reimbursement for Petitioner’s costs, in the form of a check payable to Petitioner; and • Petitioner requests checks be forwarded to mctlaw, 1605 Main Street, Suite 710, Sarasota, Florida 34236. 2 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 filing a joint notice renouncing their right to seek review. 3