VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-02322 Package ID: USCOURTS-cofc-1_21-vv-02322 Petitioner: Judy Jasper Filed: 2021-12-22 Decided: 2023-11-17 Vaccine: influenza Vaccination date: 2019-10-18 Condition: Guillain-Barre syndrome (GBS) Outcome: compensated Award amount USD: 244683.21 AI-assisted case summary: Judy Jasper filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine administered on October 18, 2019. The case was assigned to the Special Processing Unit. Respondent conceded that Ms. Jasper was entitled to compensation, having satisfied the criteria set forth in the Vaccine Injury Table and its Qualifications and Aids to Interpretation. A ruling on entitlement was issued on January 25, 2023, finding her eligible for compensation. Subsequently, on October 12, 2023, Respondent filed a proffer on award of compensation, which Petitioner agreed to. The court awarded Ms. Jasper a total of $244,683.21. This amount included $225,000.00 for pain and suffering and $377.85 for past unreimbursable medical expenses. Additionally, $19,305.36 was awarded to satisfy the State of Kentucky Medicaid lien. The compensation was to be paid via lump sum checks. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-02322-0 Date issued/filed: 2023-02-28 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 01/25/2023) regarding 32 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-02322-UNJ Document 36 Filed 02/28/23 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-2322V UNPUBLISHED JUDY JASPER, Chief Special Master Corcoran Petitioner, Filed: January 25, 2023 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on Entitlement;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. Diana Lynn Stadelnikas, Maglio Christopher & Toale, PA, Sarasota, FL, for Petitioner. Emily H. Manoso, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On December 22, 2021, Judy Jasper 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 she suffered Guillain-Barre syndromé (“GBS”) as a result of an influenza (“flu”) vaccine that was administered on October 18, 2019.3 Ex. 1 at 2. The case was assigned to the Special Processing Unit of the Office of Special Masters. On January 24, 2023, 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 has determined that “[P]etitioner has satisfied the criteria set 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). 3 The petition incorrectly listed the date of vaccination as October 8, 2019. Petition at 1. Case 1:21-vv-02322-UNJ Document 36 Filed 02/28/23 Page 2 of 2 forth in the Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation (“QAI”). Id. at 5. 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-02322-1 Date issued/filed: 2023-11-17 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 10/12/2023) regarding 51 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-02322-UNJ Document 55 Filed 11/17/23 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-2322V JUDY JASPER, Chief Special Master Corcoran Petitioner, v. Filed: October 12, 2023 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Diana Lynn Stadelnikas, Maglio Christopher & Toale, PA, Sarasota, FL, for Petitioner. Emily H. Manoso, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON DAMAGES1 On December 22, 2021, Judy Jasper 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 she suffered Guillain-Barré syndrome (“GBS”) as a result of an influenza (“flu”) vaccine that was administered on October 18, 2019.3 Ex. 1 at 2. The case was assigned to the Special Processing Unit of the Office of Special Masters. On January 25, 2023, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On October 12, 2023, Respondent filed a proffer on award of compensation (“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. 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 (2012). 3 The petition incorrectly listed the date of vaccination as October 8, 2019. Petition at 1. Case 1:21-vv-02322-UNJ Document 55 Filed 11/17/23 Page 2 of 5 Pursuant to the terms stated in the attached Proffer, I award the following: A. A lump sum payment of $225,377.85 (representing $225,000.00 for pain and suffering, and $377.85 for out-of-pocket medical and related expenses) in the form of a check payable to Petitioner. B. A lump sum payment of $19,305.36, representing compensation for satisfaction of the State of Kentucky Medicaid lien, in the form of a check payable jointly to Petitioner and: Anthem Medicaid P.O. Box 659940 San Antonio, TX 78265-9939 File No. 115946908 Petitioner agrees to endorse the check to Anthem Medicaid and forward it to Anthem Medicaid for satisfaction of the Medicaid lien. These amounts represent 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.4 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 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. Case 1:21-vv-02322-UNJ Document 55 Filed 11/17/23 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ___________________________________ ) JUDY JASPER, ) ) Petitioner, ) No. 21-2322V ECF ) v. ) Chief Special Master Corcoran ) SECRETARY OF HEALTH ) AND HUMAN SERVICES, ) ) Respondent. ) ___________________________________ ) REVISED PROFFER ON AWARD OF COMPENSATION1 On December 22, 2021, Judy Jasper (“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. She alleges that, as a result of receiving the influenza vaccine on October 8, 2019, she suffered from Guillain-Barre Syndrome (GBS). See Petition at 1,6. On January 24, 2023, respondent filed his Vaccine Rule 4(c) report, concluding that petitioner suffered GBS as defined by the Vaccine Injury Table, within the Table timeframe. ECF No. 31. On January 25, 2023, Chief Special Master Corcoran issued a ruling on entitlement, finding that petitioner was entitled to compensation for a GBS Table injury. A. Items of Compensation a. Pain and Suffering Respondent proffers that petitioner should be awarded $225,000.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). 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-02322-UNJ Document 55 Filed 11/17/23 Page 4 of 5 b. Past Unreimbursable Expenses Evidence supplied by petitioner documents that she incurred past unreimbursable expenses related to her vaccine-related injury. Respondent proffers that petitioner should be awarded past unreimbursable expenses in the amount of $377.85. See 42 U.S.C. § 300aa- 15(a)(1)(B). Petitioner agrees. c. Medicaid Lien Respondent proffers that petitioner should be awarded funds to satisfy the State of Kentucky Medicaid lien in the amount of $19,305.36, which represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the State of Kentucky may have against any individual as a result of any Medicaid payments the State of Kentucky has made to or on behalf of petitioner from the date of her eligibility for benefits through the date of judgment in this case as a result of her alleged vaccine-related injury suffered on or about October 8, 2019 under Title XIX of the Social Security Act. These amounts represent all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. B. 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 the Chief Special Master’s decision and the Court’s judgment award the following2: 2 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-02322-UNJ Document 55 Filed 11/17/23 Page 5 of 5 A. A lump sum payment of $225,377.85 in the form of a check payable to petitioner; and B. A lump sum payment of $19,305.36, representing compensation for satisfaction of the State of Kentucky Medicaid lien, in the form of a check payable jointly to petitioner and: Anthem Medicaid P.O. Box 659940 San Antonio TX 78265-9939 File No. 115946908 Petitioner agrees to endorse the check to Anthem Medicaid and forward it to Anthem Medicaid for satisfaction of the Medicaid lien. 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 DARRYL R. WISHARD Assistant Director Torts Branch, Civil Division /s/Emily H. Manoso EMILY H. MANOSO Trial Attorney Torts Branch, Civil Division U. S. Department of Justice P.O. Box l46, Benjamin Franklin Station Washington, D.C. 20044-0146 Tel: (202) 305-3912 Email: Emily.H.Manoso@usdoj.gov Dated: October 12, 2023 3 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_21-vv-02322-cl-extra-10737000 Date issued/filed: 2023-11-17 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10270410 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-2322V JUDY JASPER, Chief Special Master Corcoran Petitioner, v. Filed: October 12, 2023 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Diana Lynn Stadelnikas, Maglio Christopher & Toale, PA, Sarasota, FL, for Petitioner. Emily H. Manoso, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON DAMAGES1 On December 22, 2021, Judy Jasper 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 she suffered Guillain-Barré syndrome (“GBS”) as a result of an influenza (“flu”) vaccine that was administered on October 18, 2019.3 Ex. 1 at 2. The case was assigned to the Special Processing Unit of the Office of Special Masters. On January 25, 2023, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On October 12, 2023, Respondent filed a proffer on award of compensation (“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. 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 (2012). 3 The petition incorrectly listed the date of vaccination as October 8, 2019. Petition at 1. Pursuant to the terms stated in the attached Proffer, I award the following: A. A lump sum payment of $225,377.85 (representing $225,000.00 for pain and suffering, and $377.85 for out-of-pocket medical and related expenses) in the form of a check payable to Petitioner. B. A lump sum payment of $19,305.36, representing compensation for satisfaction of the State of Kentucky Medicaid lien, in the form of a check payable jointly to Petitioner and: Anthem Medicaid P.O. Box 659940 San Antonio, TX 78265-9939 File No. 115946908 Petitioner agrees to endorse the check to Anthem Medicaid and forward it to Anthem Medicaid for satisfaction of the Medicaid lien. These amounts represent 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.4 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 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. IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ___________________________________ ) JUDY JASPER, ) ) Petitioner, ) No. 21-2322V ECF ) v. ) Chief Special Master Corcoran ) SECRETARY OF HEALTH ) AND HUMAN SERVICES, ) ) Respondent. ) ___________________________________ ) REVISED PROFFER ON AWARD OF COMPENSATION1 On December 22, 2021, Judy Jasper (“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. She alleges that, as a result of receiving the influenza vaccine on October 8, 2019, she suffered from Guillain-Barre Syndrome (GBS). See Petition at 1,6. On January 24, 2023, respondent filed his Vaccine Rule 4(c) report, concluding that petitioner suffered GBS as defined by the Vaccine Injury Table, within the Table timeframe. ECF No. 31. On January 25, 2023, Chief Special Master Corcoran issued a ruling on entitlement, finding that petitioner was entitled to compensation for a GBS Table injury. A. Items of Compensation a. Pain and Suffering Respondent proffers that petitioner should be awarded $225,000.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. 1 This Proffer does not include attorneys’ fees and costs, which the parties intend to address after the Damages Decision is issued. b. Past Unreimbursable Expenses Evidence supplied by petitioner documents that she incurred past unreimbursable expenses related to her vaccine-related injury. Respondent proffers that petitioner should be awarded past unreimbursable expenses in the amount of $377.85. See 42 U.S.C. § 300aa- 15(a)(1)(B). Petitioner agrees. c. Medicaid Lien Respondent proffers that petitioner should be awarded funds to satisfy the State of Kentucky Medicaid lien in the amount of $19,305.36, which represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the State of Kentucky may have against any individual as a result of any Medicaid payments the State of Kentucky has made to or on behalf of petitioner from the date of her eligibility for benefits through the date of judgment in this case as a result of her alleged vaccine-related injury suffered on or about October 8, 2019 under Title XIX of the Social Security Act. These amounts represent all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. B. 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 the Chief Special Master’s decision and the Court’s judgment award the following2: 2 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 A. A lump sum payment of $225,377.85 in the form of a check payable to petitioner; and B. A lump sum payment of $19,305.36, representing compensation for satisfaction of the State of Kentucky Medicaid lien, in the form of a check payable jointly to petitioner and: Anthem Medicaid P.O. Box 659940 San Antonio TX 78265-9939 File No. 115946908 Petitioner agrees to endorse the check to Anthem Medicaid and forward it to Anthem Medicaid for satisfaction of the Medicaid lien. 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 DARRYL R. WISHARD Assistant Director Torts Branch, Civil Division /s/Emily H. Manoso EMILY H. MANOSO Trial Attorney Torts Branch, Civil Division U. S. Department of Justice P.O. Box l46, Benjamin Franklin Station Washington, D.C. 20044-0146 Tel: (202) 305-3912 Email: Emily.H.Manoso@usdoj.gov Dated: October 12, 2023 3 ================================================================================ DOCUMENT 4: USCOURTS-cofc-1_21-vv-02322-cl-extra-10735371 Date issued/filed: 2024-05-08 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10268781 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-2322V JUDY JASPER, Chief Special Master Corcoran Petitioner, v. Filed: April 4, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Diana Lynn Stadelnikas, Maglio Christopher & Toale, PA, Sarasota, FL, for Petitioner. Traci R. Patton, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On December 22, 2021, Judy Jasper 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 she suffered Guillain-Barré syndrome as a result of an influenza vaccine that was administered on October 18, 2019.3 Petition, ECF No. 1. On October 12, 2023, I issued a decision awarding compensation to Petitioner based on the Respondent’s proffer. ECF No. 51. 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 $83,366.13 (representing $81,283.00 in fees plus $2,083.13 in costs). Application for Fees and Costs (“Motion”) filed Feb. 5, 2024, ECF No. 57. Furthermore, Petitioner filed a signed statement representing that Petitioner incurred no personal out-of-pocket expenses. ECF No. 57-4. Respondent reacted to the motion on Feb. 9, 2024, reporting 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, ECF No. 58. Petitioner filed a reply reiterating her request as indicated in the Motion. ECF No. 59. The rates requested for work performed through the end of 2023 are reasonable and consistent with our prior determinations, and will therefore be adopted. Petitioner has also requested the hourly rate of $560 for 2024 work performed by attorney Diana L. Stadelnikas, representing a rate increase of $35; and the hourly rate of $190 for paralegal work performed in 2024. ECF No. 57-2. I find these hourly rates to be reasonable and will award the attorney’s fees requested. And all time billed to the matter was also reasonably incurred. Furthermore, Petitioner has provided supporting documentation for all claimed costs. 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 $83,366.13 (representing $81,283.00 in fees plus $2,083.13 in costs) as a lump sum in the form of a check jointly payable to Petitioner and Petitioner’s counsel. Per Petitioner’s request, the check is to be forwarded to Maglio Christopher and Toale Law, 1605 Main Street, Suite 710, Sarasota Florida 34236. 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