VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00031
Package ID: USCOURTS-cofc-1_22-vv-00031
Petitioner: Estate Of Eleanor Vlack
Filed: 2022-10-03
Decided: 2022-11-15
Vaccine: influenza
Vaccination date: 2020-09-17
Condition: Guillain-Barré syndrome (GBS) and death
Outcome: compensated
Award amount USD: 405000

AI-assisted case summary:
Beverly Luckner and Margaret Sutto, as personal representatives of the estate of Eleanor Vlack, filed a petition for compensation under the National Vaccine Injury Compensation Program on January 10, 2022. They alleged that Ms. Vlack suffered Guillain-Barré Syndrome (GBS) and death as a result of an influenza vaccine administered on September 17, 2020. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on September 29, 2022, conceding that Ms. Vlack's GBS met the criteria set forth in the Vaccine Injury Table, including the timeframe of onset between three and forty-two days after vaccination and the absence of an apparent alternative cause. The respondent also agreed that Ms. Vlack's death was a complication of her GBS treatment. On October 3, 2022, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding the petitioners entitled to compensation based on the respondent's concession and the evidence of record. Subsequently, on October 14, 2022, the respondent filed a proffer on the award of compensation, which the petitioners agreed to. This proffer proposed a lump sum payment of $405,000.00, comprising $155,000.00 for pain and suffering and $250,000.00 for the death benefit. On November 15, 2022, Chief Special Master Corcoran issued a decision awarding the petitioners the agreed-upon lump sum of $405,000.00, payable by check to the petitioners as personal representatives of the estate. The decision noted that this amount represented compensation for all damages available under Section 15(a) of the Vaccine Act. Petitioner counsel was Anne Carrion Toale of Maglio Christopher & Toale, PA, and respondent counsel was Katherine Carr Esposito of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments for GBS, or the mechanism of causation beyond its classification as a Table injury.

Theory of causation field:
The petitioner alleged that Eleanor Vlack suffered Guillain-Barré Syndrome (GBS) and death as a result of an influenza vaccine administered on September 17, 2020. The respondent conceded that Ms. Vlack's GBS was a Table injury, satisfying the criteria for a presumption of causation if onset occurred between three and forty-two days post-vaccination with no apparent alternative cause. The respondent further conceded that Ms. Vlack's death was a complication of her GBS treatment. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on October 3, 2022, finding petitioners entitled to compensation. A subsequent decision on November 15, 2022, awarded a lump sum of $405,000.00, consisting of $155,000.00 for pain and suffering and $250,000.00 for the death benefit, based on a proffer agreed to by both parties. Petitioner counsel was Anne Carrion Toale, and respondent counsel was Katherine Carr Esposito. The public decision does not detail specific medical experts, alternative medical theories, or the precise mechanism of GBS causation beyond its classification as a Table injury.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00031-0
Date issued/filed: 2022-11-07
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/3/2022) regarding 30 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:22-vv-00031-UNJ Document 36 Filed 11/07/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0031V
UNPUBLISHED
BEVERLY LUCKNER and Chief Special Master Corcoran
MARGARET SUTTO, as Personal
Representatives of ESTATE OF Filed: October 3, 2022
ELEANOR VLACK,
Special Processing Unit (SPU);
Petitioner, Ruling on Entitlement; Concession;
v. Table Injury; Influenza (Flu) Vaccine;
Guillain-Barre Syndrome (GBS)
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Anne Carrion Toale, Maglio Christopher & Toale, PA, Sarasota, FL, for Petitioner.
Katherine Carr Esposito, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 10, 2022, Beverly Luckner and Margaret Sutto (collectively,
“Petitioners”) filed a petition for compensation under the National Vaccine Injury
Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). Petitioners
allege that Ms. Vlack suffered Guillain-Barré syndrome (“GBS”) and death as a result of
an influenza (“flu”) vaccine administered to her on September 17, 2020. Petition at 1. 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 1:22-vv-00031-UNJ Document 36 Filed 11/07/22 Page 2 of 2
On September 29, 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 “[P]etitioners have satisfied the criteria
set forth in the Vaccine Injury Table (“Table”) and the Qualifications and Aids to
Interpretation (“QAI”), which afford [P]etitioners a presumption of causation if the onset of
Ms. Vlack’s GBS occurs between three and forty-two days after a seasonal flu vaccination
and there is no apparent alternative cause for Ms. Vlack’s GBS.” Id. at 11. Respondent
further agrees that “Ms. Vlack’s death was a complication of her treatment for GBS.” 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

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DOCUMENT 2: USCOURTS-cofc-1_22-vv-00031-1
Date issued/filed: 2022-11-15
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 10/14/2022) regarding 33 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:22-vv-00031-UNJ Document 37 Filed 11/15/22 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-31V
UNPUBLISHED
BEVERLY LUCKNER and Chief Special Master Corcoran
MARGARET SUTTO, as Personal
Representatives of the ESTATE OF Filed: October 14, 2022
ELEANOR VLACK,
Special Processing Unit (SPU);
Petitioners, Damages Decision Based on Proffer;
v. Influenza (Flu) Vaccine; Guillain-
Barre Syndrome (GBS)
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Anne Carrion Toale, Maglio Christopher & Toale, PA, Sarasota, FL, for Petitioners.
Katherine Carr Esposito, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 10, 2022, Beverly Luckner and Margaret Sutto, as personal
representative of the estate of Eleanor Vlack (“Petitioenr’s”) filed a petition for
compensation under the National Vaccine Injury Compensation Program, 42 U.S.C.
§300aa-10, et seq.2 (the “Vaccine Act”). Petitioners allege that Ms. Vlack suffered from
Guillain-Barre Syndrome (“GBS” and death as a result of receiving an influenza vaccine
on September 17, 2020.. Petition at 1-3. 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), Petitioners have 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 1:22-vv-00031-UNJ Document 37 Filed 11/15/22 Page 2 of 5
On October 3, 2022, a ruling on entitlement was issued, finding Petitioners entitled
to compensation for GBS. On October 14, 2022, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioners should be awarded $405,000.00
comprised of $155,00.00 for pain and suffering and $250,000.00 representative of the
death benefit. Proffer at 2. In the Proffer, Respondent represented that Petitioners agree
with the proffered award. Id. Based on the record as a whole, I find that Petitioners are
entitled to an award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, I award Petitioners a lump
sum payment of $405,000.00 (comprised of $155,000.00 for pain and suffering and
$250,000.00 representative of the death benefit) in the form of a check payable to
Petitioners. 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 1:22-vv-00031-UNJ Document 37 Filed 11/15/22 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
BEVERLY LUCKNER and
MARGARET SUTTO, as Personal
Representatives of the ESTATE OF
ELEANOR VLACK, No. 22-31V (ECF)
Chief Special Master Corcoran
Petitioners,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On January 10, 2022, Beverly Luckner and Margaret Sutto, as Personal Representatives
of the Estate of Eleanor Vlack (“petitioners”) 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.
Petitioners allege that, as a result of receiving the influenza vaccine on September 17, 2020, Ms.
Vlack suffered from Guillain-Barre Syndrome (“GBS”) and death. See Petition. On September
29, 2022, respondent filed his Vaccine Rule 4(c) report, concluding that Ms. Vlack 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. On October 3, 2022, Chief Special Master Corcoran
issued a ruling on entitlement, finding that petitioners were entitled to compensation for a GBS
Table injury.
1 This Proffer does not include attorneys’ fees and costs, which the parties intend to
address after the Damages Decision is issued.

Case 1:22-vv-00031-UNJ Document 37 Filed 11/15/22 Page 4 of 5
II. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioners should be
awarded a lump sum of $405,000.00, for all damages, including $155,000.00, representative of
pain and suffering to Ms. Vlack, and $250,000.00, representative of the death benefit. This
amount represents all elements of compensation to which petitioners are entitled under 42 U.S.C.
§ 300aa-15(a). Petitioners agree.
III. Form of the Award
Respondent recommends that the compensation provided to petitioners 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 following: A lump sum payment of $405,000.00 in
the form of a check payable to petitioners, as Personal Representatives of the Estate of Eleanor
Vlack.2 Petitioners agree.
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
2 Should petitioners die prior to entry of judgment, the parties reserve the right to move
the Court for appropriate relief.
2

Case 1:22-vv-00031-UNJ Document 37 Filed 11/15/22 Page 5 of 5
s/Katherine C. Esposito
Katherine C. Esposito
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) 305-3774
katherine.esposito@usdoj.gov
Dated: October 14, 2022
3