VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00126
Package ID: USCOURTS-cofc-1_22-vv-00126
Petitioner: Anne Rosenthal
Filed: 2022-02-08
Decided: 2024-10-28
Vaccine: influenza
Vaccination date: 2019-09-19
Condition: Guillain-Barré syndrome
Outcome: compensated
Award amount USD: 122377

AI-assisted case summary:
Anne Rosenthal filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered from Guillain-Barré syndrome (GBS) as a result of an influenza vaccine she received on September 19, 2019. She further alleged that she suffered residual effects for more than six months. The respondent conceded entitlement, stating that Ms. Rosenthal met the criteria for a presumptive Table GBS injury and satisfied the statutory severity requirement. The case proceeded as a Table injury claim. On November 29, 2022, a ruling on entitlement was issued, finding Ms. Rosenthal entitled to compensation. Subsequently, on September 25, 2024, the parties filed a proffer on award of compensation. The respondent proffered that Ms. Rosenthal should be awarded a total of $122,377.03, comprised of $117,500.00 for pain and suffering and $4,877.03 for unreimbursed out-of-pocket medical expenses. Ms. Rosenthal, who is a competent adult, agreed with the proffered award. The court issued a decision awarding damages on October 28, 2024, granting the lump sum payment of $122,377.03.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00126-0
Date issued/filed: 2022-12-30
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/29/2022) regarding 18 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:22-vv-00126-UNJ Document 22 Filed 12/30/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0126V
UNPUBLISHED
ANNE ROSENTHAL, Chief Special Master Corcoran
Petitioner, Filed: November 29, 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.
Mark Kim Hellie, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On February 8, 2022, Anne Rosenthal 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 from Guillain-Barré syndrome (“GBS”)
as a result of an influenza (“flu”) vaccine she received on September 19, 2019. Petition
at 1. Petitioner further alleges that she suffered the residual effects of her injury for more
than six months. Petition at 3. The case was assigned to the Special Processing Unit of
the Office of Special Masters.
On November 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)
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-00126-UNJ Document 22 Filed 12/30/22 Page 2 of 2
Report 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’) (citations omitted). With respect to other statutory and jurisdictional issues, the
records show that the case was timely filed, that the vaccine was received in the United
States, and that petitioner satisfies the statutory severity requirement by suffering the
residual effects or complications of her injury for more than six months after vaccine
administration.” Id. at 5. Respondent further states that he “concedes that entitlement in
this case is appropriate under the terms of the Vaccine Act. 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

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DOCUMENT 2: USCOURTS-cofc-1_22-vv-00126-1
Date issued/filed: 2024-10-28
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 09/26/2024) regarding 43 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:22-vv-00126-UNJ Document 47 Filed 10/28/24 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0126V
ANNE ROSENTHAL,
Chief Special Master Corcoran
Petitioner,
v. Filed: September 26, 2024
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Mark Kim Hellie, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On February 8, 2022, Anne Rosenthal 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 from Guillain-Barré syndrome (“GBS”)
as a result of an influenza (“flu”) vaccine she received on September 19, 2019. Petition
at 1. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On November 29, 2022, a ruling on entitlement was issued, finding Petitioner
entitled to compensation. On September 25, 2024, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded a total of $122,377.03
(comprised of $117,500.00 for pain and suffering and $4,877.03 for unreimbursed out-of-
pocket medical expenses). Proffer at 2. In the Proffer, Respondent represented that
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 1:22-vv-00126-UNJ Document 47 Filed 10/28/24 Page 2 of 5
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 $122,377.03 (comprised of $117,500.00 for pain and suffering and
$4,877.03 for unreimbursed out-of-pocket medical 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 1:22-vv-00126-UNJ Document 47 Filed 10/28/24 Page 3 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
ANNE ROSENTHAL,
Petitioner,
Case No. 22-126V (ECF)
v. CHIEF SPECIAL MASTER
CORCORAN
SECRETARY OF HEALTH
AND HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Procedural History
On February 8, 2022, Anne Rosenthal (“petitioner”) filed a petition for
compensation (“Pet.”) under the National Childhood Vaccine Injury Act of 1986,
42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act” or “Act”), as amended. Petitioner alleges
that she suffered from Guillain-Barré syndrome as a result of an influenza (“flu”) vaccine
administered on September 19, 2019. Pet. at 1.
On November 28, 2022, respondent filed his Rule 4(c) Report, conceding
entitlement in this case because petitioner met the criteria to establish a presumptive
Table GBS injury. ECF Doc. No. 17 at 1, 5-6. On November 29, 2022, the Court issued
its Ruling on Entitlement, finding that petitioner was entitled to compensation. ECF Doc.
No. 18.

Case 1:22-vv-00126-UNJ Document 47 Filed 10/28/24 Page 4 of 5
II. Items of Compensation and Form of the Award
Based upon the evidence of record, respondent proffers that petitioner should be
awarded $122,377.03. The award is comprised of the following: $117,500.00 for pain
and suffering and $4,877.03 for unreimbursed out-of-pocket medical expenses. This
amount represents all elements of compensation to which petitioner would be entitled
under 42 U.S.C. § 300aa-15(a) regarding her September 19, 2019, flu vaccination.
Petitioner agrees.1
III. Form of the Award
The parties recommend that compensation provided to petitioner should be made
through a lump sum payment of $122,377.03, in the form of a check payable to
petitioner. Petitioner agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this
case.
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
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 medical expenses, future lost earnings, and future pain and suffering.
2

Case 1:22-vv-00126-UNJ Document 47 Filed 10/28/24 Page 5 of 5
TRACI R. PATTON
Assistant Director
Torts Branch, Civil Division
s/ Mark K. Hellie
MARK K. HELLIE
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Benjamin Franklin Station
Washington, D.C. 20044-0146
T: (202) 616-4208
E: mark.hellie@usdoj.gov
DATED: September 25, 2024
3