VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00203 Package ID: USCOURTS-cofc-1_22-vv-00203 Petitioner: Gregory Mills Filed: 2022-12-09 Decided: 2023-10-12 Vaccine: influenza Vaccination date: 2020-11-23 Condition: Guillain-Barre Syndrome (GBS) Outcome: compensated Award amount USD: 276572 AI-assisted case summary: Gregory Mills, a 60-year-old adult, filed a petition for compensation under the National Vaccine Injury Compensation Program on February 23, 2022, alleging he suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine received on November 23, 2020. Mr. Mills stated that the vaccine was administered in the United States, his injury lasted longer than six months, and he had not received prior compensation for this injury. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on December 8, 2022, conceding that Mr. Mills was entitled to compensation. The respondent agreed that Mr. Mills met the criteria for a Table injury, specifically GBS, which carries a presumption of causation if the onset occurs between three and forty-two days after a seasonal flu vaccination and there is no apparent alternative cause. The respondent also confirmed that the petition was timely filed, the vaccine was received in the United States, and the injury met the statutory severity requirement of lasting more than six months. On December 9, 2022, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding Mr. Mills entitled to compensation. Subsequently, on September 6, 2023, the respondent filed a proffer on the award of compensation, proposing a total award of $276,572.29, which Mr. Mills agreed to. This amount was comprised of $210,000.00 for pain and suffering, $1,736.75 for past unreimbursable expenses, and $64,835.54 for past lost wages. On October 12, 2023, Chief Special Master Brian H. Corcoran issued a decision awarding Mr. Mills the stipulated lump sum of $276,572.29, payable by check to Mr. Mills. Petitioner's counsel was Leah VaSahnja Durant, and respondent's counsel was Parisa Tabassian. Theory of causation field: Petitioner Gregory Mills, age 60, received an influenza vaccine on November 23, 2020, and subsequently developed Guillain-Barre Syndrome (GBS). The respondent conceded entitlement, agreeing that the case met the criteria for a Table injury (GBS) with a presumed causation window of three to forty-two days post-vaccination, provided no alternative cause was apparent. The respondent confirmed timely filing, US administration, and the statutory severity requirement of lasting over six months. The public decision does not describe the specific onset date, symptoms, diagnostic tests, treatments, or expert testimony. Mr. Mills was awarded a lump sum of $276,572.29, consisting of $210,000.00 for pain and suffering, $1,736.75 for past unreimbursable expenses, and $64,835.54 for past lost wages. The decision was issued by Chief Special Master Brian H. Corcoran on October 12, 2023. Petitioner's counsel was Leah VaSahnja Durant, and respondent's counsel was Parisa Tabassian. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_22-vv-00203-0 Date issued/filed: 2023-01-11 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 12/09/2022) regarding 22 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-00203-UNJ Document 24 Filed 01/11/23 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-0203V UNPUBLISHED GREGORY MILLS, Chief Special Master Corcoran Petitioner, Filed: December 9, 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. Parisa Tabassian, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On February 23, 2022, Gregory Mills 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 Guillain-Barre Syndrome (“GBS”) as a result of an influenza (“flu”) vaccine received on November 23, 2020. Petition at 1. Petitioner further alleges that he received the flu vaccine in the United States, his injury lasted longer than six months, and neither Petitioner nor any other party has ever received compensation in the form of an award or settlement for his injury. Petition at ¶¶ 1, 6, 7; Ex. 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-00203-UNJ Document 24 Filed 01/11/23 Page 2 of 2 On December 8, 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 “petitioner has satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation (“QAI”), which afford petitioner a presumption of causation if the onset of GBS occurs between three and forty- two days after a seasonal flu vaccination and there is no apparent alternative cause.” Id. at 6. Respondent further agrees that “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 his injury for more than six months after vaccine administration.” Id. Respondent also notes that Petitioner has averred that he has not filed any other action or received compensation in the form of an award or settlement for his vaccine-related injury. 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 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_22-vv-00203-1 Date issued/filed: 2023-10-12 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 09/07/2023) regarding 34 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-00203-UNJ Document 38 Filed 10/12/23 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-0203V GREGORY MILLS, Chief Special Master Corcoran Petitioner, Filed: September 7, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Parisa Tabassian, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On February 23, 2022, Gregory Mills 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 Guillain-Barre Syndrome (“GBS”) as a result of an influenza (“flu”) vaccine received on November 23, 2020. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On December 9, 2022, a ruling on entitlement was issued, finding Petitioner entitled to compensation for GBS. On September 6, 2023, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $276,572.29. Proffer at 2. In the Proffer, Respondent represented that Petitioner agrees with the 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-00203-UNJ Document 38 Filed 10/12/23 Page 2 of 5 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 $276,572.29 (comprised of $210,000.00 in pain and suffering, $1,736.75 in past unreimbursable expenses, and $64,835.54 in past 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 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-00203-UNJ Document 38 Filed 10/12/23 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS GREGORY MILLS, Petitioner, v. No. 22-203V Chief Special Master Brian H. Corcoran SECRETARY OF HEALTH AND ECF HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On February 23, 2022, Gregory Mills (“petitioner”) 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 that he received an influenza (“flu”) vaccination on November 23, 2020, at sixty years of age, and thereafter suffered from Guillain- Barré syndrome (“GBS”). See Petition. On December 8, 2022, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that this case is appropriate for compensation under the terms of the Act for GBS, and the following day, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 21; ECF No. 22. I. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $210,000.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. 1 Case 1:22-vv-00203-UNJ Document 38 Filed 10/12/23 Page 4 of 5 B. Past Unreimbursable Expenses Evidence supplied by petitioner documents that he incurred past unreimbursable expenses related to his vaccine-related injury. Respondent proffers that petitioner should be awarded past unreimbursable expenses in the amount of $1,736.75. See 42 U.S.C. § 300aa-15(a)(1)(B). Petitioner agrees. C. Lost Wages Evidence supplied by petitioner documents that he incurred past lost wages related to his vaccine-related injury. Respondent proffers that petitioner should be awarded past lost wages in the amount of $64,835.54. See 42 U.S.C. § 300aa-15(a)(3)(A). Petitioner agrees. These amounts represent all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. II. 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 following1: a lump sum payment of $276,572.29, in the form of a check payable to petitioner. III. Summary of Recommended Payments Following Judgment Lump sum payable to petitioner, Gregory Mills: $276,572.29 Respectfully submitted, BRIAN M. BOYNTON Principal Deputy Assistant Attorney General 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, unreimbursed expenses, future lost earnings and future pain and suffering. 2 Case 1:22-vv-00203-UNJ Document 38 Filed 10/12/23 Page 5 of 5 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 s/ PARISA TABASSIAN PARISA TABASSIAN 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) 305-4035 parisa.tabassian@usdoj.gov DATED: September 6, 2023 3