VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00263 Package ID: USCOURTS-cofc-1_22-vv-00263 Petitioner: Lawrence Knight Filed: 2022-03-08 Decided: 2023-06-16 Vaccine: influenza Vaccination date: 2019-09-25 Condition: Guillain-Barré Syndrome (GBS) Outcome: compensated Award amount USD: 160000 AI-assisted case summary: Lawrence Knight filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered Guillain-Barré Syndrome (GBS) as a result of an influenza vaccination received on September 25, 2019. He stated that the vaccination was administered in the United States, his GBS symptoms persisted for more than six months, and he had not filed any other action or received compensation for his injury. Respondent filed a Rule 4(c) report conceding entitlement, determining that Mr. Knight satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation. The respondent also agreed that the case was timely filed, the vaccine was received in the United States, and the statutory severity requirement was met. Based on the concession of entitlement, the court found Mr. Knight entitled to compensation. Subsequently, a decision awarding damages was issued. The parties proffered an award of $160,000.00 for pain and suffering, which the court approved. The award was to be paid as a lump sum in the form of a check payable to Mr. Knight. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_22-vv-00263-0 Date issued/filed: 2023-02-27 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 01/24/2023) regarding 18 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-00263-UNJ Document 21 Filed 02/27/23 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-263V UNPUBLISHED LAWRENCE KNIGHT, Chief Special Master Corcoran Petitioner, Filed: January 24, 2023 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on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. Laura Levenberg, Muller Brazil, LLP, Dresher, PA, for Petitioner. Mark Kim Hellie, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On March 8, 2022, Lawrence Knight 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-Barré Syndrome (GBS) resulting from adverse effects of the influenza vaccination received on September 25, 2019. Petition at 1. Petitioner further alleges that the vaccination was administered within the United States, his GBS symptoms persisted for more than six months, and neither he, nor any other party, has ever filed any action, or received compensation in the form of an award or settlement for Petitioner’s vaccine-related injury. Petition at 1-2. 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-00263-UNJ Document 21 Filed 02/27/23 Page 2 of 2 On December 27, 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 determined that “[P]etitioner has satisfied the criteria set forth in the Vaccine Injury Table (‘Table’) and the Qualifications and Aids to Interpretation (‘QAI’).” Id. at 4. Respondent further agrees that “the case was timely filed, that the vaccine was received in the United States, and that [P]etitioner satisfies the statutory severity requirement by suffering the residual effects or complications of his injury for more than six months after vaccine administration. Petitioner also avers that he has not ‘received an award or settlement for [his] vaccine injuries” and that he has not “filed a civil action.’”. Id. Respondent conceded that entitlement to compensation is appropriate under the terms of the Vaccine Act. 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_22-vv-00263-1 Date issued/filed: 2023-06-16 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 05/15/2023) regarding 24 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-00263-UNJ Document 28 Filed 06/16/23 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-263V UNPUBLISHED LAWRENCE KNIGHT, Chief Special Master Corcoran Petitioner, Filed: May 15, 2023 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Damages Decision Based on Proffer; HUMAN SERVICES, Influenza (Flu) Vaccine; Guillain- Barre Syndrome (GBS) Respondent. Laura Levenberg, Muller Brazil, LLP, Dresher, PA, for Petitioner. Mark Kim Hellie, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On March 8, 2022, Lawrence Knight 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-Barré Syndrome (GBS) resulting from adverse effects of the influenza vaccination received on September 25, 2019. Petition at 1. Petitioner further alleges that the vaccination was administered within the United States, his GBS symptoms persisted for more than six months, and neither he, nor any other party, has ever filed any action, or received compensation in the form of an award or settlement for Petitioner’s vaccine-related injury. Petition at 1-2. The case was assigned to the Special Processing Unit of the Office of Special Masters. On January 24, 2023, a ruling on entitlement was issued, finding Petitioner entitled to compensation for GBS. On May 12, 2023, Respondent filed a proffer on award of 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), 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-00263-UNJ Document 28 Filed 06/16/23 Page 2 of 5 compensation (“Proffer”) indicating Petitioner should be awarded $160,000.00 for pain and suffering. Proffer at 2. In the 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. Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $160,000.00 for pain and suffering 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-00263-UNJ Document 28 Filed 06/16/23 Page 3 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS LAWRENCE KNIGHT, Petitioner, Case No. 22-263V (ECF) v. CHIEF SPECIAL MASTER CORCORAN SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION I. Procedural History On March 8, 2022, Lawrence Knight (“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 he suffered from Guillain-Barré syndrome as a result of an influenza (“flu”) vaccine administered on September 25, 2019. Pet. at 1. On December 27, 2022, respondent filed his Rule 4(c) Report, conceding entitlement in this case. ECF Doc. No. 18 at 1. On January 24, 2023, the Court issued its Ruling on Entitlement, finding that petitioner was entitled to compensation. ECF Doc. No. 18. Case 1:22-vv-00263-UNJ Document 28 Filed 06/16/23 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 $160,000.00. The award is comprised of the following: $160,000.00 for pain and suffering. This amount represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a) regarding his September 25, 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 $160,000.00, 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-00263-UNJ Document 28 Filed 06/16/23 Page 5 of 5 DARRYL R. WISHARD 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: May 12, 2023 3