VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00284 Package ID: USCOURTS-cofc-1_22-vv-00284 Petitioner: Cassie Karpenski Filed: 2022-03-11 Decided: 2023-06-02 Vaccine: influenza Vaccination date: 2020-09-08 Condition: Guillain-Barré syndrome (GBS) Outcome: compensated Award amount USD: 188951 AI-assisted case summary: Cassie Karpenski filed a petition for compensation on March 11, 2022, alleging that she suffered Guillain-Barré syndrome (GBS) as a result of an influenza vaccine she received on September 8, 2020. She further alleged that her injury lasted longer than six months. Respondent filed a Rule 4(c) report conceding that Petitioner is entitled to compensation, stating that she satisfied the criteria set forth in the Vaccine Injury Table for GBS with an onset of symptoms between three and forty-two days following vaccination. Respondent also agreed that the case was timely filed, the vaccine was received in the United States, and the statutory severity requirement was met because the residual effects of her injury continued for more than six months after vaccination. A ruling on entitlement was issued on January 9, 2023, finding Petitioner entitled to compensation. On May 2, 2023, Respondent filed a proffer on award of compensation, recommending a total award of $188,951.71, consisting of $176,500.00 for pain and suffering, $658.75 for unreimbursed medical expenses, and $11,792.96 for lost wages. Petitioner agreed with the proffered award. The Chief Special Master issued a decision awarding Petitioner a lump sum payment of $188,951.71. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_22-vv-00284-0 Date issued/filed: 2023-02-13 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 01/09/2023) regarding 19 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-00284-UNJ Document 22 Filed 02/13/23 Page 1 of 2 CORRECTED In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-0284V UNPUBLISHED CASSIE KARPENSKI, Chief Special Master Corcoran Petitioner, Filed: January 9, 2023 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on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. Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Jennifer A. Shah, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On March 11, 2022, Cassie Karpenski 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 she received on September 8, 2020. Petition at 1. Petitioner further alleges that she suffered the injury for longer than six months. Petition at ¶¶ 3. The case was assigned to the Special Processing Unit of the Office of Special Masters. On January 9, 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 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-00284-UNJ Document 22 Filed 02/13/23 Page 2 of 2 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’) for GBS, with an onset of symptoms from three to forty-two days following flu vaccination...” Id. at 7. Respondent further agrees that “[w]ith respect to other statutory and jurisdictional issues, the records show that the case was timely filed, the vaccine was received in the United States, and petitioner satisfies the statutory severity requirement because the residual effects or complications of her injury continued for more than six months after vaccine administration.” 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-00284-1 Date issued/filed: 2023-06-02 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 05/03/2023) regarding 27 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-00284-UNJ Document 31 Filed 06/02/23 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-0284V UNPUBLISHED CASSIE KARPENSKI, Chief Special Master Corcoran Petitioner, Filed: May 3, 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. Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Jennifer A. Shah, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On March 11, 2022, Cassie Karpenski 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 she received on September 8, 2020. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On January 9, 2023, a ruling on entitlement was issued finding Petitioner entitled to compensation. On May 2, 2023, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded a total of $188,951.71, consisting of $176,500.00 for pain and suffering, $658.75 for unreimbursed medical expenses, and $11,792.96 for lost wages. Proffer at 1. In the Proffer, Respondent represented that 1 Because this unpublished Decision contains a reasoned explanation for the action 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). Case 1:22-vv-00284-UNJ Document 31 Filed 06/02/23 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 $188,951.71 (consisting of $176,500.00 for pain and suffering, $658.75 for unreimbursed medical expenses, and $11,792.96 for 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-00284-UNJ Document 31 Filed 06/02/23 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS CASSIE KARPENSKI, Petitioner, No. 22-284V v. Chief Special Master Corcoran SPU SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On March 11, 2022, petitioner Cassie Karpenski (“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 (“Vaccine Act” or “Act”). Petitioner alleges that she suffered Guillain-Barré Syndrome (“GBS”) as a result of an influenza vaccination administered September 8, 2020. Petition at 1. On January 9, 2023, respondent filed his Vaccine Rule 4(c) report, recommending that compensation be awarded. ECF No. 18. The same day, this Court issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 19. I. Items of Compensation Respondent proffers that petitioner should be awarded $188,951.71, consisting of $176,500.00 for pain and suffering, $658.75 for unreimbursed medical expenses, and $11,792.96 for lost wages. This represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. Case 1:22-vv-00284-UNJ Document 31 Filed 06/02/23 Page 4 of 5 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 $188,951.71, representing compensation for all elements of economic and noneconomic damages, in the form of a check payable to petitioner, Cassie Karpenski. III. Summary of Recommended Payment Following Judgment Lump sum payable to petitioner, Cassie Karpenski: $188,951.71. Respectfully submitted, BRIAN 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 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 lost earnings and future pain and suffering. 2 Case 1:22-vv-00284-UNJ Document 31 Filed 06/02/23 Page 5 of 5 s/ Jennifer A. Shah Jennifer A. Shah 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) 305-2181 Jennifer.shah@usdoj.gov Dated: May 2, 2023 3