VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00343 Package ID: USCOURTS-cofc-1_22-vv-00343 Petitioner: Ronald Iverson Filed: 2022-03-30 Decided: 2023-06-02 Vaccine: influenza Vaccination date: 2020-09-25 Condition: Guillain-Barre Syndrome (GBS) Outcome: compensated Award amount USD: 105616 AI-assisted case summary: Ronald Iverson filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered Guillain-Barre Syndrome (GBS) as a result of his influenza vaccination on September 25, 2020. The case was assigned to the Special Processing Unit of the Office of Special Masters. Respondent filed a Rule 4(c) Report and Proffer of Compensation, conceding that Mr. Iverson is entitled to compensation. Respondent indicated that Mr. Iverson satisfied the criteria set forth in the Vaccine Injury Table for GBS, which affords a presumption of causation if onset occurs between three and forty-two days after a seasonal flu vaccination and there is no apparent alternative cause. Respondent also agreed that the case was timely filed, the vaccine was received in the United States, and Mr. Iverson met the statutory severity requirement by suffering residual effects for more than six months. Based on the concession, the Chief Special Master found Mr. Iverson entitled to compensation. Subsequently, a decision awarding damages was issued. Respondent proffered an award of $105,616.40, representing $105,000.00 for pain and suffering and $616.40 for unreimbursed expenses, to which Mr. Iverson agreed. The Chief Special Master awarded Mr. Iverson the proffered lump sum payment. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_22-vv-00343-0 Date issued/filed: 2023-05-30 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 04/28/2023) regarding 42 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-00343-UNJ Document 47 Filed 05/30/23 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-343V UNPUBLISHED RONALD IVERSON, Chief Special Master Corcoran Petitioner, Filed: April 28, 2023 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on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. Kathleen Margaret Loucks, Lommen Abdo Law Firm, Minneapolis, MN, for Petitioner. Sarah Black Rifkin, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On March 30, 2022, Ronald Iverson 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 a Table injury – Guillain-Barre Syndrome (“GBS”) – as a result of his September 25, 2020 influneza (“flu”) vaccination. Petition at ¶¶ 1-2. Petitioner further alleges that he received the vaccine within the United States, that he suffered the residual effects of his injury for more than six months, and that he has never filed a civil action or received compensation for his injury. See Petition at ¶¶ 1, 4, 13. The case was assigned to the Special Processing Unit of the Office of Special Masters. 1 Because this Ruling 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 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 (2018). Case 1:22-vv-00343-UNJ Document 47 Filed 05/30/23 Page 2 of 2 On April 28, 2023, Respondent filed his Rule 4(c) Report and Proffer of Compensation in which he concedes that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report and Proffer of Compensation at 1. Specifically, Respondent indicates that [P]etitioner has satisfied the criteria set forth in the revised Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation (“QAI”), which afford [P]etitioner 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 4-5 (citing 42 C.F.R. § 100.3(a)(XIV)(D), (c)(15)). Respondent further agrees that the records show 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. Id. (citing § 11(c)(1)(D)(i)). 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-00343-1 Date issued/filed: 2023-06-02 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 04/28/2023) regarding 43 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-00343-UNJ Document 48 Filed 06/02/23 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-343V UNPUBLISHED RONALD IVERSON, Chief Special Master Corcoran Petitioner, Filed: April 28, 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. Kathleen Margaret Loucks, Lommen Abdo Law Firm, Minneapolis, MN, for Petitioner. Sarah Black Rifkin, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On March 30, 2022, Ronald Iverson 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 a Table injury – Guillain-Barre Syndrome (“GBS”) – as a result of his September 25, 2020 influneza (“flu”) vaccination. Petition at ¶¶ 1-2. The case was assigned to the Special Processing Unit of the Office of Special Masters. On April 28, 2023, a ruling on entitlement was issued, finding Petitioner entitled to compensation for GBS. On April 28, 2023, Respondent filed a Rule 4(c) Report and Proffer of Compensation (“Proffer”) indicating Petitioner should be awarded $105,616.40 (representing $105,000.00 for pain and suffering and $616.40 for unreimbursed expenses). Proffer at 5-6. In the Proffer, Respondent represented that Petitioner agrees 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-00343-UNJ Document 48 Filed 06/02/23 Page 2 of 2 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 Proffer, I award Petitioner a lump sum payment of $105,616.40 (representing $105,000.00 for pain and suffering and $616.40 for unreimbursed 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