VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00481 Package ID: USCOURTS-cofc-1_22-vv-00481 Petitioner: Robert Long Filed: 2022-04-29 Decided: 2025-04-15 Vaccine: influenza Vaccination date: 2019-09-25 Condition: Guillain-Barré syndrome (GBS) Outcome: compensated Award amount USD: 315000 AI-assisted case summary: Robert Long 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 vaccine he received on September 25, 2019. His petition stated that his symptoms persisted for more than six months. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Mr. Long was entitled to compensation. The respondent agreed that Mr. Long satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation for GBS following a flu vaccine, and that there was no evidence of an unrelated factor being the more likely cause of his GBS. Based on the respondent's concession and the evidence, the Chief Special Master found Mr. Long entitled to compensation. Subsequently, the parties filed a joint stipulation agreeing to an award of compensation. The decision on the joint stipulation awarded Mr. Long a lump sum of $315,000.00, representing compensation for all items of damages available under the Vaccine Act. This amount was to be paid through an ACH deposit to his counsel's account for prompt disbursement to Mr. Long. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_22-vv-00481-0 Date issued/filed: 2023-04-26 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 03/27/2023) regarding 23 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-00481-UNJ Document 27 Filed 04/26/23 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-0481V UNPUBLISHED ROBERT LONG, Chief Special Master Corcoran Petitioner, Filed: March 27, 2023 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on Entitlement;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. David Mark O’Dea, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On April 29, 2022, Robert Long 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 an influenza (“flu”) vaccine administered to him on September 25, 2019. Petition at Preamble. Petitioner further alleges that his symptoms persisted for more than six months. Petition at 3. The case was assigned to the Special Processing Unit of the Office of Special Masters. On March 24, 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. Specifically, Respondent states that “petitioner has satisfied the criteria set forth in the 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-00481-UNJ Document 27 Filed 04/26/23 Page 2 of 2 Vaccine Injury Table (‘Table’) and the Qualifications and Aids to Interpretation (‘QAI’) for GBs following flu vaccine.” Id. at 14. Respondent further agrees that “there is not preponderant evidence that a “factor unrelated” was the more likely cause of petitioner’s GBS.” 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-00481-1 Date issued/filed: 2025-04-15 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 03/13/2025) regarding 49 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-00481-UNJ Document 53 Filed 04/15/25 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-0481V ROBERT LONG, Petitioner, Chief Special Master Corcoran v. Filed: March 13, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Laura Levenberg, Muller Brazil, LLP, Dresher, PA, for Petitioner. Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On April 29, 2022, Robert Long 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 from Guillain-Barre Syndrome (“GBS”) as a result of an influenza (“flu”) vaccine he received on September 25, 2019. Petition at Preamble; Stipulation, filed at March 13, 2025, ¶¶ 1-4. Petitioner further alleges that his symptoms persisted for more than six months. Petition at 3; Stipulation at ¶ 4. Respondent agrees that Petitioner is entitled to compensation under the terms of the Vaccine Act for his GBS and states that a decision should be entered awarding the compensation described in Paragraph 8 of the stipulation. Stipulation at ¶ 7. On March 13, 2025, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the stipulation reasonable and adopt it as my decision awarding damages, on the terms set forth therein. 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-00481-UNJ Document 53 Filed 04/15/25 Page 2 of 7 Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $315,000.00, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner. Stipulation at ¶ 8. This amount represents compensation for all items of damages that would be available under Section 15(a). Id. I approve the requested amount for Petitioner’s compensation. In the absence of a motion for review filed pursuant to RCFC Appendix B, 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-00481-UNJ Document 53 Filed 04/15/25 Page 3 of 7 Vinesign Document ID: 8FA59F14-EABF-4F87-B536-06D8E8994EB4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ROBERT LONG, Petitioner, V. No. 22-481V Chief Special Master Corcoran SECRETARY OF HEALTH AND ECF HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: 1. Robert Long ("petitioner") filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to 34 (the "Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt of an influenza ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3(a). 2. Petitioner received a flu vaccine on or about September 25, 2019. 3. The vaccine was administered within the United States. 4. On March 24, 2023, respondent filed his Rule 4(c) report, noting that petitioner sustained the first symptom or manifestation of onset of Guillain-Barre syndrome ("GBS"), within the Table time period following his flu vaccination, and that he experienced the residual effects of his injury for more than six months. 5. There is not a preponderance of evidence demonstrating that petitioner's condition is due to a factor unrelated to vaccination. The signed document can be validated at https://app.vinesign.comNerify Case 1:22-vv-00481-UNJ Document 53 Filed 04/15/25 Page 4 of 7 6. Petitioner represents that there has been no prior award or settlement of a civil action for damages as a result of his condition. 7. Accordingly, petitioner is entitled to compensation under the terms of the Vaccine Act for his GBS. Therefore, a decision should be entered awarding the compensation described in Paragraph 8 of this stipulation. 8. As soon as practicable after an entry ofj udgment reflecting a decision consistent with the terms of this Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-21(a)(l), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of$315,000.00 to be paid through an ACH deposit to petitioner's counsel's IOL TA account for prompt disbursement to petitioner. This amount represents compensation for all damages that would be available under 42 U .S.C. § 300aa-15(a ). 9. As soon as practicable after the entry ofj udgment on entitlement in this case, and after petitioner has filed both a proper and timely election to receive compensation pursuant to 42 U.S.C. § 300aa-2l(a)(l), and an application, the parties will submit to further proceedings before the special master to award reasonable attorneys' fees and costs incurred in proceeding upon this petition. 10. Petitioner and his attorney represent that they have identified to respondent all known sources of payment for items or services for which the Program is not primarily liable under 42 U .S.C. § 300aa-l 5(g), including State compensation programs, insurance policies, Federal or State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C. § 1396 et seq.)), or entities that provide health services on a pre-paid basis. 2 Case 1:22-vv-00481-UNJ Document 53 Filed 04/15/25 Page 5 of 7 11. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i), subject to the availability of sufficient statutory funds. 12. The parties and their attorneys further agree and stipulate that, except for any award for attorneys' fees and litigation costs, and past unreimbursable expenses, the money provided pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a strict construction of 42 U.S.C. § 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-l 5(g) and (h). 13. In return for the payments described in paragraphs 8 and 9, petitioner, in his individual capacity and on behalf of his heirs, executors, administrators, successors and/or assigns, does forever irrevocably and unconditionally release, acquit and discharge the United States and the Secretary of Health and Human Services from any and all actions or causes of action (including agreements,judgments, claims, damages, loss of services, expenses and all demands of whatever kind or nature) that have been brought, could have been brought, or could be timely brought in the Court of Federal Claims, under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 et seq., on account of, or in any way growing out of, any and all known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting from, or alleged to have resulted from, the flu vaccination administered on or about September 25, 2019, as alleged by petitioner in a petition for vaccine compensation filed on or about April 29, 2022, in the United States Court of Federal Claims as petition No. 22- 481 V. 14. If petitioner should die prior to entry ofj udgment, this agreement shall be voidable upon proper notice to the Court on behalf of either or both of the parties. 3 Case 1:22-vv-00481-UNJ Document 53 Filed 04/15/25 Page 6 of 7 15. If the special master fails to issue a decision in complete conformity with the terms of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a decision that is in complete conformity with the terms of this Stipulation, then the parties' settlement and this Stipulation shall be voidable at the sole discretion of either party. 16. This Stipulation expresses a full and complete negotiated settlement ofliability and damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the parties hereto to make any payment or to do any act or thing other than is herein expressly stated and clearly agreed to. The parties further agree and understand that the award described in this Stipulation may reflect a compromise of the parties' respective positions as to liability and/or amount of damages, and further, that a change in the nature of the injury or condition or in the items of compensation sought, is not grounds to modify or revise this agreement. 17. This Stipulation shall not be construed as an admission by the United States or the Secretary of Health and Human Services that the vaccine either caused or significantly aggravated petitioner's alleged injury or any other injury; however, petitioner has satisfied the Table criteria to establish entitlement to compensation for his GBS. 18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns. END OF STIPULATION I I I I I I I I 4 Case 1:22-vv-00481-UNJ Document 53 Filed 04/15/25 Page 7 of 7 Respectfully submitted, PETITIONER: ROBERT LONG A TIORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PETITIONER: OF THE ATTORNEY GENERAL: . -M.!.~~ P& 1 iAe--- ~ LEVENBERG HEATHER L. PEARLMAN MULLER BRAZIL Deputy Director 715 Twining Road, Suite 208 Torts Branch Dresher, PA 19025 Civil Division Tel: (215) 885-1655 U.S. Department of Justice Email: laura@mullerbrazil.com P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETA RY OF HEALTH RESPONDENT: AND HUMAN SERVICES: s. Jeffrey Digitally signed by Jeffrey S. Beach -5 Be ac h - S _ Date: 2025.03.06 09:06:53-05'00' for CAPT GEORGE REED GRIMES, MD, MPH SARAH C. DUNCAN Director, Division of Injury Trial Attorney Compensation Programs Torts Branch Health Systems Bureau Civil Division Health Resources and Services U.S. Department of Justice Administration P.O. Box 146 U.S. Department of Health Benjamin Franklin Station and Human Services Washington, DC 20044-0146 5600 Fishers Lane, 08W-25A (202) 514-9729 Rockville, MD 20857 Sarah.C.Duncan@usdoj.gov Dated: Mo..vc.11') I 3' 2..0VS 1 5