VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00519
Package ID: USCOURTS-cofc-1_22-vv-00519
Petitioner: Marilyn Hartogh
Filed: 2022-05-11
Decided: 2023-04-20
Vaccine: influenza (flu)
Vaccination date: 2019-09-16
Condition: Guillain-Barré Syndrome (GBS)
Outcome: compensated
Award amount USD: 175000

AI-assisted case summary:
Marilyn Hartogh filed a petition for compensation under the National Vaccine Injury Compensation Program on May 11, 2022, alleging she suffered Guillain-Barré Syndrome (GBS) after receiving an influenza vaccine on September 16, 2019. She claimed her GBS met the Table definition and resulted in residual effects for more than six months. The respondent filed a Rule 4(c) report conceding entitlement, stating that the petitioner suffered GBS following a flu vaccine within the Table time period and that there was no evidence of an unrelated cause. Based on the respondent's concession and the record, a ruling on entitlement was issued on January 10, 2023, finding Ms. Hartogh entitled to compensation. Subsequently, on March 20, 2023, the respondent submitted a proffer recommending an award of $175,000.00 for pain and suffering, which the petitioner agreed to. The decision dated April 20, 2023, awarded Ms. Hartogh a lump sum payment of $175,000.00 for pain and suffering.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00519-0
Date issued/filed: 2023-02-10
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/10/2023) regarding 20 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:22-vv-00519-UNJ Document 23 Filed 02/10/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0519V
UNPUBLISHED
MARILYN HARTOGH, Chief Special Master Corcoran
Petitioner, Filed: January 10, 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.
Christine Mary Becer, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On May 11, 2022, Marilyn Hartogh 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”)
which meets the Table definition for GBS, after receiving an influenza (“flu”) vaccine on
September 16, 2019. Petition at 1 ¶ 1. Petitioner also alleges that she suffered the
residual effects of her GBS for more than six months and that neither she nor any other
party has filed a civil action or received compensation for her GBS. Id. at ¶¶ 11-13. 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-00519-UNJ Document 23 Filed 02/10/23 Page 2 of 2
On January 6, 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 believes “that [P]etitioner suffered GBS following a flu vaccine
within the Table time period, and there is not a preponderance of the medical evidence
that [P]etitioner’s GBS was due to a factor unrelated to the vaccination.” Id. at 6.
Respondent adds that “based on the record as it now stands, compensation is
appropriate, as [P]etitioner has satisfied all legal prerequisites for compensation under
the Act.” 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

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DOCUMENT 2: USCOURTS-cofc-1_22-vv-00519-1
Date issued/filed: 2023-04-20
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 03/20/2023) regarding 26 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:22-vv-00519-UNJ Document 30 Filed 04/20/23 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0519V
UNPUBLISHED
MARILYN HARTOGH, Chief Special Master Corcoran
Petitioner, Filed: March 20, 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.
Christine Mary Becer, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On May 11, 2022, Marilyn Hartogh 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”)
which meets the Table definition for GBS, after receiving an influenza (“flu”) vaccine on
September 16, 2019. Petition at 1 ¶ 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On January 10, 2023, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for her GBS. On March 20, 2023, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $175,000.00,
representing compensation for her pain and suffering. Proffer at 1. In the Proffer,
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-00519-UNJ Document 30 Filed 04/20/23 Page 2 of 4
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 $175,000.00, representing compensation for her 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-00519-UNJ Document 30 Filed 04/20/23 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
MARILYN HARTOGH, )
)
Petitioner, )
) No. 22-519V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Procedural History
On May 11, 2022, Marilyn Hartogh (“petitioner”) filed a petition for compensation under
the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to 34 (“Vaccine Act”
or “Act”), alleging that she suffered Guillain-Barré Syndrome (“GBS”), as defined in the Vaccine
Injury Table, following administration of an influenza (“flu”) vaccine on September 16, 2019.
Petition at 1. On January 6, 2023, respondent filed his Rule 4(c) report conceding entitlement.
ECF No. 17. On January 10, 2023, Chief Special Master Corcoran issued an entitlement ruling
in favor of petitioner. See Ruling on Entitlement (ECF No. 20).
II. Items of Compensation
Respondent proffers that petitioner should be awarded $175,000.00 for pain and
suffering.
This amount represents all elements of compensation to which petitioner is entitled under
42 U.S.C. § 300aa-15(a). Petitioner agrees.

Case 1:22-vv-00519-UNJ Document 30 Filed 04/20/23 Page 4 of 4
III. 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 $175,000.00, in the form of
a check payable to petitioner.
IV. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Marilyn Hartogh: $175,000.00
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
LARA A. ENGLUND
Assistant Director
Torts Branch, Civil Division
s/Christine Mary Becer
CHRISTINE MARY BECER
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) 616-3665
DATED: March 20, 2023
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 pain and
suffering.
2