VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00523 Package ID: USCOURTS-cofc-1_22-vv-00523 Petitioner: Genevieve Watson Filed: 2022-05-11 Decided: 2024-02-13 Vaccine: influenza Vaccination date: 2020-11-04 Condition: Guillain-Barre Syndrome (GBS) Outcome: compensated Award amount USD: 135409 AI-assisted case summary: Genevieve Watson filed a petition for compensation under the National Vaccine Injury Compensation Program on May 11, 2022, alleging she developed Guillain-Barre Syndrome (GBS) as a result of an influenza vaccination received on November 4, 2020. The case was assigned to the Special Processing Unit. On February 14, 2023, the Respondent filed a Rule 4(c) report conceding that Petitioner was entitled to compensation, as her GBS was a Table injury with onset between three and forty-two days after the flu vaccination, and there was no apparent alternative cause. A ruling on entitlement was issued on February 14, 2023, finding Petitioner entitled to compensation. On January 11, 2024, Respondent filed a proffer on award of compensation, proposing $132,550.00 for pain and suffering and $50.00 for past unreimbursable expenses, plus $2,859.68 to satisfy a Medicaid lien. Petitioner agreed with the proffered award. The Chief Special Master issued a decision awarding damages on February 13, 2024, granting a total of $135,409.68, comprising $132,550.00 in a lump sum payable to Petitioner and $2,859.68 for the Medicaid lien payable jointly to Petitioner and the Colorado Department of Health Care Policy and Financing. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_22-vv-00523-0 Date issued/filed: 2023-03-20 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 02/14/2023) regarding 20 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-00523-UNJ Document 23 Filed 03/20/23 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-523V UNPUBLISHED GENEVIEVE WATSON, Chief Special Master Corcoran Petitioner, Filed: February 14, 2023 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on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. Benjamin Patrick Warder, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On May 11, 2022, Genevieve Watson 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 from Guillain-Barre Syndrome (“GBS”) as a result of an influenza (“flu”) vaccination she received on November 4, 2020. Petition at 1. Petitioner further alleges that she has suffered from her injury for more than six months. Petition at ¶10. 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-00523-UNJ Document 23 Filed 03/20/23 Page 2 of 2 On February 14, 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 “it is Respondent’s position that Petitioner has satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation, which afford a petitioner a presumption of causation if the onset of GBS occurs between three and forty-two days after receipt of a seasonal flu vaccination, and there is no apparent alternative cause.” Id. at 7. 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-00523-1 Date issued/filed: 2024-02-13 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 01/12/2024) regarding 32 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-00523-UNJ Document 36 Filed 02/13/24 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-0523V GENEVIEVE WATSON, Chief Special Master Corcoran Petitioner, Filed: January 12, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Benjamin Patrick Warder, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On May 11, 2022, Genevieve Watson 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 from Guillain-Barre Syndrome (“GBS”) following an influenza vaccination she received on November 4, 2020. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On February 14, 2023, a ruling on entitlement was issued, finding Petitioner entitled to compensation for her GBS. On January 11, 2024, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $132,550.00, representing $132,500.00 for pain and suffering and $50.00 for past unreimbursable expenses, plus $2,859.68 to satisfy a Medicaid lien. Proffer at 1-2. In the Proffer, Respondent represented that Petitioner agrees with the proffered award. Id. 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-00523-UNJ Document 36 Filed 02/13/24 Page 2 of 5 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 the following: • A lump sum payment of $132,550.00, representing $132,500.00 for pain and suffering and $50.00 for past unreimbursable expenses, in the form of a check payable to Petitioner; and • A lump sum payment of $2,859.68, representing compensation for satisfaction of the State of Colorado Medicaid lien, in the form of a check payable jointly to Petitioner and Colorado Department of Health Care Policy and Financing, Colorado Medical Assistance, Tort and Casualty Recovery Program, 333 W. Hampden Avenue, Suite #425, Englewood, CO 80110, Medicaid ID Number: G311015. These amounts represent 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-00523-UNJ Document 36 Filed 02/13/24 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS __________________________________________ ) GENEVIEVE WATSON, ) ) Petitioner, ) ) No. 22-523V (ECF) v. ) Chief Special Master Corcoran ) SECRETARY OF HEALTH ) AND HUMAN SERVICES, ) ) Respondent. ) __________________________________________) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On May 11, 2022, Genevieve Watson (“petitioner”) filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act”), alleging that she developed Guillain-Barré syndrome (“GBS”), as defined in the Vaccine Injury Table, following administration of an influenza (“flu”) vaccine that she received on November 4, 2020. ECF No. 1 at 1. On February 14, 2023, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) report indicating that this case was appropriate for compensation under the terms of the Vaccine Act for a GBS Table Injury. ECF No. 19. Also on February 14, 2023, the Chief Special Master issued a Ruling on Entitlement finding that petitioner was entitled to compensation. ECF No. 20. I. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $132,500.00 for pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. Case 1:22-vv-00523-UNJ Document 36 Filed 02/13/24 Page 4 of 5 B. Past Unreimbursable Expenses Evidence supplied by petitioner documents that she incurred past unreimbursable expenses pertaining to her vaccine-related injury. Respondent proffers that petitioner should be awarded past unreimbursable expenses in the amount of $50.00. See 42 U.S.C. § 300aa-15(a)(1)(B). Petitioner agrees. C. Medicaid Lien Respondent proffers that petitioner should be awarded funds to satisfy a State of Colorado Medicaid lien in the amount of $2,859.68, which represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action that the State of Colorado may have against any individual as a result of any Medicaid payments that the State of Colorado has made to or on behalf of petitioner from the date of her eligibility for benefits through the date of judgment in this case as a result of her alleged vaccine-related injury suffered on or about November 4, 2020, under Title XIX of the Social Security Act. The above amounts represent all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. 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 be made through two lump sum payments as described below: 1) A lump sum payment of $132,550.00 in the form of a check payable to petitioner.1 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-00523-UNJ Document 36 Filed 02/13/24 Page 5 of 5 2) A lump sum payment of $2,859.68, representing compensation for satisfaction of the State of Colorado Medicaid lien, payable jointly to petitioner and to: Colorado Department of Health Care Policy and Financing Colorado Medical Assistance Tort and Casualty Recovery Program 333 W. Hampden Avenue, Suite #425 Englewood, CO 80110 Medicaid ID Number: G311015 Petitioner agrees to endorse this payment to the Colorado Department of Health Care Policy and Financing for satisfaction of the Medicaid lien. 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 ALEXIS B. BABCOCK Assistant Director Torts Branch, Civil Division /s/ Benjamin P. Warder BENJAMIN P. WARDER Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146, Ben Franklin Station Washington, DC 20044-0146 Telephone: (202) 532-5464 DATE: January 11, 2024 Email: Benjamin.P.Warder@usdoj.gov 3