VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00763 Package ID: USCOURTS-cofc-1_22-vv-00763 Petitioner: Melissa McCall Filed: 2022-07-13 Decided: 2025-01-17 Vaccine: influenza Vaccination date: 2019-11-14 Condition: Guillain-Barré syndrome Outcome: compensated Award amount USD: 177170 AI-assisted case summary: Melissa McCall filed a petition under the National Vaccine Injury Compensation Program on July 13, 2022, alleging that she suffered from Guillain-Barré syndrome (GBS) as a result of an influenza vaccine administered on November 14, 2019. The respondent, the Secretary of Health and Human Services, filed a combined Rule 4(c) Report and Proffer on January 17, 2025, conceding that Petitioner is entitled to compensation. The respondent agreed that Petitioner met the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation for GBS following a seasonal flu vaccine. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on January 17, 2025, finding Petitioner entitled to compensation. Subsequently, on January 17, 2025, Chief Special Master Corcoran issued a Decision on Damages, awarding compensation based on the terms stated in the proffer. The award included a lump sum of $120,000.00 for pain and suffering, to be paid via ACH deposit to Petitioner's counsel for disbursement. Additionally, a lump sum payment of $57,170.14 was awarded to satisfy a State of Maryland Medicaid lien, in the form of a check payable to Petitioner and Johns Hopkins Health System/Priority Partners, to be sent to Eugene A. Seidel, P.A. Petitioner agreed to endorse this check for satisfaction of the lien. These amounts represent compensation for all damages available under Section 15(a) of the Vaccine Act. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses involved in this case. Joseph Alexander Vuckovich of Maglio Christopher & Toale, PA represented the Petitioner, and Felicia Langel of the U.S. Department of Justice represented the Respondent. Theory of causation field: Petitioner Melissa McCall alleged that she suffered from Guillain-Barré syndrome (GBS) as a result of an influenza vaccine received on November 14, 2019. The Respondent conceded that Petitioner's GBS was a Table injury and that she met the criteria for compensation under the National Vaccine Injury Compensation Program. The case proceeded as a Table claim, with the Respondent agreeing that Petitioner satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation for GBS following a seasonal flu vaccine. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement and a Decision on Damages on January 17, 2025. The award included $120,000.00 for pain and suffering and $57,170.14 to satisfy a State of Maryland Medicaid lien. The public text does not detail the specific mechanism of injury, expert testimony, or other clinical facts beyond the diagnosis of GBS and its classification as a Table injury. Petitioner was represented by Joseph Alexander Vuckovich, and Respondent by Felicia Langel. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_22-vv-00763-0 Date issued/filed: 2025-02-18 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 01/17/2025) regarding 42 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-00763-UNJ Document 50 Filed 02/18/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-0763V MELISSA MCCALL, Chief Special Master Corcoran Petitioner, v. Filed: January 17, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Joseph Alexander Vuckovich, Maglio Christopher & Toale, PA, Washington, DC, for Petitioner. Felicia Langel, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On July 13, 2022, Melissa McCall filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”), alleging that she suffered from Guillain-Barré syndrome (“GBS”), a Table injury, as a result of an influenza (“flu”) vaccine administered on November 14, 2019. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On January 17, 2025, Respondent filed a combined Rule 4(c) Report and Proffer, in which he concedes that Petitioner is entitled to compensation in this case. Rule 4(c) Report and Proffer at 1. Specifically, Respondent agrees that Petitioner has satisfied the criteria set forth in the effective Vaccine Injury Table (“Table”) and the Qualifications and 1 Because this unpublished 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-00763-UNJ Document 50 Filed 02/18/25 Page 2 of 2 Aids to Interpretation (“QAI”) for GBS after a seasonal flu vaccine. Id. at 3 (citing 42 C.F.R. §§ 100.3(a)(XIV)(D), (c)(15)). In view of Respondent’s position and the evidence of record, I find that Petitioners are 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-00763-1 Date issued/filed: 2025-02-18 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 01/17/2025) regarding 43 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-00763-UNJ Document 51 Filed 02/18/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-0763V MELISSA MCCALL, Chief Special Master Corcoran Petitioner, v. Filed: January 17, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Joseph Alexander Vuckovich, Maglio Christopher & Toale, PA, Washington, DC, for Petitioner. Felicia Langel, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON DAMAGES1 On July 13, 2022, Melissa McCall filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”), alleging that she suffered from Guillain-Barré syndrome (“GBS”), a Table injury, as a result of an influenza (“flu”) vaccine administered on November 14, 2019. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On January 17, 2025, Respondent filed a combined Rule 4(c) Report and Proffer, in which he concedes that Petitioner is entitled to compensation in this case. Rule 4(c) Report and Proffer at 1, 3. That same day, I issued a Ruling on Entitlement. 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-00763-UNJ Document 51 Filed 02/18/25 Page 2 of 2 Respondent represents that Petitioner agrees to his proffer on an award of compensation. Respondent’s Rule 4(c) Report and Proffer at 4. 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 combined Rule 4(c) Report and Proffer,3 I award the following compensation: A. A lump sum of $120,000.00 (for pain and suffering) to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner. B. A lump sum payment of $57,170.14, representing compensation for satisfaction of the State of Maryland Medicaid lien, in the form of a check payable to Petitioner and: Johns Hopkins Health System/ Priority Partners Re: Policy No. 00078633701 C/o Eugene A. Seidel, P.A. 107 Sudbrook Lane Baltimore, MD 21208 Petitioner agrees to endorse the check to Johns Hopkins Health System/ Priority Partners for satisfaction of the Medicaid lien. Respondent’s Rule 4(c) Report and Proffer at 5. These amounts represent compensation for all damages that would be available under Section 15(a). Id. The Clerk of Court is directed to enter judgment in accordance with this decision.4 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 Because the combined Rule 4(c) Report and Proffer contains information regarding Petitioner’s personal medical history, which is not generally included in a Proffer when separately filed, it is not attached hereto. 4 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