VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-01259 Package ID: USCOURTS-cofc-1_22-vv-01259 Petitioner: Dennis Eckert Filed: 2022-09-08 Decided: 2024-01-29 Vaccine: influenza Vaccination date: 2019-10-30 Condition: Guillain-Barré Syndrome Outcome: compensated Award amount USD: 128387 AI-assisted case summary: Dennis Eckert filed a petition for compensation under the National Vaccine Injury Compensation Program alleging injury from a flu vaccine administered on October 30, 2019. Initially, the petition also included a claim related to a Prevnar-13 vaccine. The respondent conceded that Mr. Eckert was entitled to compensation based on a Table flu/Guillain-Barré Syndrome (GBS) claim, while denying that the Prevnar-13 vaccine could cause GBS. Mr. Eckert later amended his petition to pursue only the flu vaccine claim. A ruling on entitlement was issued on December 18, 2023, finding Mr. Eckert entitled to compensation for a Table flu/GBS injury. Subsequently, on December 20, 2023, the respondent filed a proffer proposing an award of $128,387.79, which included $125,000.00 for pain and suffering and $3,387.79 for past unreimbursable expenses. Mr. Eckert agreed with this proposed award. The Chief Special Master issued a decision awarding damages on January 29, 2024, granting the lump sum payment of $128,387.79 to Mr. Eckert. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_22-vv-01259-0 Date issued/filed: 2024-01-19 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 12/18/2023) regarding 36 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-01259-UNJ Document 45 Filed 01/19/24 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1259V DENNIS ECKERT, Chief Special Master Corcoran Petitioner, Filed: December 18, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Anne Carrion Toale, Maglio Christopher & Toale, PA, Sarasota, FL, for Petitioner. Tyler King, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On September 8, 2022, Dennis Eckert filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). In that petition, Petitioner requested compensation “for injuries resulting from adverse effects of a vaccination or vaccinations covered by 42 U.S.C. § 300aa-10, et seq.” Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On June 26, 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 determined that Petitioner has satisfied the criteria set forth in 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-01259-UNJ Document 45 Filed 01/19/24 Page 2 of 2 the Vaccine Injury Table and the Qualifications and Aids to Interpretation. Id. at 11. In conceding entitlement to compensation, Respondent clarifies that he denies that the Prevnar-13 vaccine can cause GBS, and his recommendation that compensation be awarded is based solely upon Petitioner’s Table flu/GBS claim. Id. at 1, n. 1. A telephonic status conference was held on September 20, 2023, to discuss how to proceed in light of Respondent’s position. The parties decided to continue settlement/ damages discussions, and Petitioner would determine at a later time whether will amend the petition with a proffer to follow, or whether the parties will ultimately continue in litigative risk/settlement discussions with a stipulation to follow. On December 11, 2023, Petitioner counsel emailed the OSM staff attorney managing this case stating that Petitioner agreed to resolve this case with Respondent’s proffer and would file an amended petition forgoing the Prevnar claim. On December 12, 2023, Petitioner filed an amended petition stating “On October 30, 2019, Petitioner received a flu vaccination in his right deltoid. Ex. 1 at 6-7. This claim is brought for this vaccination.” Amended Petition at 1. In view of Respondent’s position in the June 26, 2024 Respondent’s Report, 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-01259-cl-extra-10736424 Date issued/filed: 2024-01-19 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10269834 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1259V DENNIS ECKERT, Chief Special Master Corcoran Petitioner, Filed: December 18, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Anne Carrion Toale, Maglio Christopher & Toale, PA, Sarasota, FL, for Petitioner. Tyler King, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On September 8, 2022, Dennis Eckert filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). In that petition, Petitioner requested compensation “for injuries resulting from adverse effects of a vaccination or vaccinations covered by 42 U.S.C. § 300aa-10, et seq.” Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On June 26, 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 determined that Petitioner has satisfied the criteria set forth in 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). the Vaccine Injury Table and the Qualifications and Aids to Interpretation. Id. at 11. In conceding entitlement to compensation, Respondent clarifies that he denies that the Prevnar-13 vaccine can cause GBS, and his recommendation that compensation be awarded is based solely upon Petitioner’s Table flu/GBS claim. Id. at 1, n. 1. A telephonic status conference was held on September 20, 2023, to discuss how to proceed in light of Respondent’s position. The parties decided to continue settlement/ damages discussions, and Petitioner would determine at a later time whether will amend the petition with a proffer to follow, or whether the parties will ultimately continue in litigative risk/settlement discussions with a stipulation to follow. On December 11, 2023, Petitioner counsel emailed the OSM staff attorney managing this case stating that Petitioner agreed to resolve this case with Respondent’s proffer and would file an amended petition forgoing the Prevnar claim. On December 12, 2023, Petitioner filed an amended petition stating “On October 30, 2019, Petitioner received a flu vaccination in his right deltoid. Ex. 1 at 6-7. This claim is brought for this vaccination.” Amended Petition at 1. In view of Respondent’s position in the June 26, 2024 Respondent’s Report, 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 3: USCOURTS-cofc-1_22-vv-01259-1 Date issued/filed: 2024-01-29 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 12/29/2023) regarding 38 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-01259-UNJ Document 46 Filed 01/29/24 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1259V DENNIS ECKERT, Chief Special Master Corcoran Petitioner, Filed: December 29, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Catherine Wallace Costigan, Maglio Christopher & Toale, Washington, DC, for Petitioner. Tyler King, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On September 8, 2022, Dennis Eckert filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). In that petition, Petitioner requested compensation “for injuries resulting from adverse effects of a vaccination or vaccinations covered by 42 U.S.C. § 300aa-10, et seq.” Petition at 1.The case was assigned to the Special Processing Unit of the Office of Special Masters. On December 18, 2023, a ruling on entitlement was issued, finding Petitioner entitled to compensation for Guillain Barré Syndrome. On December 20, 2023, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $128,387.79, including $125,000.00 in pain and suffering, and 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-01259-UNJ Document 46 Filed 01/29/24 Page 2 of 5 $3,387.79 for past unreimbursable expenses. Proffer at 2. In the Proffer, 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 $128,387.79, including $125,000.00 in pain and suffering, and $3,387.79 for past unreimbursable 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 Case 1:22-vv-01259-UNJ Document 46 Filed 01/29/24 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS DENNIS ECKERT, Petitioner, v. No. 22-1259V Chief Special Master Corcoran SECRETARY OF HEALTH AND ECF HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION1 I. Procedural History On September 8, 2022, Dennis Eckert (“petitioner”) filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986, as amended (“the Vaccine Act” or “the Act”), 42 U.S.C. §§ 300aa-1 to -34. Petitioner alleged that he suffered Guillain-Barré Syndrome (“GBS”) as a result of an influenza (“flu”) vaccine administered to him on October 30, 2019, and a Prevnar-13 vaccine administered on November 26, 2019. Petition at 1. On June 26, 2023, respondent filed his Vaccine Rule 4(c) report, respondent specifically denied that the Prevnar-13 vaccine can cause GBS or did so in this case. ECF No. 15. Respondent’s recommendation that compensation be awarded was based solely upon petitioner’s Table flu/GBS claim. Id. On December 12, 2023, petitioner filed an amended petition, alleging that he suffered GBS solely as a result of a flu vaccine administered to him on October 30, 2019. Amended Petition at 1. On December 18, 2023, the Chief Special Master issued a ruling on entitlement, finding 1 This Proffer does not include attorneys’ fees and costs, which the parties intend to address after the Damages Decision is issued. 1 Case 1:22-vv-01259-UNJ Document 46 Filed 01/29/24 Page 4 of 5 that petitioner was entitled to compensation for a flu/GBS Table injury. ECF No. 36. II. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $125,000.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. B. Past Unreimbursable Expenses Evidence supplied by petitioner documents that she incurred past unreimbursable expenses related to her vaccine-related injury. Respondent proffers that petitioner should be awarded past unreimbursable expenses in the amount of $3,387.79. See 42 U.S.C. § 300aa- 15(a)(1)(B). Petitioner agrees. These amounts represent all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. 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 following2: a lump sum payment of $128,387.79, in the form of a check payable to petitioner. IV. Summary of Recommended Payments Following Judgment Lump sum payable to petitioner, Dennis Eckert: $128,387.79 2 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 Case 1:22-vv-01259-UNJ Document 46 Filed 01/29/24 Page 5 of 5 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 COLLEEN C. HARTLEY Assistant Director Torts Branch, Civil Division /s/ Tyler C. King TYLER C. KING 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) 305-0730 Tyler.King@usdoj.gov Dated: December 20, 2023 3 ================================================================================ DOCUMENT 4: USCOURTS-cofc-1_22-vv-01259-cl-extra-10736352 Date issued/filed: 2024-01-29 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10269762 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1259V DENNIS ECKERT, Chief Special Master Corcoran Petitioner, Filed: December 29, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Catherine Wallace Costigan, Maglio Christopher & Toale, Washington, DC, for Petitioner. Tyler King, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On September 8, 2022, Dennis Eckert filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). In that petition, Petitioner requested compensation “for injuries resulting from adverse effects of a vaccination or vaccinations covered by 42 U.S.C. § 300aa-10, et seq.” Petition at 1.The case was assigned to the Special Processing Unit of the Office of Special Masters. On December 18, 2023, a ruling on entitlement was issued, finding Petitioner entitled to compensation for Guillain Barré Syndrome. On December 20, 2023, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $128,387.79, including $125,000.00 in pain and suffering, and 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). $3,387.79 for past unreimbursable expenses. Proffer at 2. In the Proffer, 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 $128,387.79, including $125,000.00 in pain and suffering, and $3,387.79 for past unreimbursable 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 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS DENNIS ECKERT, Petitioner, v. No. 22-1259V Chief Special Master Corcoran SECRETARY OF HEALTH AND ECF HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION1 I. Procedural History On September 8, 2022, Dennis Eckert (“petitioner”) filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986, as amended (“the Vaccine Act” or “the Act”), 42 U.S.C. §§ 300aa-1 to -34. Petitioner alleged that he suffered Guillain-Barré Syndrome (“GBS”) as a result of an influenza (“flu”) vaccine administered to him on October 30, 2019, and a Prevnar-13 vaccine administered on November 26, 2019. Petition at 1. On June 26, 2023, respondent filed his Vaccine Rule 4(c) report, respondent specifically denied that the Prevnar-13 vaccine can cause GBS or did so in this case. ECF No. 15. Respondent’s recommendation that compensation be awarded was based solely upon petitioner’s Table flu/GBS claim. Id. On December 12, 2023, petitioner filed an amended petition, alleging that he suffered GBS solely as a result of a flu vaccine administered to him on October 30, 2019. Amended Petition at 1. On December 18, 2023, the Chief Special Master issued a ruling on entitlement, finding 1 This Proffer does not include attorneys’ fees and costs, which the parties intend to address after the Damages Decision is issued. 1 that petitioner was entitled to compensation for a flu/GBS Table injury. ECF No. 36. II. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $125,000.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. B. Past Unreimbursable Expenses Evidence supplied by petitioner documents that she incurred past unreimbursable expenses related to her vaccine-related injury. Respondent proffers that petitioner should be awarded past unreimbursable expenses in the amount of $3,387.79. See 42 U.S.C. § 300aa- 15(a)(1)(B). Petitioner agrees. These amounts represent all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. 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 following2: a lump sum payment of $128,387.79, in the form of a check payable to petitioner. IV. Summary of Recommended Payments Following Judgment Lump sum payable to petitioner, Dennis Eckert: $128,387.79 2 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 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 COLLEEN C. HARTLEY Assistant Director Torts Branch, Civil Division /s/ Tyler C. King TYLER C. KING 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) 305-0730 Tyler.King@usdoj.gov Dated: December 20, 2023 3