VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-01615 Package ID: USCOURTS-cofc-1_22-vv-01615 Petitioner: Alpha Patrick Filed: 2024-01-04 Decided: 2024-09-16 Vaccine: influenza Vaccination date: 2020-09-28 Condition: Guillain-Barre Syndrome Outcome: compensated Award amount USD: 175000 AI-assisted case summary: Alpha Patrick filed a petition for compensation under the National Vaccine Injury Compensation Program alleging she suffered Guillain-Barre Syndrome (GBS) following an influenza vaccination on September 28, 2020. The petition was filed on January 4, 2024. Respondent conceded that Petitioner is entitled to compensation, finding that she satisfied the criteria set forth in the Vaccine Injury Table for GBS following a flu vaccination. A ruling on entitlement was issued on January 4, 2024, finding Petitioner entitled to compensation. Subsequently, on August 14, 2024, Respondent filed a proffer on award of compensation, indicating that Petitioner should be awarded $175,000.00. Petitioner agreed with this proffered award. The Chief Special Master issued a Decision Awarding Damages on September 16, 2024, awarding Alpha Patrick a lump sum payment of $175,000.00, representing compensation for all damages available under the Act, including pain and suffering. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_22-vv-01615-0 Date issued/filed: 2024-02-05 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 01/04/2024) regarding 40 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-01615-UNJ Document 43 Filed 02/05/24 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1615V ALPHA PATRICK, Chief Special Master Corcoran Petitioner, Filed: January 4, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Celia Farrar Hastings, Milberg Coleman Bryson Phillips Grossman, Knoxville, TN, for Petitioner. Ryan Pohlman Miller, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On October 28, 2022, Alpha Patrick 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 (“flu”) vaccination on September 28, 2020. Petition at 1. Petitioner further alleges that the vaccine was administered within the United States, that she suffered the residual effects of her injury for more than six months, and that there has been no award or settlement on her behalf related to her injury. Petition at 1, 3. The case was assigned to the Special Processing Unit of the Office of Special Masters. 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-01615-UNJ Document 43 Filed 02/05/24 Page 2 of 2 On December 29, 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 has concluded that Petitioner has satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation for GBS following a flu vaccination. Id. at 8-9. 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-01615-cl-extra-10736266 Date issued/filed: 2024-02-05 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10269676 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1615V ALPHA PATRICK, Chief Special Master Corcoran Petitioner, Filed: January 4, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Celia Farrar Hastings, Milberg Coleman Bryson Phillips Grossman, Knoxville, TN, for Petitioner. Ryan Pohlman Miller, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On October 28, 2022, Alpha Patrick 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 (“flu”) vaccination on September 28, 2020. Petition at 1. Petitioner further alleges that the vaccine was administered within the United States, that she suffered the residual effects of her injury for more than six months, and that there has been no award or settlement on her behalf related to her injury. Petition at 1, 3. The case was assigned to the Special Processing Unit of the Office of Special Masters. 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). On December 29, 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 has concluded that Petitioner has satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation for GBS following a flu vaccination. Id. at 8-9. 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 3: USCOURTS-cofc-1_22-vv-01615-1 Date issued/filed: 2024-09-16 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 08/14/2024) regarding 51 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-01615-UNJ Document 53 Filed 09/16/24 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1615V ALPHA PATRICK, Chief Special Master Corcoran Petitioner, Filed: August 14, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Celia Farrar Hastings, Milberg Coleman Bryson Phillips Grossman, Knoxville, TN, for Petitioner. Ryan Pohlman Miller, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On October 28, 2022, Alpha Patrick 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-Barre syndrome (“GBS”) as a result of an influenza vaccine administered on September 28, 2020. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On January 4, 2024, a ruling on entitlement was issued, finding Petitioner entitled to compensation for GBS. On August 14, 2024, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $175,000.00. Proffer at 1-2. 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. 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-01615-UNJ Document 53 Filed 09/16/24 Page 2 of 5 Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $175,000.00 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-01615-UNJ Document 53 Filed 09/16/24 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ALPHA PATRICK, Petitioner, Case No. 22-1615V (SPU) v. Chief Special Master Corcoran ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On October 28, 2022, Alpha Patrick (“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”), as amended, alleging that that she suffered Guillain-Barré Syndrome (“GBS”) as a result of an influenza (“flu”) vaccination administered to her on September 28, 2020. See Petition. On December 29, 2023, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that this case is appropriate for compensation under the terms of the Act for a GBS Table injury, ECF No. 38, and on January 4, 2024, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation, ECF No. 40. I. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $175,000.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. Case 1:22-vv-01615-UNJ Document 53 Filed 09/16/24 Page 4 of 5 This amount represents all elements of compensation to which petitioner is 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 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 the petitioner. III. Summary of Recommended Payment Following Judgment Lump sum payable to the petitioner, Alpha Patrick: $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 1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court for appropriate relief. 2 Case 1:22-vv-01615-UNJ Document 53 Filed 09/16/24 Page 5 of 5 JULIA M. COLLISON Assistant Director Torts Branch, Civil Division /s/ Ryan Pohlman Miller RYAN POHLMAN MILLER Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146, Ben Franklin Station Washington, D.C. 20044-0146 Tel: (202) 305-3027 Email: ryan.miller2@usdoj.gov Date: August 14, 2024 3 ================================================================================ DOCUMENT 4: USCOURTS-cofc-1_22-vv-01615-cl-extra-10734228 Date issued/filed: 2024-09-16 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10267638 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1615V ALPHA PATRICK, Chief Special Master Corcoran Petitioner, Filed: August 14, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Celia Farrar Hastings, Milberg Coleman Bryson Phillips Grossman, Knoxville, TN, for Petitioner. Ryan Pohlman Miller, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES 1 On October 28, 2022, Alpha Patrick 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-Barre syndrome (“GBS”) as a result of an influenza vaccine administered on September 28, 2020. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On January 4, 2024, a ruling on entitlement was issued, finding Petitioner entitled to compensation for GBS. On August 14, 2024, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $175,000.00. Proffer at 1-2. 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. 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). Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $175,000.00 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 ALPHA PATRICK, Petitioner, Case No. 22-1615V (SPU) v. Chief Special Master Corcoran ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On October 28, 2022, Alpha Patrick (“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”), as amended, alleging that that she suffered Guillain-Barré Syndrome (“GBS”) as a result of an influenza (“flu”) vaccination administered to her on September 28, 2020. See Petition. On December 29, 2023, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that this case is appropriate for compensation under the terms of the Act for a GBS Table injury, ECF No. 38, and on January 4, 2024, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation, ECF No. 40. I. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $175,000.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. This amount represents all elements of compensation to which petitioner is 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 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 the petitioner. III. Summary of Recommended Payment Following Judgment Lump sum payable to the petitioner, Alpha Patrick: $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 1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court for appropriate relief. 2 JULIA M. COLLISON Assistant Director Torts Branch, Civil Division /s/ Ryan Pohlman Miller RYAN POHLMAN MILLER Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146, Ben Franklin Station Washington, D.C. 20044-0146 Tel: (202) 305-3027 Email: ryan.miller2@usdoj.gov Date: August 14, 2024 3