VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-01881 Package ID: USCOURTS-cofc-1_22-vv-01881 Petitioner: Michelle Bridges Filed: 2022-12-21 Decided: 2024-06-04 Vaccine: influenza Vaccination date: 2020-09-27 Condition: Guillain Barre Syndrome (GBS) Outcome: compensated Award amount USD: 120000 AI-assisted case summary: Michelle Bridges filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered Guillain-Barré Syndrome (GBS) as a result of an influenza vaccination received on September 27, 2020. The respondent, the Secretary of Health and Human Services, conceded that Ms. Bridges is entitled to compensation. The respondent determined that her claim met the Table criteria for GBS, noting her symptoms, the monophasic illness pattern, the interval between onset and nadir of weakness, and the absence of a more likely alternative diagnosis. The respondent also confirmed that the claim was timely filed, the vaccine was administered in the United States, and Ms. Bridges suffered residual effects for more than six months. A ruling on entitlement was issued on September 18, 2023, finding her entitled to compensation. Subsequently, on April 29, 2024, the respondent filed a proffer on award of compensation, recommending an award of $120,000.00 for pain and suffering, to which Ms. Bridges agreed. On June 4, 2024, the Chief Special Master issued a decision awarding Ms. Bridges a lump sum payment of $120,000.00. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_22-vv-01881-0 Date issued/filed: 2023-10-23 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 09/18/2023) regarding 18 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-01881-UNJ Document 20 Filed 10/23/23 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1881V MICHELLE BRIDGES, Chief Special Master Corcoran Petitioner, Filed: September 18, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Dustin Francis Fregiato, Ladendorf Law, Indianapolis, IN, for Petitioner. Joseph Douglas Leavitt, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On December 21, 2022, Michelle Bridges 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 that she suffered Guillain Barre Syndrome (GBS), resulting from an influenza (flu) vaccination she received on September 27, 2020.3 Petition at 1. Petitioner further alleges that the vaccination was administered within the United States, her GBS persisted for more than six months, and neither she, nor any 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 As noted by Respondent, Petitioner’s vaccination record appears to reflect that she received her influenza vaccination on September 24, 2020, as opposed to September 27, 2020. Exhibit (Ex.). 2 at 4. Respondent states that this discrepancy does not affect the analysis of Petitioner’s claim, or his ultimate position. Respondent’s Report at 1, footnote 1. 3 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-01881-UNJ Document 20 Filed 10/23/23 Page 2 of 2 other party, has ever filed any action or received compensation in the form of an award or settlement for Petitioner’s vaccine-related injury. Petition at 1-2. The case was assigned to the Special Processing Unit of the Office of Special Masters. On August 16, 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. Id. at 4. Respondent concluded that Petitioner’s claim meets the Table criteria for GBS. Specifically, Respondent determined that “[P]etitioner had bilateral flaccid limb weakness and decreased or absent tendon reflexes in her weak limbs, a monophasic illness pattern, an interval between onset and nadir of weakness between twelve hours and twenty-eight days, a subsequent clinical plateau, and the absence of an identified more likely alternative diagnosis.” Id. Respondent further agrees that “this case was timely filed, that the vaccine was received in the United States, and that [P]etitioner satisfies the statutory severity requirement by suffering the residual effects or complications of her injury for more than six months after vaccine administration.” 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 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_22-vv-01881-1 Date issued/filed: 2024-06-04 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 04/29/2024 ) regarding 34 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-01881-UNJ Document 38 Filed 06/04/24 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1881V MICHELLE BRIDGES, Chief Special Master Corcoran Petitioner, Filed: April 29, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Dustin F. Fregiato, Ladendorf Law, Indianapolis, IN, for Petitioner. Joseph D. Leavitt, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On December 21, 2022, Michelle Bridges 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”) following administration of an influenza (“flu”) vaccination on September 27, 2020. Petition at 1-2. The case was assigned to the Special Processing Unit of the Office of Special Masters. On September 18, 2023, a ruling on entitlement was issued, finding Petitioner entitled to compensation for her GBS. On April 29, 2024, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $120,000.00 (the entire amount representing compensation for pain and suffering). Proffer at 1. 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-01881-UNJ Document 38 Filed 06/04/24 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 a lump sum payment of $120,000.00 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-01881-UNJ Document 38 Filed 06/04/24 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS MICHELLE BRIDGES, Petitioner, v. No. 22-1881V (ECF) Chief Special Master Corcoran SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On December 21, 2022, Michelle Bridges (“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, alleging that she suffered from Guillain-Barré Syndrome (“GBS”), as defined in the Vaccine Injury Table, following administration of an influenza (“flu”) vaccination that she received on September 27, 2020. ECF No. 1 at 1. On August 16, 2023, respondent filed a Rule 4(c) Report, recommending that compensation be awarded. ECF No. 13. On September 18, 2023, Chief Special Master Corcoran issued a Ruling on Entitlement, agreeing with respondent that petitioner’s claim meets the Table criteria for GBS. ECF No. 18. I. Items of Compensation a. Pain and Suffering Respondent proffers that petitioner should be awarded $120,000.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. Case 1:22-vv-01881-UNJ Document 38 Filed 06/04/24 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 one lump sum payment as described below and requests that the Chief Special Master’s decision and the Court’s judgment award the following:1 One lump sum payment of $120,000.00, in the form of a check payable to petitioner. 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 DARRYL R. WISHARD Assistant 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. In particular, respondent would oppose any award for future lost earnings and future pain and suffering. 2 Case 1:22-vv-01881-UNJ Document 38 Filed 06/04/24 Page 5 of 5 /s/ Joseph Leavitt JOSEPH D. LEAVITT 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) 616-0515 Email: joseph.leavitt@usdoj.gov Dated: April 29, 2024 3 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_22-vv-01881-cl-extra-10735146 Date issued/filed: 2024-06-04 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10268556 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1881V MICHELLE BRIDGES, Chief Special Master Corcoran Petitioner, Filed: April 29, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Dustin F. Fregiato, Ladendorf Law, Indianapolis, IN, for Petitioner. Joseph D. Leavitt, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On December 21, 2022, Michelle Bridges 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”) following administration of an influenza (“flu”) vaccination on September 27, 2020. Petition at 1-2. The case was assigned to the Special Processing Unit of the Office of Special Masters. On September 18, 2023, a ruling on entitlement was issued, finding Petitioner entitled to compensation for her GBS. On April 29, 2024, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $120,000.00 (the entire amount representing compensation for pain and suffering). Proffer at 1. 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). 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 $120,000.00 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 MICHELLE BRIDGES, Petitioner, v. No. 22-1881V (ECF) Chief Special Master Corcoran SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On December 21, 2022, Michelle Bridges (“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, alleging that she suffered from Guillain-Barré Syndrome (“GBS”), as defined in the Vaccine Injury Table, following administration of an influenza (“flu”) vaccination that she received on September 27, 2020. ECF No. 1 at 1. On August 16, 2023, respondent filed a Rule 4(c) Report, recommending that compensation be awarded. ECF No. 13. On September 18, 2023, Chief Special Master Corcoran issued a Ruling on Entitlement, agreeing with respondent that petitioner’s claim meets the Table criteria for GBS. ECF No. 18. I. Items of Compensation a. Pain and Suffering Respondent proffers that petitioner should be awarded $120,000.00 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 one lump sum payment as described below and requests that the Chief Special Master’s decision and the Court’s judgment award the following:1 One lump sum payment of $120,000.00, in the form of a check payable to petitioner. 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 DARRYL R. WISHARD Assistant 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. In particular, respondent would oppose any award for future lost earnings and future pain and suffering. 2 /s/ Joseph Leavitt JOSEPH D. LEAVITT 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) 616-0515 Email: joseph.leavitt@usdoj.gov Dated: April 29, 2024 3 ================================================================================ DOCUMENT 4: USCOURTS-cofc-1_22-vv-01881-cl-extra-10824027 Date issued/filed: 2025-03-18 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10357439 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1881V MICHELLE BRIDGES, Chief Special Master Corcoran Petitioner, v. Filed: February 5, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Dustin Francis Fregiato, Landendorf Law, Indianapolis, IN, for Petitioner. Joseph Douglas Leavitt, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On December 21, 2022, Michelle Bridges 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”) following administration of an influenza (“flu”) vaccination on September 27, 2020. Petition at 1-2. On April 29, 2024, I issued a decision awarding compensation to Petitioner based on the Respondent’s proffer. ECF No. 34. Petitioner has now filed a motion for attorney’s fees and costs, requesting an award of $12,005.96 (representing $8,717.21 in fees plus $3,288.75 in costs). Motion for 1Because 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). Attorneys’ Fees and Costs (“Motion”) filed August 23, 2024, ECF No. 39. Furthermore, counsel for Petitioner represents that Petitioner incurred no out of out-of-pocket expenses. Id. at 2. Respondent reacted to the motion on August 26, 2024, indicating that he is satisfied the statutory requirements for an award of attorneys’ fees and costs are met in this case but deferring resolution of the amount to be awarded to my discretion. Response at 2-4, ECF No. 40. Petitioner did not file a reply thereafter. I have reviewed the billing records submitted with Petitioner’s request. In my experience, the request appears reasonable, and I find no cause to reduce the requested hours or rates. Furthermore, Petitioner has provided supporting documentation for all claimed costs. ECF No. 42. Respondent offered no specific objection to the rates or amounts sought. I find the requested costs reasonable and hereby award them in full. The Vaccine Act permits an award of reasonable attorney’s fees and costs for successful claimants. Section 15(e). Accordingly, I hereby GRANT Petitioner’s Motion for attorney’s fees and costs. Petitioner is awarded attorneys’ fees and costs in the total amount of $12,005.96 (representing $8,717.21 in attorney’s fees and $3,288.75 in attorney’s costs) to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement. In the absence of a timely-filed motion for review (see Appendix B to the Rules of the Court), the Clerk of Court shall 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), the parties may expedite entry of judgment by filing a joint notice renouncing their right to seek review. 2