VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00087 Package ID: USCOURTS-cofc-1_23-vv-00087 Petitioner: Edward L. Aman Filed: 2023-01-23 Decided: 2023-12-12 Vaccine: influenza Vaccination date: 2020-09-23 Condition: Guillain-Barré syndrome Outcome: compensated Award amount USD: 141617 AI-assisted case summary: Edward L. Aman filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered Guillain-Barré syndrome (GBS) as a result of an influenza vaccine administered on September 23, 2020. He claimed the vaccine was given in the United States, that his injury had residual effects for more than six months, and that he had no prior award or settlement for this injury. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Mr. Aman was entitled to compensation. The respondent's medical personnel reviewed the petition and medical records and determined that Mr. Aman satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation, which afford a presumption of causation for GBS if onset occurs between three and forty-two days after a seasonal influenza vaccine and there is no apparent alternative cause. A ruling on entitlement was issued on August 2, 2023, finding Mr. Aman entitled to compensation. Subsequently, on November 7, 2023, the respondent filed a proffer on award of compensation, indicating that Mr. Aman should be awarded $141,617.70, comprised of $135,000.00 for pain and suffering and $6,617.70 for past unreimbursable expenses. Mr. Aman agreed with this proffered award. The Chief Special Master issued a decision awarding Mr. Aman the lump sum of $141,617.70. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-00087-0 Date issued/filed: 2023-09-05 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 08/02/2023) regarding 17 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-00087-UNJ Document 20 Filed 09/05/23 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-87V EDWARD L. AMAN, Chief Special Master Corcoran Petitioner, Filed: August 2, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Matthew F. Belanger, Faraci Lange LLP, Rochester, NY, for Petitioner. Joseph Douglas Leavitt, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On January 23, 2023, Edward Aman 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 he suffered a Table injury – Guillain-Barré syndrome (“GBS”) as a result of an influenza vaccine administered to him on September 23, 2020. Petition at 1. Petitioner further alleges the vaccine was administered within the United States, that he suffered the residual effects of his injury for more than six months, and that there has been no prior award or settlement of a civil action on his behalf as a result of his injury. See Petition at ¶¶ 7, 18, 21. 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 1:23-vv-00087-UNJ Document 20 Filed 09/05/23 Page 2 of 2 On July 28, 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 indicates that [m]edical personnel at the Division of Injury Compensation Programs, Department of Health and Human Services (“DICP”), have reviewed the petition and medical records filed in this case. It is respondent’s position that petitioner has satisfied the criteria set forth in the Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation (“QAI”), which afford petitioner a presumption of causation if the onset of GBS occurs between three and forty-two days after a seasonal influenza vaccine and there is no apparent alternative cause. 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 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_23-vv-00087-1 Date issued/filed: 2023-12-12 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 11/08/2023) regarding 25 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-00087-UNJ Document 29 Filed 12/12/23 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-0087V EDWARD L. AMAN, Chief Special Master Corcoran Petitioner, Filed: November 8, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Matthew F. Belanger, Faraci Lange, LLP, Rochester, NY, for Petitioner. Joseph Douglas Leavitt, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On January 23, 2023, Edward L. Aman 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 he suffered Guillain-Barré syndrome (“GBS”) as a result of an influenza (“flu”) vaccine he received on September 23, 2020. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On August 2, 2023, a ruling on entitlement was issued, finding Petitioner entitled to compensation for GBS. On November 7, 2023, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $141,617.70 (comprised of $135,000.00 in pain and suffering and $6,617.70 in past unreimbursable expenses). Proffer at 1-2. In the Proffer, Respondent represented that Petitioner agrees 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 1:23-vv-00087-UNJ Document 29 Filed 12/12/23 Page 2 of 5 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 $141,617.70 (comprised of $135,000.00 in pain and suffering and $6,617.70 in 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 1:23-vv-00087-UNJ Document 29 Filed 12/12/23 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS EDWARD L. AMAN, Petitioner, v. No. 23-87V (ECF) Chief Special Master Corcoran SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On January 23, 2023, Edward L. Aman (“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 he suffered Guillain-Barré Syndrome (“GBS”), as defined in the Vaccine Injury Table, following administration of an influenza vaccine that he received on September 23, 2020. ECF No. 1 at 1. On July 28, 2023, respondent filed a Rule 4(c) Report, concluding that petitioner suffered GBS as defined by the Vaccine Injury Table within the Table timeframe and recommending that this Court enter a ruling finding petitioner entitled to compensation. See ECF No. 16 at 1, 3-4. On August 2, 2023, Chief Special Master Corcoran issued a Ruling on Entitlement, finding that petitioner was entitled to compensation. ECF No. 17 at 2. I. Items of Compensation a. Pain and Suffering Respondent proffers that petitioner should be awarded $135,000.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. Case 1:23-vv-00087-UNJ Document 29 Filed 12/12/23 Page 4 of 5 b. Past Unreimbursable Expenses Evidence supplied by petitioner documents that he incurred past unreimbursable expenses pertaining to his vaccine-related injury. Respondent proffers that petitioner should be awarded past unreimbursable expenses in the amount of $6,617.70. 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. 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 following:1 a lump sum payment of $141,617.70, in the form of a check payable to petitioner. III. Summary of Recommended Payment Following Judgment Lump sum payable to petitioner, Edward L. Aman: $141,617.70 Respectfully submitted, BRIAN M. BOYNTON Principal Deputy Assistant Attorney General C. SALVATORE D’ALESSIO 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 1:23-vv-00087-UNJ Document 29 Filed 12/12/23 Page 5 of 5 HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division TRACI R. PATTON Assistant Director Torts Branch, Civil Division /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: November 7, 2023 3