VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00088
Package ID: USCOURTS-cofc-1_23-vv-00088
Petitioner: Janet Zimmerman
Filed: 2023-01-23
Decided: 2023-11-28
Vaccine: influenza
Vaccination date: 2019-09-16
Condition: Guillain-Barré Syndrome (GBS)
Outcome: compensated
Award amount USD: 142711

AI-assisted case summary:
Janet Zimmerman 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 vaccine she received on September 16, 2019. GBS is an injury listed on the Vaccine Injury Table for the flu vaccine. The respondent conceded entitlement, stating that Ms. Zimmerman suffered GBS following the flu vaccine within the Table time period and that there was not a preponderance of medical evidence to suggest an unrelated cause. The respondent also agreed that the claim met the statutory severity requirements because the GBS lasted for more than six months. Based on the respondent's concession and the evidence, the court issued a ruling on entitlement, finding Ms. Zimmerman entitled to compensation. Subsequently, the parties reached a stipulation for damages. The respondent proffered an award of $142,711.75, consisting of $135,000.00 for pain and suffering and $7,711.75 for unreimbursable medical expenses. Ms. Zimmerman agreed with this proffered award. The Chief Special Master issued a decision awarding Ms. Zimmerman a lump sum payment of $142,711.75.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-00088-0
Date issued/filed: 2023-09-22
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/21/2023) regarding 20 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:23-vv-00088-UNJ Document 26 Filed 09/22/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-0088V
JANET ZIMMERMAN,
Petitioner, Chief Special Master Corcoran
v.
SECRETARY OF HEALTH AND Filed: August 21, 2023
HUMAN SERVICES,
Respondent.
Danielle Strait, Maglio Christopher & Toale, PA, Seattle, WA, for Petitioner.
Christine Mary Becer, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 23, 2023, Janet Zimmerman 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”),
which is an injury listed on the Vaccine Injury Table (“Table”) for the flu vaccine, as a
result of a vaccine she received on September 16, 2019. Petition at 1. Petitioner further
alleges that her vaccine related injury lasted for more than six months. Petition at 8. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On August 21, 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 states that “petitioner suffered GBS following a flu vaccine
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-00088-UNJ Document 26 Filed 09/22/23 Page 2 of 2
within the Table time period, and there is not a preponderance of the medical evidence
that petitioner’s GBS was due to a factor unrelated to the vaccination.” Id. at 6.
Respondent further agrees that “[t]he claim also meets the statutory severity requirements
because petitioner experienced sequelae of his GBS for more than six months,” . . . and
that “based on the record as it now stands, compensation is appropriate, as petitioner has
satisfied all legal prerequisites for compensation under the Act.” 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

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DOCUMENT 2: USCOURTS-cofc-1_23-vv-00088-1
Date issued/filed: 2023-11-28
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 10/26/2023) regarding 29 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:23-vv-00088-UNJ Document 37 Filed 11/28/23 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-0088V
JANET ZIMMERMAN,
Chief Special Master Corcoran
Petitioner,
v.
Filed: October 26, 2023
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Elizabeth Kyla Abramson, Maglio Christopher & Toale, P.A., Washington, DC, for
Petitioner.
Christine Mary Becer, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 23, 2023, Janet Zimmerman 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”),
which is an injury listed on the Vaccine Injury Table (“Table”) for the flu vaccine, as a
result of a vaccine she received on September 16, 2019. Petition at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On August 21, 2023, a ruling on entitlement was issued, finding Petitioner entitled
to compensation. On October 25, 2023, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded a total of $142,711.75,
consisting of $135,000.00 for pain and suffering and $7,711.75 for unreimbursable
medical expenses. Proffer at 1-2. In the Proffer, Respondent represented that Petitioner
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-00088-UNJ Document 37 Filed 11/28/23 Page 2 of 4
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 $142,711.75, (consisting of $135,000.00 for pain and suffering and
$7,711.75 for unreimbursable medical 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-00088-UNJ Document 37 Filed 11/28/23 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
JANET ZIMMERMAN, )
)
Petitioner, )
) No. 23-88V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Procedural History
On January 23, 2023, Janet Zimmerman (“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”), alleging that she suffered Guillain-Barré Syndrome (“GBS”), as defined in the
Vaccine Injury Table, following administration of an influenza (“flu”) vaccine on November 17,
2020. Petition at 1. On August 21, 2023, respondent filed his Rule 4(c) report conceding
entitlement. ECF No. 19. That same day, Chief Special Master Corcoran issued an entitlement
ruling in favor of petitioner. See Ruling on Entitlement (ECF No. 20).
II. Items of Compensation
Respondent proffers that petitioner should be awarded $135,000.00 for pain and suffering
and $7,711.75 for unreimbursable medical expenses.
This represents all elements of compensation to which petitioner is entitled under 42
U.S.C. § 300aa-15(a). Petitioner agrees.

Case 1:23-vv-00088-UNJ Document 37 Filed 11/28/23 Page 4 of 4
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 following1: a lump sum payment of $142,711.75, in the form of
a check payable to petitioner.
IV. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Janet Zimmerman: $142,711.75
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
LARA A. ENGLUND
Assistant Director
Torts Branch, Civil Division
s/Christine Mary Becer
CHRISTINE MARY BECER
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) 616-3665
DATED: October 25, 2023
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 pain and
suffering.
2