VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00205
Package ID: USCOURTS-cofc-1_23-vv-00205
Petitioner: Erny Pope
Filed: 2023-02-13
Decided: 2024-07-08
Vaccine: influenza
Vaccination date: 2021-09-23
Condition: Guillain-Barré syndrome
Outcome: compensated
Award amount USD: 173519

AI-assisted case summary:
Erny Pope 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 received on September 23, 2021. This was alleged to be a Table injury, meaning the condition is presumed to be caused by the vaccine if certain criteria are met. The respondent, the Secretary of Health and Human Services, reviewed the petition and medical records and conceded that Ms. Pope was entitled to compensation. The respondent noted that her case met the criteria for a Table injury, specifically that GBS onset occurred within the specified timeframe after a flu vaccination, with no more likely alternative diagnosis or apparent alternative cause. A ruling on entitlement was issued on March 22, 2024, finding Ms. Pope entitled to compensation. Subsequently, on June 7, 2024, the parties filed a proffer on award of compensation. The respondent recommended, and Ms. Pope agreed, that she should be awarded $173,519.80. This amount represents compensation for pain and suffering ($160,000.00), past unreimbursable expenses ($1,577.00), and past lost wages ($11,942.80). The decision awarding damages was issued on July 8, 2024, granting the lump sum payment to Ms. Pope.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-00205-0
Date issued/filed: 2024-04-22
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 03/22/2024) regarding 20 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:23-vv-00205-UNJ Document 22 Filed 04/22/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-205V
ERNY POPE, Chief Special Master Corcoran
Petitioner, Filed: March 22, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On February 13, 2023, Erny Pope 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”) as a
result of an influenza (“flu”) vaccine she received on September 23, 2021 (a “Table
injury”). Petition at 1. Petitioner further alleges that she suffered the residual effects of
her injury for more than six months, and that there has been no prior award or settlement
of a civil action on her behalf as a result of her injury. Petition at ¶¶ 11-12. 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-00205-UNJ Document 22 Filed 04/22/24 Page 2 of 2
On March 19, 2024, 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
[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 the case. It is respondent’s position that
petitioner has satisfied the criteria set forth in the revised 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 flu vaccination,
and there is no more likely alternative diagnosis and no apparent alternative
cause.
Id. at 6 (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

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DOCUMENT 2: USCOURTS-cofc-1_23-vv-00205-1
Date issued/filed: 2024-07-08
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 06/07/2024) regarding 26 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:23-vv-00205-UNJ Document 30 Filed 07/08/24 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-205V
ERNY POPE, Chief Special Master Corcoran
Petitioner, Filed: June 7, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On February 13, 2023, Erny Pope 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”) as a
result of an influenza (“flu”) vaccine she received on September 23, 2021 (a “Table
injury”). Petition at 1. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On March 22, 2024, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for GBS. On June 3, 2024, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $173,519.80,
representing compensation for pain and suffering ($160,000.00), past unreimbursable
expenses ($1,577.00), and past lost wages ($11,942.80). Proffer at 1-2. 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 1:23-vv-00205-UNJ Document 30 Filed 07/08/24 Page 2 of 5
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 $173,519.80 (representing compensation for pain and suffering
($160,000.00), past unreimbursable expenses ($1,577.00), and past lost wages
($11,942.80)) 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-00205-UNJ Document 30 Filed 07/08/24 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
ERNY POPE, )
)
Petitioner, )
) No. 23-205V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On February 13, 2023, Erny Pope (“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. Petitioner alleges that she suffered Guillain-Barré syndrome (“GBS”) as
a result of an influenza (“flu”) vaccine she received on September 23, 2021 (a “Table injury”).
Petition at 1, 4. On March 19, 2024, the Secretary of Health and Human Services (“respondent”)
filed a Rule 4(c) Report recommending that compensation be awarded for GBS, and the Chief
Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation on
March 22, 2024. ECF No. 18; ECF No. 20.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $160,000.00 in actual pain and
suffering. Petitioner agrees.

Case 1:23-vv-00205-UNJ Document 30 Filed 07/08/24 Page 4 of 5
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 $1,577.00. See 42 U.S.C. § 300aa-
15(a)(1)(B). Petitioner agrees.
C. Lost Wages
Evidence supplied by petitioner documents that she incurred past lost wages related to
her vaccine-related injury. Respondent proffers that petitioner should be awarded past lost
wages in the amount of $11,942.80. See 42 U.S.C. § 300aa-15(a)(3)(A). 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 following1: a lump sum payment of $173,519.80, representing
compensation for pain and suffering ($160,000.00), past unreimbursable expenses ($1,577.00),
and past lost wages ($11,942.80), in the form of a check payable to petitioner, Erny Pope.
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-00205-UNJ Document 30 Filed 07/08/24 Page 5 of 5
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Erny Pope: $173,519.80
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
JULIA M. COLLISON
Assistant Director
Torts Branch, Civil Division
s/ Sarah C. Duncan
SARAH C. DUNCAN
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) 514-9729
Email: sarah.c.duncan@usdoj.gov
DATED: June 3, 2024
3