VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00470
Package ID: USCOURTS-cofc-1_23-vv-00470
Petitioner: Karen Hoffken
Filed: 2023-04-03
Decided: 2024-07-30
Vaccine: influenza
Vaccination date: 2021-09-03
Condition: Guillain-Barre syndrome
Outcome: compensated
Award amount USD: 275461

AI-assisted case summary:
Karen Hoffken filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered Guillain-Barre syndrome (GBS) as a result of an influenza vaccine she received on September 3, 2021. She also received a human papillomavirus (HPV) vaccine on the same date, but alleged only the flu vaccine caused her GBS. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Hoffken was entitled to compensation. The respondent agreed that her GBS satisfied the Table and QAI requirements for a presumption of causation, provided the onset occurred within the specified timeframe and there was no more likely alternative diagnosis or apparent alternative cause. A ruling on entitlement was issued on March 19, 2024, finding Ms. Hoffken entitled to compensation. Subsequently, on June 27, 2024, the respondent filed a proffer on award of compensation, agreeing to an award of $275,461.02. Ms. Hoffken agreed with this proffered award, which included $235,000.00 for pain and suffering, $22,788.81 for past unreimbursable expenses, and $17,672.21 for past lost wages. The Chief Special Master issued a decision awarding Ms. Hoffken the lump sum of $275,461.02 on July 30, 2024.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-00470-0
Date issued/filed: 2024-04-24
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 03/19/2024) regarding 39 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:23-vv-00470-UNJ Document 44 Filed 04/24/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-0470V
KAREN HOFFKEN, Chief Special Master Corcoran
Petitioner, Filed: March 19, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Catherine Wallace Costigan, Maglio Christopher & Toale, Washington, DC, for
Petitioner.
Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On April 3, 2023, Karen Hoffken filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”). On March 19, 2024, Petitioner filed an amended petition. Petitioner
alleges that she suffered Guillain-Barre syndrome (“GBS”) resulting from an influenza
(“flu”) vaccine received on September 3, 2021. Amended Petition at 1. Petitioner further
alleges she received the flu vaccine in the United States, her injuries lasted more than six
months, and neither Petitioner, nor any other party, has ever brought an action or received
compensation in the form of an award or settlement for Petitioner’s vaccine-related
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-00470-UNJ Document 44 Filed 04/24/24 Page 2 of 2
injuries. Amended Petition at ¶¶ 1, 32, 34, 35. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On March 15, 2024, Respondent filed his Rule 4(c) report in which he concedes
that Petitioner is entitled to compensation in this case.3 Respondent’s Rule 4(c) Report at
1. Specifically, Respondent agrees that Petitioner has satisfied the Table and QAI
requirements, 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 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
3 Respondent noted that Petitioner also received a human papillomavirus (“HPV”) vaccine on the same
date, and denied that the HPV vaccine caused Petitioner’s GBS or any other injury or condition.
Respondent’s Rule 4(c) Report at 1 n.1-2. Petitioner subsequently filed an amended petition alleging only
that the flu vaccine caused her injuries. Amended Petition, filed March 19, 2024 (ECF No. 38).
2

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DOCUMENT 2: USCOURTS-cofc-1_23-vv-00470-1
Date issued/filed: 2024-07-30
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 06/28/2024) regarding 51 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:23-vv-00470-UNJ Document 58 Filed 07/30/24 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-0470V
KAREN HOFFKEN, Chief Special Master Corcoran
Petitioner, Filed: June 28, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Catherine Wallace Costigan, Maglio Christopher & Toale, PA, Washington, DC, for
Petitioner.
Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On April 3, 2023, Karen Hoffken filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”). On March 19, 2024, Petitioner filed an amended petition. Petitioner
alleges that she suffered Guillain-Barre syndrome (“GBS”) resulting from an influenza
(“flu”) vaccine received on September 3, 2021. Amended Petition at 1. Petitioner further
alleges she received the flu vaccine in the United States, her injuries lasted more than six
months, and neither Petitioner, nor any other party, has ever brought an action or received
compensation in the form of an award or settlement for Petitioner’s vaccine-related
injuries. Amended Petition at ¶¶ 1, 32, 34, 35. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
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-00470-UNJ Document 58 Filed 07/30/24 Page 2 of 5
On March 19, 2024, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for GBS. On June 27, 2024, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $275,461.02. Proffer at
2-3. 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.
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $275,461.02 (representing $235,000.00 in pain and suffering,
$22,788.81 for past unreimbursable expenses, and $17,672.21 for past lost wages)
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-00470-UNJ Document 58 Filed 07/30/24 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
KAREN HOFFKEN, )
)
Petitioner, )
) No. 23-470V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On April 3, 2023, Karen Hoffken (“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 3, 2021 (a “Table injury”).1
Petition at 1, 7. On March 15, 2024, the Secretary of Health and Human Services (“respondent”)
filed a Rule 4(c) Report recommending that compensation be awarded for GBS.2 ECF No. 35.
The Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to
compensation on March 19, 2024. ECF No. 39.
1 Petitioner also received a human papillomavirus (“HPV”) vaccine on the same date. Exhibit
13. On March 19, 2024, petitioner filed an amended petition alleging that only the flu vaccine
caused her GBS. ECF No. 38.
2 As respondent noted in the Rule 4(c) Report, GBS is not a Table injury for the HPV vaccine,
and respondent denies that the HPV vaccine caused petitioner’s GBS or any other injury or
condition. ECF No. 35 at 1.

Case 1:23-vv-00470-UNJ Document 58 Filed 07/30/24 Page 4 of 5
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $235,000.00 in actual pain and
suffering. Petitioner agrees.
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 $22,788.81. 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 $17,672.21. 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 following3: a lump sum payment of $275,461.02, representing
3 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-00470-UNJ Document 58 Filed 07/30/24 Page 5 of 5
compensation for pain and suffering ($235,000.00), past unreimbursable expenses ($22,788.81),
and past lost wages ($17,672.21), in the form of a check payable to petitioner, Karen Hoffken.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Karen Hoffken: $275,461.02
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
VORIS E. JOHNSON
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 27, 2024
3