VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00507
Package ID: USCOURTS-cofc-1_23-vv-00507
Petitioner: Dai Chen
Filed: 2023-04-13
Decided: 2024-05-24
Vaccine: influenza
Vaccination date: 2020-10-06
Condition: Guillain-Barre Syndrome
Outcome: compensated
Award amount USD: 100000

AI-assisted case summary:
Dai Chen 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 October 6, 2020. The petition stated that the vaccine was administered in the United States, her injury lasted longer than six months, and she had not received prior compensation for this injury. Respondent filed a Rule 4(c) report conceding that Dai Chen was entitled to compensation. Respondent agreed that she met 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 within three and forty-two days after a seasonal flu vaccination and there is no apparent alternative cause. A ruling on entitlement was issued on February 29, 2024, finding Dai Chen entitled to compensation. Subsequently, on April 23, 2024, Respondent filed a proffer on award of compensation, indicating that Dai Chen should be awarded $100,000.00. The proffer stated that Dai Chen agreed with this proffered award, which represents all elements of compensation to which she is entitled under Section 15(a). The Chief Special Master issued a decision awarding Dai Chen a lump sum payment of $100,000.00.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-00507-0
Date issued/filed: 2024-04-03
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 02/29/2024) 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-00507-UNJ Document 22 Filed 04/03/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-0507V
DAI CHEN, Chief Special Master Corcoran
Petitioner, Filed: February 29, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Emilie Williams, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On April 13, 2023, Dai Chen 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-Barre Syndrome (“GBS”) resulting from
an influenza (“flu”) vaccine received on October 6, 2020. Petition at 1. Petitioner further
alleges that she received the vaccine in the United States, her injury lasted longer than
six months, and neither Petitioner nor any other party has ever received compensation in
the form of an award or settlement for her vaccine-related injury. Petition at ¶¶ 1, 10, 11.
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-00507-UNJ Document 22 Filed 04/03/24 Page 2 of 2
On February 29, 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 agrees that “petitioner has satisfied the criteria set forth in the
Vaccine Injury Table and the Qualifications and Aids to Interpretation, which afford
petitioner a presumption of causation if the onset of GBS occurs within three and forty-
two days after a seasonal flu vaccination and there is no apparent alternative cause.” Id.
at 6.
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-00507-1
Date issued/filed: 2024-05-24
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 04/23/2024) regarding 25 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:23-vv-00507-UNJ Document 29 Filed 05/24/24 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-0507V
DAI CHEN, Chief Special Master Corcoran
Petitioner, Filed: April 23, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Emilie Williams, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On April 13, 2023, Dai Chen 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-Barre Syndrome (“GBS”) resulting from
an influenza (“flu”) vaccine received on October 6, 2020. Petition at 1. Petitioner further
alleges that she received the vaccine in the United States, her injury lasted longer than
six months, and neither Petitioner nor any other party has ever received compensation in
the form of an award or settlement for her vaccine-related injury. Petition at ¶¶ 1, 10, 11.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On February 29, 2024, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for GBS. On April 23, 2024, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $100,000.00. 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-00507-UNJ Document 29 Filed 05/24/24 Page 2 of 4
at 1-2. 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 $100,000.00 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 1:23-vv-00507-UNJ Document 29 Filed 05/24/24 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
DAI CHEN, )
)
Petitioner, ) No. 23-507V ECF
)
v. ) Chief Special Master Corcoran
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
___________________________________ )
PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On April 13, 2023, Dai Chen (“petitioner”) filed a petition for compensation (“petition”)
under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34, as
amended. She alleges that, as a result of receiving the influenza vaccine on October 6, 2020, she
suffered from Guillain-Barre Syndrome (“GBS”). See Petition. On February 29, 2024,
respondent filed his Vaccine Rule 4(c) report, concluding that petitioner suffered GBS as defined
by the Vaccine Injury Table, within the Table timeframe. On the same date, Chief Special
Master Corcoran issued a ruling on entitlement, finding that petitioner was entitled to
compensation for a GBS Table injury. ECF Nos. 18, 20.
II. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
a lump sum of $100,000.00. This amount represents all elements of compensation to which
1 This Proffer does not include attorneys’ fees and costs, which the parties intend to
address after the Damages Decision is issued.

Case 1:23-vv-00507-UNJ Document 29 Filed 05/24/24 Page 4 of 4
petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
III. Form of the Award
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: a lump sum payment of $100,000.00 in
the form of a check payable to petitioner.2 Petitioner agrees.
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
TRACI R. PATTON
Assistant Director
Torts Branch, Civil Division
/s/Emilie F. Williams
EMILIE F. WILLIAMS
Trial Attorney
Torts Branch, Civil Division
U. S. Department of Justice
P.O. Box l46, Benjamin Franklin Station
Washington, D.C. 20044-0146
Direct dial: (202) 305-0124
Emilie.williams@usdoj.gov
Dated: April 23, 2024
2 Should petitioner die prior to entry of judgment, respondent would oppose any award
for future medical expenses, future lost earnings, and future pain and suffering, and the parties
reserve the right to move the Court for appropriate relief.
2