VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00562
Package ID: USCOURTS-cofc-1_23-vv-00562
Petitioner: Bobbie Henderson
Filed: 2023-04-20
Decided: 2024-11-25
Vaccine: influenza
Vaccination date: 2021-10-13
Condition: Guillain-Barré syndrome
Outcome: compensated
Award amount USD: 205490

AI-assisted case summary:
Bobbie Henderson 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 administered on October 13, 2021. She stated that her injury was an "on-table" condition, meaning it is listed on the Vaccine Injury Table, and that she met the criteria for a presumed causation. The respondent, the Secretary of Health and Human Services, reviewed the petition and medical records and conceded that Ms. Henderson was entitled to compensation. The respondent's Rule 4(c) report confirmed that her GBS onset occurred within the Table's specified timeframe after a flu vaccination and that there was no apparent alternative cause. Based on this concession, the Chief Special Master issued a ruling on entitlement, finding Ms. Henderson eligible for compensation. Subsequently, the parties submitted a proffer on the award of compensation. The respondent proposed an award of $205,490.64, which Ms. Henderson agreed to. This amount includes compensation for life care expenses for the first year ($48,927.30), pain and suffering ($154,000.00), and past unreimbursable expenses ($2,563.34). The award also includes an amount sufficient to purchase an annuity contract for future life care items. The Chief Special Master issued a decision awarding the total compensation as stated in the proffer, directing the Clerk of Court to enter judgment accordingly.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-00562-0
Date issued/filed: 2024-10-24
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 09/23/2024) regarding 34 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:23-vv-00562-UNJ Document 41 Filed 10/24/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-562V
BOBBIE HENDERSON, Chief Special Master Corcoran
Petitioner, Filed: September 23, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Anne Carrion Toale, Maglio Christopher & Toale, PA, Sarasota, FL, for Petitioner.
Julianna Rose Kober, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On April 20, 2023, Bobbie Henderson 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 the “on-table” injury of Guillain-Barré
syndrome (“GBS”) as a result of an influenza (“flu”) vaccine administered to her on
October 13, 2021. Petition at 1, 6. Petitioner further alleges that she received the vaccine
in the United States, 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 ¶¶ 1, 25, 28-29. 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-00562-UNJ Document 41 Filed 10/24/24 Page 2 of 2
On September 20, 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 Vaccine Injury Table
(“Table”) and the Qualifications and Aids to Interpretation (“QAI”), which
affords 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 apparent alternative cause.
Id. at 9 (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-00562-1
Date issued/filed: 2024-11-25
Pages: 9
Docket text: PUBLIC DECISION (Originally filed: 10/17/2024) regarding 37 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:23-vv-00562-UNJ Document 42 Filed 11/25/24 Page 1 of 9
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-562V
BOBBIE HENDERSON, Chief Special Master Corcoran
Petitioner, Filed: October 17, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Anne Carrion Toale, Maglio Christopher & Toale, PA, Sarasota, FL, for Petitioner.
Julianna Rose Kober, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On April 20, 2023, Bobbie Henderson 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 the “on-table” injury of Guillain-Barré
syndrome (“GBS”) as a result of an influenza (“flu”) vaccine administered to her on
October 13, 2021. Petition at 1, 6. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On September 23, 2024, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for GBS. On October 15, 2024, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $205,490.64,
representing compensation for life care expenses expected to be incurred during the first
year after judgment ($48,927.30), pain and suffering ($154,000.00), past unreimbursable
expenses ($2,563.34), and an amount sufficient to pay for an annuity contract to provide
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-00562-UNJ Document 42 Filed 11/25/24 Page 2 of 9
payment for Petitioner’s life care plan items as described in Section II, B of the Proffer.
Proffer at 2-5. 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 the following
compensation:
A. A lump sum payment of $205,490.64, representing compensation for life care
expenses expected to be incurred during the first year after judgment
($48,927.30), pain and suffering ($154,000.00), and past unreimbursable
expenses ($2,563.34) in the form of a check payable to Petitioner; and
B. An amount sufficient to purchase the annuity contract described in Section
II, B of the Proffer.
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-00562-UNJ Document 42 Filed 11/25/24 Page 3 of 9
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
BOBBIE HENDERSON,
Petitioner,
v. No. 23-562V
Chief Special Master Corcoran
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On April 20, 2023, Bobbie Henderson (“petitioner”) filed her 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. Petitioner alleges that she suffered from Guillain-Barré
syndrome (“GBS”) as a result of an influenza (“flu”) vaccine administered to her on October 13,
2021. Petition (“Pet.”) at 1.
On September 20, 2024, respondent filed his Rule 4(c) Report, in which he recommended
that the Court find petitioner entitled to compensation, and on September 23, 2024, the Court
entered its Ruling on Entitlement, finding petitioner entitled to compensation. See ECF Nos. 33,
34. Specifically, based on respondent’s recommendation, the Court found petitioner entitled to
compensation for Guillain-Barré syndrome and related sequelae that she sustained following the
administration of an influenza vaccination on October 13, 2021, and that petitioner’s claim
satisfies the requirements necessary to qualify as a Table injury under the Vaccine Injury Table.1
1 On October 29, 2021, petitioner received a COVID-19 vaccine. Vaccines against COVID-19
are not contained in the Vaccine Injury Table. See 42 U.S.C. § 300aa-14 and 42 C.F.R. §
100.3(a). Pursuant to the declaration issued by the Secretary of Health and Human Services
under the Public Readiness and Emergency Preparedness Act (42 U.S.C. §§ 247d-6d, 247d-6e),

Case 1:23-vv-00562-UNJ Document 42 Filed 11/25/24 Page 4 of 9
42 U.S.C. § 300aa-14(a)(XIV)(D), (c)(15). See ECF No. 33. Respondent now proffers that
petitioner receive an award as follows:
I. Items of Compensation
A. Life Care Items
Respondent engaged life care planner Shelly Kinney, MSN, RN, CNLCP, CCM, to
provide an estimation of petitioner’s future vaccine-injury related needs. For the purposes of this
proffer, the term “vaccine related” is as described in the respondent’s Rule 4(c) Report. All
items of compensation identified in the life care plan are supported by the evidence, and are
illustrated by the chart entitled Appendix A: Items of Compensation for Bobbie Henderson,
attached hereto as Tab A. Respondent proffers that petitioner should be awarded all items of
compensation set forth in the life care plan and illustrated by the chart attached at Tab A.
Petitioner agrees.
B. Pain and Suffering
Respondent proffers that petitioner should be awarded $154,000.00 in actual pain and
suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
claims for alleged injuries from COVID-19 countermeasures, including vaccines, may be
compensable under the Countermeasures Injury Compensation Program (“CICP”). See 85 Fed.
Reg. 15198, 15202 (March 17, 2020).
The entry of judgment awarding the compensation described herein in a Decision of the Special
Master, resolves any and all actions or causes of action (including agreements, judgments,
claims, damages, loss of services, expenses and all demands of whatever kind or nature) that
have been brought, could have been brought, or hereafter could be timely brought against the
United States and the Secretary of Health and Human Services in the Court of Federal Claims,
under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 et seq., (a) on
account of, or in any way growing out of any and all known or unknown, suspected or
unsuspected personal injuries to or death of petitioner that resulted from, or that may be alleged
to have resulted from, the vaccinations identified herein, and (b) that petitioner has had, now has,
or hereafter may have with respect to the injury that gave rise to the petition for vaccine
compensation filed in the United States Court of Federal Claims as petition No. 23-562V.
2

Case 1:23-vv-00562-UNJ Document 42 Filed 11/25/24 Page 5 of 9
C. Past Unreimbursable Expenses
Evidence supplied by petitioner documents her expenditure of past unreimbursable
expenses related to her vaccine-related injury. Respondent proffers that petitioner should be
awarded past unreimbursable expenses in the amount of $2,563.34. Petitioner agrees.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a combination of lump sum payments and future annuity payments as described below,
and request that the Chief Special Master’s decision and the Court’s judgment award the
following:2
A. A lump sum payment of $205,490.64, representing compensation for life care
expenses expected to be incurred during the first year after judgment ($48,927.30), pain and
suffering ($154,000.00), and past unreimbursable expenses ($2,563.34) in the form of a check
payable to petitioner, Bobbie Henderson.
B. An amount sufficient to purchase an annuity contract,3 subject to the conditions
described below, that will provide payments for the life care items contained in the life care plan,
2 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 medical
expenses, future lost earnings, and future pain and suffering.
The parties further agree that the annuity payments cannot be assigned, accelerated, deferred,
increased, or decreased by the parties and that no part of any annuity payments called for herein,
nor any assets of the United States or the annuity company, are subject to execution or any legal
process for any obligation in any manner. Petitioner and petitioner’s heirs, executors,
administrators, successors, and assigns do hereby agree that they have no power or right to sell,
assign, mortgage, encumber, or anticipate said annuity payments, or any part thereof, by
assignment or otherwise, and further agree that they will not sell, assign, mortgage, encumber, or
anticipate said annuity payments, or any part thereof, by assignment or otherwise.
3 In respondent’s discretion, respondent may purchase one or more annuity contracts from one
or more life insurance companies.
3

Case 1:23-vv-00562-UNJ Document 42 Filed 11/25/24 Page 6 of 9
as illustrated by the chart at Tab A, attached hereto, paid to the life insurance company4 from
which the annuity will be purchased.5 Compensation for Year Two (beginning on the first
anniversary of the date of judgment) and all subsequent years shall be provided through
respondent’s purchase of an annuity, which annuity shall make payments directly to petitioner,
Bobbie Henderson, only so long as petitioner is alive at the time a particular payment is due. At
the Secretary’s sole discretion, the periodic payments may be provided to petitioner in monthly,
quarterly, annual, or other installments. The “annual amounts” set forth in the chart at Tab A
describe only the total yearly sum to be paid to petitioner and do not require that the payment be
made in one annual installment.
1. Growth Rate
Respondent proffers that a four percent (4%) growth rate should be applied to all life care
items. Thus, the benefits illustrated in the chart at Tab A that are to be paid through annuity
payments should grow as follows: four percent (4%) compounded annually from the date of
4 The Life Insurance Company must have a minimum of $250,000,000 capital and surplus,
exclusive of any mandatory security valuation reserve. The Life Insurance Company must have
one of the following ratings from two of the following rating organizations:
a. A.M. Best Company: A++, A+, A+g, A+p, A+r, or A+s;
b. Moody’s Investor Service Claims Paying Rating: Aa3, Aa2, Aa1, or Aaa;
c. Standard and Poor's Corporation Insurer Claims-Paying Ability Rating: AA-,
AA, AA+, or AAA;
d. Fitch Credit Rating Company, Insurance Company Claims Paying Ability
Rating: AA-, AA, AA+, or AAA.
5 Petitioner authorizes the disclosure of certain documents filed by the petitioner in this case
consistent with the Privacy Act and the routine uses described in the National Vaccine Injury
Compensation Program System of Records, No. 09-15-0056.
4

Case 1:23-vv-00562-UNJ Document 42 Filed 11/25/24 Page 7 of 9
judgment for all items, compounded annually from the date of judgment for medical items.
Petitioner agrees.
2. Life-contingent annuity
Petitioner will continue to receive the annuity payments from the Life Insurance
Company only so long as she, Bobbie Henderson, is alive at the time that a particular payment is
due. Written notice shall be provided to the Secretary of Health and Human Services and the
Life Insurance Company within twenty (20) days of Bobbie Henderson’s death.
3. Guardianship
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
III. Summary of Recommended Payments Following Judgment6
A. Lump Sum paid to petitioner, Bobbie Henderson: $205,490.64
B. An amount sufficient to purchase the annuity contract described
above in section II.B.
Respectfully submitted,
BRIAN M. BOYNTON
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
COLLEEN C. HARTLEY
Assistant Director
Torts Branch, Civil Division
6 This proffer does not include any award for attorneys’ fees and costs that may be awarded
pursuant to 42 U.S.C. § 300aa-15(e).
5

Case 1:23-vv-00562-UNJ Document 42 Filed 11/25/24 Page 8 of 9
/s/ JULIANNA R. KOBER
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) 742-6375
julianna.r.kober@usdoj.gov
Dated: October 15, 2024
6

Case 1:23-vv-00562-UNJ Document 42 Filed 11/25/24 Page 9 of 9
Appendix A: Items of Compensation for Bobbie Henderson
Lump Sum
Compensation Compensation
ITEMS OF COMPENSATION G.R. * M Year 1 Year 2-Life
Home Health - Unskilled Care 4% M $48,180.00 $48,180.00
Members Mark Underwear for Women 4% $428.16 $428.16
Total Protection Overnight Pad 4% $242.49 $242.49
Total Protection Underpads 4% $76.65 $76.65
Annual Totals $48,927.30 $48,927.30
Note: Compensation Year 1 consists of the 12 month period following the date of
judgement. Compensation Year 2 consists of the 12 month period commencing on the
first anniversary of the date of judgement.
As soon as practicable after entry of judgement, respondent shall make the following
payment to petitioner for Year 1 Home Health - Unskilled Care ($48,180.00),
Incontinence Supplies ($747.30): $48,927.30 Total.
Annual amounts payable through an annuity for future Compensation Years follow the
anniversary of the date of judgement.
Annual amounts shall increase at the rates indicated above in column G.R., compounded
annually from the date of judgement.
Items denoted with an astrick (*) covered by health insurance and/or Medicare.
Items denoted with an "M"payable in twelve monthly installments totaling the annual
amount indicated.