VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00646 Package ID: USCOURTS-cofc-1_23-vv-00646 Petitioner: Edith Fox Filed: 2023-05-03 Decided: 2024-08-27 Vaccine: influenza Vaccination date: 2021-11-16 Condition: Guillain-Barré Syndrome Outcome: compensated Award amount USD: 110000 AI-assisted case summary: Edith Fox filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered Guillain-Barré Syndrome (GBS) after receiving an influenza vaccine on November 16, 2021. The petition stated that she received the vaccine in the United States, experienced residual effects of GBS for more than six months, and had not filed any other civil action or received prior compensation for her condition. The respondent, the Secretary of Health and Human Services, conceded that Ms. Fox was entitled to compensation, agreeing that her condition met the criteria set forth in the Vaccine Injury Table. A ruling on entitlement was issued on February 28, 2024, finding Ms. Fox entitled to compensation. Subsequently, on July 19, 2024, the parties filed a joint stipulation requesting an award of $110,000.00. The Chief Special Master adopted the stipulation as the decision awarding damages, granting Ms. Fox a lump sum of $110,000.00. This amount represents compensation for all items of damages available under the Vaccine Act. The stipulation also included a release of claims related to the flu vaccine and a COVID-19 vaccine received around the same time, and a waiver of rights to compensation under the Countermeasures Injury Compensation Program (CICP). Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-00646-0 Date issued/filed: 2024-04-08 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 02/28/2024) regarding 19 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-00646-UNJ Document 22 Filed 04/08/24 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-0646V EDITH FOX, Chief Special Master Corcoran Petitioner, Filed: February 28, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Alexa Roggenkamp, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On May 3, 2023, Edith Fox 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”), a defined Table injury, after receiving an influenza (“flu”) vaccine on November 16, 2021. Petition at 1 ¶¶ 1, 10. Petitioner also alleges that she received the flu vaccine within the United States, that she suffered the residual effects of her GBS for more than six months, and that neither she nor any other party has filed a civil action or received compensation for her GBS. Id. at ¶¶ 1, 9-11. 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-00646-UNJ Document 22 Filed 04/08/24 Page 2 of 2 On February 27, 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 believes “that [P]etitioner has satisfied the criteria set forth in the revised Vaccine Injury Table and Qualifications and Aids to Interpretation.” Id. at 5. 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 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_23-vv-00646-1 Date issued/filed: 2024-08-27 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 07/22/2024 ) regarding 27 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-00646-UNJ Document 31 Filed 08/27/24 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-0646V EDITH FOX, Chief Special Master Corcoran Petitioner, Filed: July 22, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Alexa Roggenkamp, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On May 3, 2023, Edith Fox 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”), a defined Table injury, after receiving an influenza (“flu”) vaccine on November 16, 2021. Petition at 1 ¶¶ 1, 10. The case was assigned to the Special Processing Unit of the Office of Special Masters. On February 28, 2024, a ruling on entitlement was issued, finding Petitioner entitled to compensation for her GBS. On July 19, 2024, Respondent filed the attached 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-00646-UNJ Document 31 Filed 08/27/24 Page 2 of 8 joint stipulation,3 requesting that I issued a decision awarding in the amount of $110,000.00 in compensation to Petitioner. Stipulation at ¶ 8. I find the stipulation reasonable and adopt it as my decision awarding damages, on the terms set forth therein. Pursuant to the terms stated in the attached Stipulation, I award $110,000.00 in the form of a check payable to Petitioner. This amount represents compensation for all items of damages that would be available under Section 15(a). Id. The Clerk of Court is directed to enter judgment in accordance with this decision.4 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 Usually, a proffer is filed by Respondent if the parties have reached an informal agreement regarding the appropriate amount of compensation to be awarded after an entitlement determination. However, in a minority of cases, the parties may choose to file a joint stipulation instead, representing more of a compromise regarding the compensation to be awarded. 4 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-00646-UNJ Document 31 Filed 08/27/24 Page 3 of 8 IN THE U~ITED STATES COURT OF FEDERAL CLAIMS OFFfCE OF SPR<.:IAL MASTERS ) EDITH FOX, ) ) Petitioner, ) ) No. 23-646\l V. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND HUMAN ) SERVICES, ) ) Respondent. ) __ ) -----·--·-----·-··---··· ---- STIPULATION The pa11ies hereby stipulate to the following matters: 1. Edith Fox, petitioner, filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-IO to -34 (the "Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt of an influenza ("flu") vaccine, which is a vaccine contained in the Vaccine Injury Table (the ·'Table"), 42 C.F.R. § 100.3 (a). 2. Petitioner received the flu vaccine on November 16, 2021. 1 3. The vaccination was administered within the United States. 4. Petitioner developed Guillain-Ba1re Syndrome ("GBS") within the time period set 1 Though she did not provide a vaccine administration record, the records reflect that petiti9ncr received also a COVID vaccine somewhere between November 19, and November 25, 2021. 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 Secreta1y of Health and Human Services under the Public Readiness and Emergency Preparedness Act (42 U.S.C. §§ 247d-6d, 247d-6e), claims for alleged injuries from COVID-19 countermeasures, including vaccine::s, may be:: compensable under the Counte1measures fnjury Compensation Program ("CICP"). See 85 Fed. Reg. 15198, 15202 (March 17, 2020). Case 1:23-vv-00646-UNJ Document 31 Filed 08/27/24 Page 4 of 8 forth in the Table following receipt of the flu vaccine, and experienced the residual effects of a GBS for more than six months. 5. There is not a preponderance of evidence demonstrating that petitioner's GBS is due to a factor unrelated to vaccination. 6. Petitioner represents that there has been no prior award or settlement of a civi I action for damages on petitioner's behalf as a result of petitioner's condition. 7. Accordingly. petitioner is entitled to compensation under the terms of the Vaccine Act for her GBS Table injury. Therefore, a decision should be entered awarding the compensation described in paragraph 8 of this Stipulation. 8. As soon as practicable after an entry of judgment reflecting a dee-is ion consistent with the tem1S of this Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-2 l (a)(]), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of$110,000.00 in the form of a check payable to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). 9. As soon as practicable after the entry of judgment on entitlement in this case, and after petitioner has filed both a proper and timely election to receive compensation pursuant to 42 U.S.C. § 300aa-2 l (a)(l ), and an application, the parties will submit to further proceedings before the special master to award reasonable attorneys' fees and costs incurred in proceeding upon this petition. I 0. Petitioner and petitioner's attorney represent that compensation to be provided pursuant to this Stipulation is not for any items or services for which the Program is not primmily liable under 42 U.S.C. § 300aa-15(g), to the extent that payment has been made or can 2 Case 1:23-vv-00646-UNJ Document 31 Filed 08/27/24 Page 5 of 8 reasonably be expected to be made under any State compensation programs, insurance policies, Federal or State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C. § 1396 et seq.)), or hy entities that provide health services on a pre-paid basis. 11. Payment made pursuant to paragraph 8 of tbis Stipulation and any amounts awarded pursuant to paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa l5(i), subject to the availability of sufficient statutory funds. 12. The pmties and their attorneys fu1ther agree and stipulate that, except for any award for attorneys' fees and litigation costs, and past unreimbursed expenses, the money provided pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a strict constrnction of 42 U.S.C. § 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-l 5(g) and (h). 13. In return for the payments dcsc1ibe