VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-01153 Package ID: USCOURTS-cofc-1_23-vv-01153 Petitioner: Luanne Gochnour Filed: 2023-07-25 Decided: 2025-01-22 Vaccine: influenza Vaccination date: 2020-10-16 Condition: Guillain Barre Syndrome Outcome: compensated Award amount USD: 259330 AI-assisted case summary: Luanne Gochnour filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered from Guillain-Barre Syndrome (GBS) caused by an influenza vaccination administered on October 16, 2020. The respondent, the Secretary of Health and Human Services, conceded that Ms. Gochnour is entitled to compensation. The respondent concluded that she satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation for GBS. A ruling on entitlement was issued on April 17, 2024, finding her entitled to compensation. Subsequently, on November 13, 2024, the respondent filed a proffer on award of compensation. The parties agreed to an award of $259,330.83, which includes $242,600.00 for pain and suffering and $16,730.83 for past unreimbursable expenses. This amount represents all elements of compensation to which Ms. Gochnour is entitled. The decision awarding damages was issued on January 22, 2025, granting the lump sum payment to Ms. Gochnour, who is a competent adult. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-01153-0 Date issued/filed: 2024-05-20 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 04/17/2024) regarding 19 Ruling on Entitlement (Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-01153-UNJ Document 22 Filed 05/20/24 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1153V LUANNE GOCHNOUR, Chief Special Master Corcoran Petitioner, Filed: April 17, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Joseph Alexander Vuckovich, Maglio Christopher & Toale, PA, Washington, DC, for Petitioner. Katherine Edwards, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On July 25, 2023, Luanne Gochnour 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 from Guillain Barre Syndrome (“GBS”) caused by an influenza vaccination administered on October 16, 2020. Petition at 1. Petitioner further alleges that the vaccine was administered within the United States, that she suffered from her injury for more than six months, and that she has not filed any other action for her vaccine-related injury. Petition at 1, 5-6. 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-01153-UNJ Document 22 Filed 05/20/24 Page 2 of 2 On April 5, 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 has concluded that Petitioner has satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation for GBS. Id. at 6. Respondent further agrees that Petitioner has satisfied all legal prerequisites for compensation under the Vaccine Act. Id. 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-01153-cl-extra-10735287 Date issued/filed: 2024-05-20 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10268697 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1153V LUANNE GOCHNOUR, Chief Special Master Corcoran Petitioner, Filed: April 17, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Joseph Alexander Vuckovich, Maglio Christopher & Toale, PA, Washington, DC, for Petitioner. Katherine Edwards, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT 1 On July 25, 2023, Luanne Gochnour 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 from Guillain Barre Syndrome (“GBS”) caused by an influenza vaccination administered on October 16, 2020. Petition at 1. Petitioner further alleges that the vaccine was administered within the United States, that she suffered from her injury for more than six months, and that she has not filed any other action for her vaccine-related injury. Petition at 1, 5-6. 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). On April 5, 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 has concluded that Petitioner has satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation for GBS. Id. at 6. Respondent further agrees that Petitioner has satisfied all legal prerequisites for compensation under the Vaccine Act. Id. 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 3: USCOURTS-cofc-1_23-vv-01153-1 Date issued/filed: 2025-01-22 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 12/02/2024) regarding 30 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-01153-UNJ Document 37 Filed 01/22/25 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1153V LUANNE GOCHNOUR, Chief Special Master Corcoran Petitioner, Filed: December 2, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Joseph Alexander Vuckovich, Mctlaw, Washington, DC, for Petitioner. Katherine Edwards, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On July 25, 2023, Luanne Gochnour 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 from Guillain Barre Syndrome (“GBS”) as a result of an influenza vaccine administered on October 16, 2020. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On April 17, 2024, a ruling on entitlement was issued, finding Petitioner entitled to compensation for GBS. On November 13, 2024, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $259,330.83 (comprised of $242,600.00 for pain and suffering, and $16,730.83 for past unreimbursable expenses). Proffer 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. 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-01153-UNJ Document 37 Filed 01/22/25 Page 2 of 5 Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $259,330.83 (comprised of $242,600.00 for pain and suffering, and $16,730.83 for past unreimbursable expenses) 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-01153-UNJ Document 37 Filed 01/22/25 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS LUANNE GOCHNOUR, Petitioner, v. No. 23-1153V Chief Special Master Brian H. Corcoran SECRETARY OF HEALTH AND ECF HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On July 25, 2023, Luanne Gochnour (“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 (“Vaccine Act” or “Act”). Petitioner alleges that she suffered the Vaccine Injury Table injury of Guillain-Barre Syndrome (“GBS”) following an influenza (“flu”) vaccine administered on October 16, 2020. Petition at 1. On April 5, 2024, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that this case is appropriate for compensation under the terms of the Act for a GBS Table injury, and on April 17, 2024, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 18; ECF No. 19. I. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $242,600.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. Case 1:23-vv-01153-UNJ Document 37 Filed 01/22/25 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 $16,730.83. See 42 U.S.C. § 300aa- 15(a)(1)(B). 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 $259,330.83 in the form of a check payable to petitioner. III. Summary of Recommended Payments Following Judgment Lump sum payable to petitioner, Luanne Gochnour: $259,330.83 Respectfully submitted, BRIAN M. BOYNTON Principal Deputy Assistant Attorney General C. SALVATORE D’ALESSIO Director Torts Branch, Civil Division HEATHER PEARLMAN Deputy Director Torts Branch, Civil Division 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-01153-UNJ Document 37 Filed 01/22/25 Page 5 of 5 ALEXIS BABCOCK Assistant Director Torts Branch, Civil Division /s/ Katherine Edwards KATHERINE EDWARDS 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) 742-6374 E-mail: Katherine.Edwards2@usdoj.gov DATED: November 13, 2024 3 ================================================================================ DOCUMENT 4: USCOURTS-cofc-1_23-vv-01153-cl-extra-10785038 Date issued/filed: 2025-01-22 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10318450 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1153V LUANNE GOCHNOUR, Chief Special Master Corcoran Petitioner, Filed: December 2, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Joseph Alexander Vuckovich, Mctlaw, Washington, DC, for Petitioner. Katherine Edwards, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES 1 On July 25, 2023, Luanne Gochnour 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 from Guillain Barre Syndrome (“GBS”) as a result of an influenza vaccine administered on October 16, 2020. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On April 17, 2024, a ruling on entitlement was issued, finding Petitioner entitled to compensation for GBS. On November 13, 2024, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $259,330.83 (comprised of $242,600.00 for pain and suffering, and $16,730.83 for past unreimbursable expenses). Proffer 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. 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). Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $259,330.83 (comprised of $242,600.00 for pain and suffering, and $16,730.83 for past unreimbursable expenses) 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 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS LUANNE GOCHNOUR, Petitioner, v. No. 23-1153V Chief Special Master Brian H. Corcoran SECRETARY OF HEALTH AND ECF HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On July 25, 2023, Luanne Gochnour (“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 (“Vaccine Act” or “Act”). Petitioner alleges that she suffered the Vaccine Injury Table injury of Guillain-Barre Syndrome (“GBS”) following an influenza (“flu”) vaccine administered on October 16, 2020. Petition at 1. On April 5, 2024, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that this case is appropriate for compensation under the terms of the Act for a GBS Table injury, and on April 17, 2024, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 18; ECF No. 19. I. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $242,600.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). 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 $16,730.83. See 42 U.S.C. § 300aa- 15(a)(1)(B). 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 following 1: a lump sum payment of $259,330.83 in the form of a check payable to petitioner. III. Summary of Recommended Payments Following Judgment Lump sum payable to petitioner, Luanne Gochnour: $259,330.83 Respectfully submitted, BRIAN M. BOYNTON Principal Deputy Assistant Attorney General C. SALVATORE D’ALESSIO Director Torts Branch, Civil Division HEATHER PEARLMAN Deputy Director Torts Branch, Civil Division 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 ALEXIS BABCOCK Assistant Director Torts Branch, Civil Division /s/ Katherine Edwards KATHERINE EDWARDS 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) 742-6374 E-mail: Katherine.Edwards2@usdoj.gov DATED: November 13, 2024 3 ================================================================================ DOCUMENT 5: USCOURTS-cofc-1_23-vv-01153-cl-extra-10843583 Date issued/filed: 2025-04-11 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10376995 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1153V LUANNE GOCHNOUR, Chief Special Master Corcoran Petitioner, v. Filed: March 11, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Joseph Alexander Vuckovich, Maglio Christopher & Toale, PA, Washington, DC, for Petitioner. Katherine Edwards, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On July 25, 2023, Luanne Gochnour 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 from Guillain Barre Syndrome (“GBS”) as a result of an influenza vaccine administered on October 16, 2020. Petition at 1. On December 2, 2024, I issued a decision awarding compensation to Petitioner based on the Respondent’s proffer. ECF No. 30. 1Because 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). Petitioner has now filed a motion for attorney’s fees and costs, requesting an award of $91,550.12 (representing $88,582.00 in fees plus $2,968.12 in costs). Motion for Attorneys’ Fees and Costs (“Motion”) filed December 30, 2025, ECF No. 34. Furthermore, Petitioner filed a signed statement representing that no out-of-pocket expenses were incurred. ECF No. 34-4. Respondent reacted to the motion on January 10, 2025, indicating that he is satisfied the statutory requirements for an award of attorneys’ fees and costs are met in this case but deferring resolution of the amount to be awarded to my discretion. Response to Motion at 2-4, ECF No. 35. On January 10, 2025, Petitioner filed a reply stating that attorneys’ fees and costs are reasonable and request they be awarded in full. ECF No. 36. I have reviewed the billing records submitted with Petitioner’s request. In my experience, the request appears reasonable, and I find no cause to reduce the requested hours or rates. Furthermore, Petitioner has provided supporting documentation for all claimed costs. ECF No. 34-3. Respondent offered no specific objection to the rates or amounts sought. I find the requested costs reasonable and hereby award them in full. The Vaccine Act permits an award of reasonable attorney’s fees and costs for successful claimants. Section 15(e). Accordingly, I hereby GRANT Petitioner’s Motion for attorney’s fees and costs. Petitioner is awarded attorneys’ fees and costs in the total amount of $91,550.12 (representing $88,582.00 in attorney’s fees and $2,968.12 for attorneys’ costs) to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement. In the absence of a timely-filed motion for review (see Appendix B to the Rules of the Court), the Clerk of Court shall 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), the parties may expedite entry of judgment by filing a joint notice renouncing their right to seek review. 2