VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-01771 Package ID: USCOURTS-cofc-1_23-vv-01771 Petitioner: Michelle Keith Filed: 2023-10-10 Decided: 2024-09-20 Vaccine: influenza Vaccination date: 2021-10-12 Condition: Guillain-Barre Syndrome Outcome: compensated Award amount USD: 93309 AI-assisted case summary: Michelle Keith filed a petition for compensation under the National Vaccine Injury Compensation Program on October 10, 2023. She alleged that she suffered from Guillain-Barre Syndrome (GBS) following an influenza vaccination received on October 12, 2021, and that her injuries persisted for longer than six months. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on June 12, 2024, conceding that Ms. Keith is entitled to compensation. The respondent stated that Ms. Keith satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation, which afford a presumption of causation if GBS onset occurs between three and forty-two days after a seasonal flu vaccination and there is no apparent alternative cause. On June 14, 2024, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding Ms. Keith eligible for compensation. Subsequently, on August 16, 2024, the respondent filed a proffer on the award of compensation. Ms. Keith agreed to the proffered award. On September 20, 2024, Chief Special Master Corcoran issued a decision awarding Ms. Keith a total of $93,309.17. This amount is comprised of $93,000.00 for pain and suffering and $309.17 for past unreimbursed expenses. The award is in the form of a lump sum check payable to Ms. Keith and represents compensation for all damages available under Section 15(a) of the Vaccine Act. Petitioner counsel was Catherine Wallace Costigan of Maglio Christopher & Toale, PA. Respondent counsel was Katherine Carr Esposito of the U.S. Department of Justice. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of injury. Theory of causation field: Petitioner Michelle Keith alleged Guillain-Barre Syndrome (GBS) following an influenza vaccination on October 12, 2021. Respondent conceded entitlement, stating Petitioner met the criteria for a Table injury, specifically GBS occurring within the Table timeframe (3-42 days post-vaccination) with no apparent alternative cause. The respondent's Rule 4(c) report and subsequent proffer on award of compensation, filed on June 12, 2024, and August 16, 2024, respectively, supported this concession. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on June 14, 2024, finding Petitioner entitled to compensation. A final decision on September 20, 2024, awarded Petitioner $93,309.17 ($93,000.00 for pain and suffering, $309.17 for past unreimbursed expenses). Petitioner counsel was Catherine Wallace Costigan; Respondent counsel was Katherine Carr Esposito. The public text does not name specific medical experts or detail the mechanism of injury beyond the Table presumption. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-01771-0 Date issued/filed: 2024-07-17 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 06/14/2024) regarding 23 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-01771-UNJ Document 26 Filed 07/17/24 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1771V MICHELLE KEITH, Chief Special Master Corcoran Petitioner, Filed: June 14, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Catherine Wallace Costigan, Maglio Christopher & Toale, PA, Washington, DC, for Petitioner. Katherine Carr Esposito, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On October 10, 2023, Michelle Keith 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”) following an influenza vaccination she received on October 12, 2021. Petition at ¶¶ 1, 23. Petitioner further alleges that her injuries have persisted for longer than six months. Petition at ¶ 22. The case was assigned to the Special Processing Unit of the Office of Special Masters. On June 12, 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. 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-01771-UNJ Document 26 Filed 07/17/24 Page 2 of 2 Respondent states that “Petitioner has satisfied the criteria set forth in the Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation (“QAI”), 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 apparent alternative cause.” Id. at 8. 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-01771-cl-extra-10734737 Date issued/filed: 2024-07-17 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10268147 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1771V MICHELLE KEITH, Chief Special Master Corcoran Petitioner, Filed: June 14, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Catherine Wallace Costigan, Maglio Christopher & Toale, PA, Washington, DC, for Petitioner. Katherine Carr Esposito, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT 1 On October 10, 2023, Michelle Keith 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”) following an influenza vaccination she received on October 12, 2021. Petition at ¶¶ 1, 23. Petitioner further alleges that her injuries have persisted for longer than six months. Petition at ¶ 22. The case was assigned to the Special Processing Unit of the Office of Special Masters. On June 12, 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. 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). Respondent states that “Petitioner has satisfied the criteria set forth in the Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation (“QAI”), 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 apparent alternative cause.” Id. at 8. 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-01771-1 Date issued/filed: 2024-09-20 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 08/19/2024) regarding 30 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-01771-UNJ Document 37 Filed 09/20/24 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1771V MICHELLE KEITH, Chief Special Master Corcoran Petitioner, Filed: August 19, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Catherine Wallace Costigan, Maglio Christopher & Toale, PA, Washington, DC, for Petitioner. Katherine Carr Esposito, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On October 10, 2023, Michelle Keith 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”) following an influenza vaccination she received on October 12, 2021. Petition at ¶¶ 1, 11. The case was assigned to the Special Processing Unit of the Office of Special Masters. On June 14, 2024, a ruling on entitlement was issued, finding Petitioner entitled to compensation for her GBS. On August 16, 2024, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $93,309.17, comprised of $93,000.00 for pain and suffering and $309.17 for past unreimbursed 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-01771-UNJ Document 37 Filed 09/20/24 Page 2 of 5 Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $93,309.17, comprised of $93,000.00 for pain and suffering and $309.17 for past unreimbursed 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-01771-UNJ Document 37 Filed 09/20/24 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS MICHELLE KEITH, Petitioner, No. 23-1771V v. Chief Special Master Corcoran ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION1 On October 10, 2023, Michelle Keith (“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 an influenza vaccine on October 12, 2021, she sustained injuries, including Guillain-Barré Syndrome (“GBS”). See Petition. On June 12, 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, and with no apparent alternative cause. ECF No. 20. On June 14, 2024, Chief Special Master Corcoran issued a ruling on entitlement, finding that petitioner was entitled to compensation for a GBS Table injury. ECF No. 23. I. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $93,000.00 in pain and suffering. 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-01771-UNJ Document 37 Filed 09/20/24 Page 4 of 5 See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. B. Past Unreimburseable 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 $309.17. 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 judgment2,3 award the following: A lump sum payment of $93,309.17 in the form of a check payable to petitioner Petitioner agrees. 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. 3 The entry of judgment awarding the compensation described herein in a Decision of the Chief 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. 23-1771V. 2 Case 1:23-vv-01771-UNJ Document 37 Filed 09/20/24 Page 5 of 5 III. Summary of Recommended Payments Following Judgment Lump sum payable to petitioner, Michelle Keith: $93,309.17 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, JR. Assistant Director Torts Branch, Civil Division s/Katherine C. Esposito Katherine C. Esposito 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) 305-3774 katherine.esposito@usdoj.gov Dated: August 16, 2024 3 ================================================================================ DOCUMENT 4: USCOURTS-cofc-1_23-vv-01771-cl-extra-10734203 Date issued/filed: 2024-09-20 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10267613 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1771V MICHELLE KEITH, Chief Special Master Corcoran Petitioner, Filed: August 19, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Catherine Wallace Costigan, Maglio Christopher & Toale, PA, Washington, DC, for Petitioner. Katherine Carr Esposito, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES 1 On October 10, 2023, Michelle Keith 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”) following an influenza vaccination she received on October 12, 2021. Petition at ¶¶ 1, 11. The case was assigned to the Special Processing Unit of the Office of Special Masters. On June 14, 2024, a ruling on entitlement was issued, finding Petitioner entitled to compensation for her GBS. On August 16, 2024, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $93,309.17, comprised of $93,000.00 for pain and suffering and $309.17 for past unreimbursed 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 $93,309.17, comprised of $93,000.00 for pain and suffering and $309.17 for past unreimbursed 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 MICHELLE KEITH, Petitioner, No. 23-1771V v. Chief Special Master Corcoran ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION 1 On October 10, 2023, Michelle Keith (“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 an influenza vaccine on October 12, 2021, she sustained injuries, including Guillain-Barré Syndrome (“GBS”). See Petition. On June 12, 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, and with no apparent alternative cause. ECF No. 20. On June 14, 2024, Chief Special Master Corcoran issued a ruling on entitlement, finding that petitioner was entitled to compensation for a GBS Table injury. ECF No. 23. I. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $93,000.00 in pain and suffering. 1 This Proffer does not include attorneys’ fees and costs, which the parties intend to address after the Damages Decision is issued. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. B. Past Unreimburseable 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 $309.17. 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 judgment2,3 award the following: A lump sum payment of $93,309.17 in the form of a check payable to petitioner Petitioner agrees. 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. 3 The entry of judgment awarding the compensation described herein in a Decision of the Chief 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. 23-1771V. 2 III. Summary of Recommended Payments Following Judgment Lump sum payable to petitioner, Michelle Keith: $93,309.17 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, JR. Assistant Director Torts Branch, Civil Division s/Katherine C. Esposito Katherine C. Esposito 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) 305-3774 katherine.esposito@usdoj.gov Dated: August 16, 2024 3