VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-02012 Package ID: USCOURTS-cofc-1_23-vv-02012 Petitioner: Ricky Carter Filed: 2023-11-20 Decided: 2025-06-06 Vaccine: influenza Vaccination date: 2022-10-10 Condition: Guillain-Barré syndrome (GBS) Outcome: compensated Award amount USD: 414201.57 AI-assisted case summary: On November 20, 2023, Ricky Carter filed a petition alleging Guillain-Barré syndrome after an influenza vaccination administered on October 10, 2022. Respondent conceded entitlement on September 16, 2024, agreeing that the claim satisfied the Vaccine Injury Table criteria for GBS after a seasonal flu vaccine. Chief Special Master Brian H. Corcoran granted entitlement on September 19, 2024. The public damages proffer does not describe Mr. Carter’s clinical course in detail, but it identifies the compensated harms. Respondent proffered $414,201.57, and Mr. Carter agreed. On June 6, 2025, the Special Master awarded that amount as a lump sum, consisting of $160,000.00 for pain and suffering, $9,614.57 for past unreimbursable expenses, and $244,587.00 for lost wages related to the vaccine injury. Theory of causation field: Adult petitioner; influenza vaccine October 10, 2022; Table Guillain-Barré syndrome. COMPENSATED. Respondent conceded GBS Table entitlement; public text lacks detailed clinical chronology. Entitlement September 19, 2024; damages June 6, 2025. Award $414,201.57 = $160,000.00 pain/suffering + $9,614.57 expenses + $244,587.00 lost wages. Chief SM Brian H. Corcoran. Petition filed November 20, 2023. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-02012-0 Date issued/filed: 2024-10-22 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 09/19/2024) regarding 26 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-02012-UNJ Document 29 Filed 10/22/24 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-2012V RICKY CARTER, Chief Special Master Corcoran Petitioner, Filed: September 19, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jamie A. Robinson, Mctlaw, Washington, DC, for Petitioner. Lynn Christina Schlie, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On November 20, 2023, Ricky Carter 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 he suffered from Guillain-Barre Syndrome (“GBS”) following an influenza vaccination he received on October 10, 2022. Petition at ¶¶ 3, 30. Petitioner further alleges that is “vaccine-related injuries have lasted more than six months”. Petition at ¶ 31. The case was assigned to the Special Processing Unit of the Office of Special Masters. On September 16, 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. Respondent that it is his “position that Petitioner has satisfied the criteria set 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-02012-UNJ Document 29 Filed 10/22/24 Page 2 of 2 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 within three and forty-two days after a seasonal flu vaccination, and there is no apparent alternative cause.” Id. at 6. Respondent further agrees that “Petitioner has satisfied all legal prerequisites for compensation under the 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-02012-cl-extra-10733938 Date issued/filed: 2024-10-22 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10267348 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-2012V RICKY CARTER, Chief Special Master Corcoran Petitioner, Filed: September 19, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jamie A. Robinson, Mctlaw, Washington, DC, for Petitioner. Lynn Christina Schlie, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT 1 On November 20, 2023, Ricky Carter 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 he suffered from Guillain-Barre Syndrome (“GBS”) following an influenza vaccination he received on October 10, 2022. Petition at ¶¶ 3, 30. Petitioner further alleges that is “vaccine-related injuries have lasted more than six months”. Petition at ¶ 31. The case was assigned to the Special Processing Unit of the Office of Special Masters. On September 16, 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. Respondent that it is his “position that Petitioner has satisfied the criteria set 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). 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 within three and forty-two days after a seasonal flu vaccination, and there is no apparent alternative cause.” Id. at 6. Respondent further agrees that “Petitioner has satisfied all legal prerequisites for compensation under the 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-02012-1 Date issued/filed: 2025-07-08 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 06/06/2025) regarding 41 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-02012-UNJ Document 48 Filed 07/08/25 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-2012V RICKY CARTER, Chief Special Master Corcoran Petitioner, Filed: June 6, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Catherine Wallace Costigan, Maglio Christopher & Toale, PA, Washington, DC, for Petitioner. Lynn Christina Schlie, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On November 20, 2023, Ricky Carter 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 he suffered from Guillain-Barre Syndrome (“GBS”) following an influenza vaccine he received on October 10, 2022. Petition at ¶¶ 3, 15, 29. The case was assigned to the Special Processing Unit of the Office of Special Masters. On September 19, 2024, a ruling on entitlement was issued, finding Petitioner entitled to compensation for his GBS. On June 5, 2025, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $414,201.57, comprised of $160,000.00 for pain and suffering, $9,614.57 for past unreimbursable expenses, and $244,587.00 in lost wages. 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-02012-UNJ Document 48 Filed 07/08/25 Page 2 of 5 Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $414,201.57, comprised of $160,000.00 for pain and suffering, $9,614.57 for past unreimbursable expenses, and $244,587.00 in lost wages, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement 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-02012-UNJ Document 48 Filed 07/08/25 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS __________________________________________ ) RICKY CARTER, ) ) Petitioner, ) No. 23-2012V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH ) AND HUMAN SERVICES, ) ) Respondent. ) __________________________________________) PROFFER ON AWARD OF COMPENSATION On November 20, 2023, Ricky Carter (“petitioner”) filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-10 et seq., alleging that an influenza (“flu”) vaccine administered to him on October 10, 2022, caused him to develop Guillain-Barré Syndrome (“GBS”). Petition at 1. On September 19, 2024, Chief Special Master Corcoran issued a Ruling on Entitlement finding that petitioner is entitled to compensation. ECF No. 26. Respondent now proffers the following regarding the amount of compensation to be awarded. I. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $160,000.00 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 he incurred past unreimbursable expenses related to his vaccine-related injury. Respondent proffers that petitioner should be awarded past Case 1:23-vv-02012-UNJ Document 48 Filed 07/08/25 Page 4 of 5 unreimbursable expenses in the amount of $9,614.57. See 42 U.S.C. § 300aa-15(a)(1)(B). Petitioner agrees. C. Lost Wages Evidence supplied by petitioner documents that he incurred lost wages related to his vaccine-related injury. Respondent proffers that petitioner should be awarded lost wages in the amount of $244,587.00. See 42 U.S.C. § 300aa-15(a)(3)(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 of $414,201.57, to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner. Petitioner agrees. Respectfully submitted, YAAKOV M. ROTH Acting Assistant Attorney General C. SALVATORE D’ALESSIO Director Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division COLLEEN C. HARTLEY Assistant Director Torts Branch, Civil Division 2 Case 1:23-vv-02012-UNJ Document 48 Filed 07/08/25 Page 5 of 5 /s/ Lynn C. Schlie LYNN C. SCHLIE 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) 616-3667 Email: lynn.schlie@usdoj.gov DATED: June 5, 2025 3 ================================================================================ DOCUMENT 4: USCOURTS-cofc-1_23-vv-02012-cl-extra-11176455 Date issued/filed: 2025-10-23 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10709868 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-2012V RICKY CARTER, Chief Special Master Corcoran Petitioner, v. Filed: September 3, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Catherine Wallace Costigan, Maglio Christopher & Toale, PA, Washington, DC, for Petitioner. Lynn Christina Schlie, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On November 20, 2023, Ricky Carter, 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 alleged that he suffered from Guillain-Barre Syndrome following an influenza vaccine he received on October 10, 2022. Petition, ECF No. 1. On June 6, 2025, I issued a decision awarding compensation to Petitioner based on Respondent’s proffer. ECF No. 41. 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 inf ormation, 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 f rom 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 ref erences 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 $77,728.74 (representing $76,116.00 in fees plus $1,612.74 in costs). Application for Attorneys’ Fees and Costs (“Motion”) filed June 18, 2025, ECF No. 45. Furthermore, Petitioner filed a signed statement representing that Petitioner incurred no personal out- of-pocket expenses. ECF No. 45-4. Respondent reacted to the motion on June 20, 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. Motion at 2-4, ECF No. 46. Petitioner filed a reply requesting an award of fees and costs as indicated in the Motion. ECF No. 47. 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. 45-3. 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 $77,728.74 (representing $76,116.00 in fees plus $1,612.74 in 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 f iling a joint notice renouncing their right to seek review. 2