VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-02064 Package ID: USCOURTS-cofc-1_23-vv-02064 Petitioner: Barbara Plummer Filed: 2023-12-01 Decided: 2024-11-27 Vaccine: influenza Vaccination date: 2022-09-26 Condition: Guillain-Barre syndrome (GBS) causing or contributing to death Outcome: compensated Award amount USD: 465264 AI-assisted case summary: On December 1, 2023, Michelle Russell, as executor of the estate of Barbara Plummer, filed a petition alleging that an influenza vaccination administered to Ms. Plummer on September 26, 2022 caused Guillain-Barre syndrome. The petition further alleged that GBS caused or contributed to Ms. Plummer's death on April 1, 2023. Respondent conceded entitlement in a Rule 4(c) report filed August 29, 2024, agreeing that Ms. Plummer was entitled to compensation for a Table GBS injury. Chief Special Master Brian H. Corcoran found entitlement on August 30, 2024. The public decisions do not describe Ms. Plummer's first neurologic symptoms, hospitalization, respiratory course, treatment, or the clinical circumstances of death. On November 27, 2024, the Chief Special Master awarded $465,264.00 as a lump sum payable to the petitioner. The award consisted of $200,000.00 representative of pain and suffering, $250,000.00 for the death benefit, and $15,264.00 for unreimbursable medical expenses. A later August 19, 2025 decision addressed attorneys' fees and costs only. Theory of causation field: Adult decedent Barbara Plummer; influenza vaccine September 26, 2022; Table GBS alleged to have caused/contributed to death April 1, 2023. COMPENSATED. Respondent conceded entitlement; public text lacks clinical/death circumstances. Entitlement August 30, 2024; damages November 27, 2024. Award $465,264.00 = $200,000.00 pain/suffering + $250,000.00 death benefit + $15,264.00 unreimbursable expenses. Petitioner/executor Michelle Russell. SM Corcoran. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-02064-0 Date issued/filed: 2024-09-30 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 08/30/2024) regarding 20 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-02064-UNJ Document 23 Filed 09/30/24 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-2064V MICHELLE RUSSELL, as executor of Chief Special Master Corcoran the Estate of BARBARA PLUMMER, Petitioner, Filed: August 30, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. David John Carney, Green & Schafle LLC, Philadelphia, PA, for Petitioner. Rachelle Bishop, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On December 1, 2023, Michelle Russell, as executor of the estate of Barbara Plummer, filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq. (the “Vaccine Act”). Petitioner 1 alleges that as a result of an influenza (“flu”) vaccine which Ms. Plummer received on September 26, 2022, Ms. Plummer suffered from Guillain-Barré syndrome (“GBS”), which caused or contributed to her death on April 1, 2023. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On August 29, 2024, Respondent filed his Rule 4(c) report in which he concedes that Petitioner is entitled to compensation in this case. Rule 4(c) Report at 1. Specifically, Respondent agrees that Petitioner satisfies the Table criteria that Ms. Plummer’s flu vaccination caused her GBS. Id. at 3 (citing 42 C.F.R. §§ 100.3(a)(XIV)(D), (c)(15). Respondent also agrees that Petitioner has satisfied all legal prerequisites for compensation under the Act, including that no alternative cause more likely explains Ms. 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. Case 1:23-vv-02064-UNJ Document 23 Filed 09/30/24 Page 2 of 2 Plummer’s condition and that her death was a complication from her GBS. Id. (citing Section 13(a)(1)(B); Section 11(c)(1)(D)(ii)). 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-02064-cl-extra-10734100 Date issued/filed: 2024-09-30 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10267510 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-2064V MICHELLE RUSSELL, as executor of Chief Special Master Corcoran the Estate of BARBARA PLUMMER, Petitioner, Filed: August 30, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. David John Carney, Green & Schafle LLC, Philadelphia, PA, for Petitioner. Rachelle Bishop, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On December 1, 2023, Michelle Russell, as executor of the estate of Barbara Plummer, filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.1 (the “Vaccine Act”). Petitioner alleges that as a result of an influenza (“flu”) vaccine which Ms. Plummer received on September 26, 2022, Ms. Plummer suffered from Guillain-Barré syndrome (“GBS”), which caused or contributed to her death on April 1, 2023. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On August 29, 2024, Respondent filed his Rule 4(c) report in which he concedes that Petitioner is entitled to compensation in this case. Rule 4(c) Report at 1. Specifically, Respondent agrees that Petitioner satisfies the Table criteria that Ms. Plummer’s flu vaccination caused her GBS. Id. at 3 (citing 42 C.F.R. §§ 100.3(a)(XIV)(D), (c)(15). Respondent also agrees that Petitioner has satisfied all legal prerequisites for compensation under the Act, including that no alternative cause more likely explains Ms. 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. Plummer’s condition and that her death was a complication from her GBS. Id. (citing Section 13(a)(1)(B); Section 11(c)(1)(D)(ii)). 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-02064-1 Date issued/filed: 2024-12-27 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 11/27/2024) regarding 27 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-02064-UNJ Document 31 Filed 12/27/24 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-2064V MICHELLE RUSSELL, as executor of Chief Special Master Corcoran the Estate of BARBARA PLUMMER, Petitioner, Filed: November 27, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. David John Carney, Green & Schafle LLC, Philadelphia, PA, for Petitioner. Rachelle Bishop, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON DAMAGES1 On December 1, 2023, Michelle Russell, as executor of the estate of Barbara Plummer, filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq. (the “Vaccine Act”). Petitioner 1 alleges that as a result of an influenza (“flu”) vaccine which Ms. Plummer received on September 26, 2022, Ms. Plummer suffered from Guillain-Barré syndrome (“GBS”), which caused or contributed to her death on April 1, 2023. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On August 30, 2024, a Ruling on Entitlement was issued, finding Petitioner entitled to compensation for GBS corresponding to a listing on the Vaccine Injury Table, 42 C.F.R. §§ 100.3(a)(XIV)(D), (c)(15)). 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. Case 1:23-vv-02064-UNJ Document 31 Filed 12/27/24 Page 2 of 5 On November 26, 2024, Respondent filed the attached proffer. 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 proffer, I award a lump sum of $465,264.00 (including $200,000.00 representative of pain and suffering, $250,000.00 for the death benefit, and $15,264.00 representative of unreimbursable expenses) in the form of a check payable to Petitioner. Proffer at 2. This amount represents compensation for all damages that would be available under Section 15(a). Id. The Clerk of Court is directed to enter judgment in accordance with this decision.2 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 2 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-02064-UNJ Document 31 Filed 12/27/24 Page 3 of 5 THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS MICHELLE RUSSELL, as executor of the Estate of BARBARA PLUMMER, Petitioner, No. 23-2064V v. Chief Special Master Brian H. Corcoran SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. PROFFER ON AWARD OF COMPENSATION1 I. Procedural History On December 1, 2023, Michelle Russell (“petitioner”), as executor of the Estate of Barbara Plummer (“Ms. Plummer”), filed a petition for compensation (“Petition”) under the National Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C. §§ 300aa-1 et seq. (“Vaccine Act” or “the Act”). See generally Petition. Petitioner alleges that Ms. Plummer suffered Guillain-Barré syndrome (“GBS”) as a result of an influenza (“flu”) vaccine administered on September 26, 2022, which resulted in her death on April 1, 2023. Id. On August 29, 2024, respondent filed his Vaccine Rule 4(c) report, recommending that the Court find that Ms. Plummer suffered GBS as defined by the Vaccine Injury Table, within the Table timeframe, and that Ms. Plummer’s death from GBS satisfied the severity requirement. On August 30, 2024, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding that petitioner was entitled to compensation for a GBS Table injury. 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-02064-UNJ Document 31 Filed 12/27/24 Page 4 of 5 II. Items of Compensation Based upon the evidence of record, respondent proffers that petitioner should be awarded a lump sum of $465,264.00, for all damages, including $200,000.00 representative of pain and suffering; $250,000.00 for the death benefit; and $15,264.00 representative of unreimbursable medical expenses. This amount represents all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. III. Form of the Award 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: A lump sum payment of $465,264.00 in the form of a check payable to petitioner. Petitioner agrees. 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 LARA A. ENGLUND Assistant Director Torts Branch, Civil Division Case 1:23-vv-02064-UNJ Document 31 Filed 12/27/24 Page 5 of 5 /s/ Rachelle P. Bishop RACHELLE P. BISHOP Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 (202) 616-3662 Rachelle.P.Bishop@usdoj.gov Dated: November 26, 2024 ================================================================================ DOCUMENT 4: USCOURTS-cofc-1_23-vv-02064-cl-extra-10771998 Date issued/filed: 2024-12-27 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10305410 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-2064V MICHELLE RUSSELL, as executor of Chief Special Master Corcoran the Estate of BARBARA PLUMMER, Petitioner, Filed: November 27, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. David John Carney, Green & Schafle LLC, Philadelphia, PA, for Petitioner. Rachelle Bishop, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON DAMAGES1 On December 1, 2023, Michelle Russell, as executor of the estate of Barbara Plummer, filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.1 (the “Vaccine Act”). Petitioner alleges that as a result of an influenza (“flu”) vaccine which Ms. Plummer received on September 26, 2022, Ms. Plummer suffered from Guillain-Barré syndrome (“GBS”), which caused or contributed to her death on April 1, 2023. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On August 30, 2024, a Ruling on Entitlement was issued, finding Petitioner entitled to compensation for GBS corresponding to a listing on the Vaccine Injury Table, 42 C.F.R. §§ 100.3(a)(XIV)(D), (c)(15)). 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 . On November 26, 2024, Respondent filed the attached proffer. 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 proffer, I award a lump sum of $465,264.00 (including $200,000.00 representative of pain and suffering, $250,000.00 for the death benefit, and $15,264.00 representative of unreimbursable expenses) in the form of a check payable to Petitioner. Proffer at 2. This amount represents compensation for all damages that would be available under Section 15(a). Id. The Clerk of Court is directed to enter judgment in accordance with this decision. 2 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 2 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 THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS MICHELLE RUSSELL, as executor of the Estate of BARBARA PLUMMER, Petitioner, No. 23-2064V v. Chief Special Master Brian H. Corcoran SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. PROFFER ON AWARD OF COMPENSATION1 I. Procedural History On December 1, 2023, Michelle Russell (“petitioner”), as executor of the Estate of Barbara Plummer (“Ms. Plummer”), filed a petition for compensation (“Petition”) under the National Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C. §§ 300aa-1 et seq. (“Vaccine Act” or “the Act”). See generally Petition. Petitioner alleges that Ms. Plummer suffered Guillain-Barré syndrome (“GBS”) as a result of an influenza (“flu”) vaccine administered on September 26, 2022, which resulted in her death on April 1, 2023. Id. On August 29, 2024, respondent filed his Vaccine Rule 4(c) report, recommending that the Court find that Ms. Plummer suffered GBS as defined by the Vaccine Injury Table, within the Table timeframe, and that Ms. Plummer’s death from GBS satisfied the severity requirement. On August 30, 2024, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding that petitioner was entitled to compensation for a GBS Table injury. 1 This Proffer does not include attorneys’ fees and costs, which the parties intend to address after the Damages Decision is issued. II. Items of Compensation Based upon the evidence of record, respondent proffers that petitioner should be awarded a lump sum of $465,264.00, for all damages, including $200,000.00 representative of pain and suffering; $250,000.00 for the death benefit; and $15,264.00 representative of unreimbursable medical expenses. This amount represents all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. III. Form of the Award 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: A lump sum payment of $465,264.00 in the form of a check payable to petitioner. Petitioner agrees. 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 LARA A. ENGLUND Assistant Director Torts Branch, Civil Division /s/ Rachelle P. Bishop RACHELLE P. BISHOP Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 (202) 616-3662 Rachelle.P.Bishop@usdoj.gov Dated: November 26, 2024 ================================================================================ DOCUMENT 5: USCOURTS-cofc-1_23-vv-02064-cl-extra-11142147 Date issued/filed: 2025-09-22 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10675560 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-2064V MICHELLE RUSSELL, as executor of the Estate of BARBARA PLUMMER, Chief Special Master Corcoran Petitioner, Filed: August 19, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. David John Carney, Green & Schafle LLC, Philadelphia, PA, for Petitioner. Rachelle Bishop, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On December 1, 2023, Michelle Russell, as executor, 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 as a result of an influenza (“flu”) vaccine which Ms. Plummer received on September 26, 2022, Ms. Plummer suffered from Guillain-Barré syndrome which caused or contributed to her death on April 1, 2023. Petition, ECF No. 1. On November 27, 2024, I issued a decision awarding compensation to Petitioner based on Respondent’s proffer. ECF No. 27. 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 $64,009.43 (representing $58,971.50 in fees plus $5,037.93 in costs). Application for Attorneys’ Fees and Costs (“Motion”) filed March 5, 2025, ECF No. 32. Furthermore, Petitioner filed a signed statement representing that Petitioner incurred no personal out- of-pocket expenses. ECF No. 32 at 63. Respondent reacted to the motion on March 9, 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. 33. Petitioner filed no reply thereafter. 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. 32 at 42-61. 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 $64,009.43 (representing $58,971.50 in fees plus $5,037.93 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