VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00124 Package ID: USCOURTS-cofc-1_24-vv-00124 Petitioner: Adam Kasper Filed: 2024-01-26 Decided: 2025-03-14 Vaccine: influenza Vaccination date: 2021-11-07 Condition: Guillain-Barré Syndrome Outcome: compensated Award amount USD: 124485 AI-assisted case summary: Adam Kasper filed a petition for compensation under the National Vaccine Injury Compensation Program on January 26, 2024. He alleged that he suffered Guillain-Barré Syndrome (GBS), a condition listed on the Vaccine Injury Table, after receiving an influenza vaccine on November 7, 2021. Mr. Kasper also alleged that he received the vaccine in the United States, suffered residual effects of his GBS for more than six months, and had not filed a civil action or received compensation for his illness. The case was assigned to the Special Processing Unit. On October 7, 2024, the Respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report conceding that Mr. Kasper was entitled to compensation. The Respondent stated that Mr. Kasper satisfied the criteria set forth in the Vaccine Injury Table and Qualifications and Aids to Interpretation. On October 8, 2024, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement, finding Mr. Kasper entitled to compensation. Subsequently, on February 10, 2025, the Respondent filed a proffer on the award of compensation. Mr. Kasper agreed to the proffered award. On March 14, 2025, Chief Special Master Corcoran issued a Decision Awarding Damages. The court awarded Mr. Kasper a total of $124,485.55. This amount was comprised of $122,500.00 for pain and suffering, $1,030.00 for past unreimbursable expenses, and $955.55 for past lost wages. The award was to be paid as a lump sum through an ACH deposit to Mr. Kasper's counsel's IOLTA account for prompt disbursement. Petitioner was represented by Maximillian J. Muller of Muller Brazil, LLP, and Respondent was represented by Margaret Armstrong of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of causation beyond it being a Table injury. Theory of causation field: Petitioner Adam Kasper filed a petition alleging Guillain-Barré Syndrome (GBS) following an influenza vaccine administered on November 7, 2021. GBS is a condition listed on the Vaccine Injury Table. The Respondent conceded that Petitioner met the criteria for a Table injury. A Ruling on Entitlement was issued on October 8, 2024, finding Petitioner entitled to compensation. On February 10, 2025, Respondent filed a proffer on award of compensation, which Petitioner agreed to. Chief Special Master Brian H. Corcoran issued a Decision Awarding Damages on March 14, 2025. The award totaled $124,485.55, consisting of $122,500.00 for pain and suffering, $1,030.00 for past unreimbursable expenses, and $955.55 for past lost wages, to be paid as a lump sum. Petitioner was represented by Maximillian J. Muller, and Respondent by Margaret Armstrong. The public text does not detail specific medical experts, competing medical theories, or the precise mechanism of causation beyond the Table classification. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_24-vv-00124-0 Date issued/filed: 2024-11-08 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 10/08/2024) regarding 18 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-00124-UNJ Document 20 Filed 11/08/24 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-0124V ADAM KASPER, Chief Special Master Corcoran Petitioner, Filed: October 8, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner. Margaret Armstrong, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On January 26, 2024, Adam Kasper 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 Guillain-Barré Syndrome (“GBS”), a defined Table injury, after receiving an influenza (“flu”) vaccine on November 7, 2021. Petition at 1 ¶¶ 1, 13. Petitioner also alleged that he received the flu vaccine within the United States, that he suffered the residual effects of his GBS illness for more than six months, and that neither he nor any other party has filed a civil action or received compensation for his illness, alleged as vaccine-related. Id. at ¶¶ 9-11. The case was assigned to the Special Processing Unit of the Office of Special Masters. 1 Because this Ruling contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government Services). This means the Ruling will be available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will redact such material from public access. 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2018). Case 1:24-vv-00124-UNJ Document 20 Filed 11/08/24 Page 2 of 2 On October 7, 2024, Respondent filed his Rule 4(c) Report in which he concedes that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1. Specifically, Respondent believes that “Petitioner has satisfied the criteria set forth in the Vaccine Injury Table and Qualifications and Aids to Interpretation.” Id. at 7. 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_24-vv-00124-1 Date issued/filed: 2025-03-14 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 02/11/2025) regarding 24 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-00124-UNJ Document 29 Filed 03/14/25 Page 1 of 5 CORRECTED In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-0124V ADAM KASPER, Chief Special Master Corcoran Petitioner, Filed: February 11, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner. Margaret Armstrong, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On January 26, 2024, Adam Kasper 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 Guillain-Barré Syndrome (“GBS”), a defined Table injury, after receiving an influenza vaccine on November 7, 2021. Petition at 1 ¶¶ 1, 13. The case was assigned to the Special Processing Unit of the Office of Special Masters. On October 8, 2024, a ruling on entitlement was issued, finding Petitioner entitled to compensation for his GBS. On February 10, 2025, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $124,485.55, representing $122,500.00 for pain and suffering, $1,030.00 for past unreimbursable expenses, and $955.55 for past lost wages. Proffer at 1-2. In the Proffer, Respondent 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 1:24-vv-00124-UNJ Document 29 Filed 03/14/25 Page 2 of 5 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. Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $124,485.55, representing $122,500.00 for pain and suffering, $1,030.00 for past unreimbursable expenses, and $955.55 for past 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 1:24-vv-00124-UNJ Document 29 Filed 03/14/25 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) ADAM KASPER, ) ) Petitioner, ) ) No. 24-124V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND HUMAN ) SERVICES, ) ) Respondent. ) ) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On January 26, 2024, Adam Kasper (“petitioner”) filed a petition for compensation 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 he suffered Guillain-Barré Syndrome (“GBS”) that developed following an influenza (“flu”) vaccine administered on November 7, 2021. Petition at 1. On October 7, 2024, respondent filed her Vaccine Rule 4(c) Report, concluding that petitioner suffered GBS as defined by the Vaccine Injury Table, within the Table timeframe. ECF No. 16. On October 8, 2024, Chief Special Master Corcoran issued a Ruling on Entitlement, finding that petitioner was entitled to compensation for a GBS Table injury. ECF No. 18. I. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $122,500.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. Case 1:24-vv-00124-UNJ Document 29 Filed 03/14/25 Page 4 of 5 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 unreimbursable expenses in the amount of $1,030.00. See 42 U.S.C. § 300aa-15(a)(1)(B). Petitioner agrees. C. Lost Wages Evidence supplied by petitioner documents that he incurred past lost wages related to his vaccine-related injury. Respondent proffers that petitioner should be awarded past lost wages in the amount of $955.55. See 42 U.S.C. § 300aa-15(a)(3)(A). 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 $124,485.55 to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner. III. Summary of Recommended Payments Following Judgment Lump sum payable to petitioner, Adam Kasper: $124,485.55 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, unreimbursed expenses, future lost earnings and future pain and suffering. 2 Case 1:24-vv-00124-UNJ Document 29 Filed 03/14/25 Page 5 of 5 Respectfully submitted, BRETT A. SHUMATE Acting Assistant Attorney General C. SALVATORE D’ALESSIO Director Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division ALEXIS B. BABCOCK Assistant Director Torts Branch, Civil Division /s/ Margaret Armstrong MARGARET ARMSTRONG 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) 616-4043 E-mail: margaret.armstrong@usdoj.gov DATED: February 10, 2025 3