VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-01128 Package ID: USCOURTS-cofc-1_24-vv-01128 Petitioner: Linda Simon Filed: 2025-02-10 Decided: 2025-04-03 Vaccine: influenza Vaccination date: 2023-09-25 Condition: Guillain-Barré syndrome Outcome: compensated Award amount USD: 147715 AI-assisted case summary: Linda Simon filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered from Guillain-Barré syndrome (GBS) as a result of an influenza vaccine administered on September 25, 2023. The respondent, the Secretary of Health and Human Services, conceded that Ms. Simon is entitled to compensation, agreeing that her condition met the criteria set forth in the Vaccine Injury Table for GBS following a seasonal flu vaccine. A Ruling on Entitlement was issued on February 10, 2025, finding her entitled to compensation. Subsequently, on April 3, 2025, a Decision on Damages was issued, adopting a proffer from the respondent. Ms. Simon was awarded a lump sum payment of $147,715.34, which included $146,250.00 for pain and suffering and $1,465.34 for past unreimbursable expenses. This amount represents compensation for all damages available under the Act. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_24-vv-01128-0 Date issued/filed: 2025-03-20 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 02/10/2025) regarding 17 Ruling on Entitlement, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-01128-UNJ Document 24 Filed 03/20/25 Page 1 of 2 CORRECTED In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1128V LINDA SIMON, Chief Special Master Corcoran Petitioner, v. Filed: February 10, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Wendy Cox, Shannon Law Group, P.C., Woodridge, IL, for Petitioner. Irene Angelica Firippis, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On July 24, 2024, Linda Simon 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-Barré syndrome (“GBS”) as a result of an influenza (“flu”) vaccine administered on September 25, 2023. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On February 10, 2025, Respondent filed a Rule 4(c) report in which he concedes that Petitioner is entitled to compensation in this case. Respondent’s Amended Rule 4(c) Report (ECF No. 16) at 1. Specifically, Respondent agrees that Petitioner has satisfied the criteria set forth in the Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation (“QAI”) for GBS following receipt of a seasonal flu vaccine. Id. at 10 (citing 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-01128-UNJ Document 24 Filed 03/20/25 Page 2 of 2 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. Id. (internal citations omitted). 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-01128-cl-extra-10827376 Date issued/filed: 2025-03-20 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10360788 -------------------------------------------------------------------------------- CORRECTED In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1128V LINDA SIMON, Chief Special Master Corcoran Petitioner, v. Filed: February 10, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Wendy Cox, Shannon Law Group, P.C., Woodridge, IL, for Petitioner. Irene Angelica Firippis, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On July 24, 2024, Linda Simon 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-Barré syndrome (“GBS”) as a result of an influenza (“flu”) vaccine administered on September 25, 2023. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On February 10, 2025, Respondent filed a Rule 4(c) report in which he concedes that Petitioner is entitled to compensation in this case. Respondent’s Amended Rule 4(c) Report (ECF No. 16) at 1. Specifically, Respondent agrees that Petitioner has satisfied the criteria set forth in the Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation (“QAI”) for GBS following receipt of a seasonal flu vaccine. Id. at 10 (citing 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). 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. Id. (internal citations omitted). 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_24-vv-01128-1 Date issued/filed: 2025-04-03 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 02/27/2025) regarding 20 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-01128-UNJ Document 27 Filed 04/03/25 Page 1 of 5 CORRECTED In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1128V LINDA SIMON, Chief Special Master Corcoran Petitioner, v. Filed: February 27, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Wendy Cox, Shannon Law Group, P.C., Woodridge, IL, for Petitioner. Irene Angelica Firippis, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON DAMAGES1 On July 24, 2024, Linda Simon 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-Barré syndrome (“GBS”) as a result of an influenza (“flu”) vaccine administered on September 25, 2023. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On February 10, 2025, 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. 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-01128-UNJ Document 27 Filed 04/03/25 Page 2 of 5 On February 26, 2025, 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 payment of $147,715.34 (representing $146,250.00 for pain and suffering, and $1,465.34 for past unreimbursable expenses) to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement 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.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-01128-UNJ Document 27 Filed 04/03/25 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) LINDA SIMON, ) ) Petitioner, ) ) No. 24-1128V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND HUMAN ) SERVICES, ) ) Respondent. ) ) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On July 24, 2024, Linda Simon (“petitioner”) filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act” or “Act”), alleging that she suffered Guillain-Barré Syndrome (“GBS”) following the administration of an influenza vaccine she received on September 25, 2023. Petition at 1-2, 6-7. On February 10, 2025, 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 that same day the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 16; ECF No. 17. I. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $146,250.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. Case 1:24-vv-01128-UNJ Document 27 Filed 04/03/25 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 $1,465.34. See 42 U.S.C. § 300aa- 15(a)(1)(B). Petitioner agrees. The above amounts represent all elements of compensation to which petitioner would be 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 lump sum payments 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 $147,715.34 to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner. Respectfully submitted, MICHAEL GRANSTON Deputy Assistant Attorney General Civil Division 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 2 Case 1:24-vv-01128-UNJ Document 27 Filed 04/03/25 Page 5 of 5 /s/ Irene A. Firippis IRENE A. FIRIPPIS 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) 305-3250 Dated: February 26, 2025 irene.a.firippis@usdoj.gov 3 ================================================================================ DOCUMENT 4: USCOURTS-cofc-1_24-vv-01128-cl-extra-10838869 Date issued/filed: 2025-04-03 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10372281 -------------------------------------------------------------------------------- CORRECTED In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1128V LINDA SIMON, Chief Special Master Corcoran Petitioner, v. Filed: February 27, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Wendy Cox, Shannon Law Group, P.C., Woodridge, IL, for Petitioner. Irene Angelica Firippis, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON DAMAGES1 On July 24, 2024, Linda Simon 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-Barré syndrome (“GBS”) as a result of an influenza (“flu”) vaccine administered on September 25, 2023. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On February 10, 2025, 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. 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 February 26, 2025, 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 payment of $147,715.34 (representing $146,250.00 for pain and suffering, and $1,465.34 for past unreimbursable expenses) to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement 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.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 ) LINDA SIMON, ) ) Petitioner, ) ) No. 24-1128V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND HUMAN ) SERVICES, ) ) Respondent. ) ) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On July 24, 2024, Linda Simon (“petitioner”) filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act” or “Act”), alleging that she suffered Guillain-Barré Syndrome (“GBS”) following the administration of an influenza vaccine she received on September 25, 2023. Petition at 1-2, 6-7. On February 10, 2025, 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 that same day the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 16; ECF No. 17. I. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $146,250.00 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 $1,465.34. See 42 U.S.C. § 300aa- 15(a)(1)(B). Petitioner agrees. The above amounts represent all elements of compensation to which petitioner would be 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 lump sum payments 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 $147,715.34 to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner. Respectfully submitted, MICHAEL GRANSTON Deputy Assistant Attorney General Civil Division 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 2 /s/ Irene A. Firippis IRENE A. FIRIPPIS 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) 305-3250 Dated: February 26, 2025 irene.a.firippis@usdoj.gov 3 ================================================================================ DOCUMENT 5: USCOURTS-cofc-1_24-vv-01128-2 Date issued/filed: 2025-07-18 Pages: 1 Docket text: ERRATA correcting 17 Ruling on Entitlement and 20 DECISION Stipulation/Proffer: Signed by Chief Special Master Brian H. Corcoran. (kb) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-01128-UNJ Document 31 Filed 07/18/25 Page 1 of 1 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1128V LINDA SIMON, Chief Special Master Corcoran Petitioner, v. Filed: July 17, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. ERRATA Pursuant to Rule 60(a) of the Rules of the United States Court of Federal Claims, page 1 of the Court’s Ruling on Entitlement issued on February 10, 2025 (ECF No. 17) and page 1 of the Court’s Decision on Damages issued on February 27, 2025 (ECF No. 20) are hereby corrected to reflect that Petitioner’s attorney of record Wendy Cox is affiliated with Siri & Glimstad LLP in Austin, Texas. IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master