VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00082
Package ID: USCOURTS-cofc-1_16-vv-00082
Petitioner: D.J.
Filed: 2016-01-14
Decided: 2018-04-05
Vaccine: influenza
Vaccination date: 2013-11-07
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 825000

AI-assisted case summary:
On January 14, 2016, D.J. filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered Guillain-Barre Syndrome (GBS) after receiving an influenza vaccine on November 7, 2013. The case was assigned to the Special Processing Unit. The public decision does not describe the specific symptoms, onset, medical tests, or treatments D.J. experienced. The parties informed the court of a tentative settlement on March 13, 2017. On June 7, 2017, respondent's counsel indicated that the respondent would not contest entitlement. On June 13, 2017, respondent filed a Rule 4(c) Report stating that D.J. satisfied the criteria for GBS under the revised Vaccine Injury Table, which presumes causation for petitions filed on or after its effective date of March 21, 2017, even though this petition was filed prior to that date. Respondent agreed not to contest entitlement because the evidence showed GBS following a seasonal flu vaccine with onset within the Table's specified timeframe. Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on June 15, 2017, finding D.J. entitled to compensation. Subsequently, on June 21, 2017, respondent filed a Proffer on Award of Compensation, recommending an award of $825,000.00, stating that D.J. agreed to this amount. The Proffer indicated this sum represented all elements of compensation available under 42 U.S.C. § 300aa-15(a). Chief Special Master Dorsey issued a Decision Awarding Damages on June 21, 2017, awarding D.J. a lump sum payment of $825,000.00, payable by check to D.J., for all damages. Petitioner counsel was Nancy Meyers of Ward Black Law, and respondent counsel was Michael Milmoe of the U.S. Department of Justice. The decision was later reissued on April 5, 2018.

Theory of causation field:
Petitioner D.J. alleged Guillain-Barre Syndrome (GBS) following an influenza vaccine administered on November 7, 2013. The respondent did not contest entitlement, stating that petitioner satisfied the criteria set forth in the newly revised Vaccine Injury Table and Qualifications and Aids to Interpretation. Respondent noted that although the revised Table applies to petitions filed on or after March 21, 2017, the evidence showed GBS following a seasonal flu vaccine with onset within the Table's specified time period, entitling petitioner to a presumption of causation. The public text does not name specific medical experts or detail the mechanism of causation beyond the Table presumption. Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on June 15, 2017, finding D.J. entitled to compensation. On June 21, 2017, respondent filed a Proffer recommending an award of $825,000.00, which petitioner accepted. Chief Special Master Dorsey issued a Decision Awarding Damages on June 21, 2017, awarding a lump sum of $825,000.00 to D.J. for all damages under 42 U.S.C. § 300aa-15(a). Petitioner counsel was Nancy Meyers, and respondent counsel was Michael Milmoe. The decision was reissued on April 5, 2018.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00082-0
Date issued/filed: 2018-04-05
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/15/2017) regarding 36 Ruling on Entitlement (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Service on parties made.
--------------------------------------------------------------------------------
Case 1:16-vv-00082-UNJ Document 55 Filed 04/05/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-82V
Filed: June 15, 2017
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
D.J., *
*
Petitioner, * Ruling on Entitlement;
v. * Influenza (Flu) Vaccine;
* Guillain-Barre Syndrome (GBS);
SECRETARY OF HEALTH * Special Processing Unit (SPU)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Nancy Meyers, Ward Black Law, Greensboro, NC, for petitioner.
Michael Milmoe, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On January 14, 2016, petitioner 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-Barre Syndrome (“GBS”)
after receiving the influenza (“flu”) vaccine on November 7, 2013. Petition at 1, ¶ 3, 11.
Petitioner further alleged that he received the vaccination in the United States, has
suffered the residual effects of his injury for more than six months, and has not filed any
action or received compensation for his injuries alleged as vaccine caused. Id. at ¶¶ 3,
11, 13-14. The case was assigned to the Special Processing Unit (“SPU”) of the Office
of Special Masters.
On March 13, 2017, the parties informed the court they had reached a tentative
settlement agreement and a 15-Week Order was issued. (ECF No. 34). On June 7,
2017, respondent’s counsel requested a status conference with the OSM staff attorney
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, the
undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with
the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended
at 44 U.S.C. § 3501 note (2012)). 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, the undersigned agrees that the identified material fits
within this definition, the undersigned 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:16-vv-00082-UNJ Document 55 Filed 04/05/18 Page 2 of 2
substituting for the staff attorney managing this case. See Informal Remark, dated June
7, 2017. During the call held later that same day, respondent’s counsel stated that
respondent would not contest entitlement in this case and that he wished to file a Rule
4(c) Report.
On June 13, 2017, respondent filed his Rule 4(c) Report stating that he “does not
contest entitlement in this matter.” Respondent’s Rule 4(c) Report at 1. Respondent
stated that “[i]t is [his] position that petitioner has satisfied the criteria set forth in the
newly revised Vaccine Injury Table (“Table”) and the Qualifications and Aids to
Interpretation (“QAI”).” Id. at 3. “Although the revised Table only governs petitions filed
on or after the effective date of the final rule [March 21, 2017], the evidence shows that
petitioner suffered GBS following the administration of a seasonal flu vaccine, and that
the onset occurred within the time period specified in the Table.” Id. Because petitioner
would be entitled to “a presumption of causation under the revised Table” if he simply
re-filed his petition, respondent “will not contest entitlement to compensation.” Id.
(citation omitted).
Based on the evidence before me in this case, I find petitioner entitled to
vaccine injury compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
2

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_16-vv-00082-1
Date issued/filed: 2018-04-05
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 06/21/2017) regarding 40 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Service on parties made.
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Case 1:16-vv-00082-UNJ Document 56 Filed 04/05/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0082V
Filed: June 21, 2017
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
D.J., *
*
Petitioner, * Damages Decision Based on Proffer;
v. * Influenza (Flu) Vaccine; Guillain-Barre
* Syndrome (GBS); Special Processing
SECRETARY OF HEALTH * Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Nancy R. Meyers, Ward Black Law, Greensboro, NC, for petitioner.
Michael P. Milmoe, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On January 14, 2016, petitioner 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-Barre Syndrome (“GBS”)
after receiving the influenza (“flu”) vaccine on November 7, 2013. The case was
assigned to the Special Processing Unit (“SPU”) of the Office of Special Masters.
On June 15, 2017, the undersigned issued a ruling on entitlement, finding
petitioner entitled to compensation for GBS. On June 21, 2017, respondent filed a
proffer on award of compensation (“Proffer”) indicating petitioner should be awarded
$825,000.00. Proffer at 1. In the Proffer, respondent represented that petitioner agrees
with the proffered award. Id.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, the
undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with
the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of
Electronic Government Services). 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, the undersigned agrees that the identified material fits
within this definition, the undersigned 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:16-vv-00082-UNJ Document 56 Filed 04/05/18 Page 2 of 4
Based on the record as a whole, the undersigned finds that petitioner is entitled
to an award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $825,000.00 in the form of a check payable to
petitioner, D.J. This amount represents compensation for all damages that would be
available under § 300aa-15(a).
The clerk of the court is directed to enter judgment in accordance with this
decision.3
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
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 1:16-vv-00082-UNJ Document 56 Filed 04/05/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
D.J., )
)
Petitioner, ) No. 16-82V
) Chief Special Master Dorsey
v. ) ECF
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
On June 15, 2016, the Chief Special Master issued a Ruling on Entitlement determining
that petitioner was entitled to vaccine compensation for his Guillain-Barre Syndrome (“GBS”).
Respondent proffers that, based on the evidence of record, petitioner should be awarded
$825,000.00. This amount represents 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
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:1
A lump sum payment of $825,000.00 in the form of a check payable to petitioner, D.J. This
amount accounts for all elements of compensation under 42 U.S.C. § 300aa- 15(a) to which
petitioner would be entitled.
1 Should petitioner die prior to entry of judgment, respondent reserves the right to move the
Court for appropriate relief. In particular, respondent would oppose any award for future
medical expenses, future pain and suffering, and future lost wages.

Case 1:16-vv-00082-UNJ Document 56 Filed 04/05/18 Page 4 of 4
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
CHAD A. READLER
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
GABRIELLE M. FIELDING
Assistant Director
Torts Branch, Civil Division
/s/ Michael P. Milmoe
MICHAEL P. MILMOE
Senior Trial Counsel
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Phone: (202) 616-4125
Dated: June 21, 2017 Fax: (202) 616-4310