VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00844
Package ID: USCOURTS-cofc-1_16-vv-00844
Petitioner: Paul Smith
Filed: 2017-07-28
Decided: 2018-01-26
Vaccine: influenza
Vaccination date: 2015-08-19
Condition: Guillain-Barré syndrome
Outcome: compensated
Award amount USD: 79123

AI-assisted case summary:
On July 18, 2016, Paul Smith filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered Guillain-Barré syndrome (GBS) as a result of an influenza vaccine administered on August 19, 2015. The case was assigned to the Special Processing Unit. Paul Smith passed away after the petition was filed, and Sharon Smith was substituted as the petitioner as the administrator of his estate. The respondent filed a Rule 4(c) report on July 28, 2017, stating that the respondent did not contest entitlement. The respondent agreed that the petitioner satisfied the criteria set forth in the Vaccine Injury Table (Table) and the Qualifications and Aids to Interpretation (QAI), and that the evidence showed GBS following the administration of a seasonal flu vaccine with onset within the Table-specified timeframe. Recognizing that the petitioner could be afforded a presumption of causation under the revised Table, the respondent agreed not to contest entitlement. Based on the respondent's position and the evidence of record, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on January 26, 2018, finding the petitioner entitled to compensation. Subsequently, on January 26, 2018, Chief Special Master Dorsey issued a decision awarding damages. The respondent had filed a proffer on award of compensation in the amount of $79,123.74, with the petitioner agreeing to this amount. The decision states that the petitioner is awarded a lump sum payment of $79,123.74, payable by check to Sharon Smith as administrator of the estate of Paul Smith, representing compensation for all damages available under § 300aa-15(a). The attorneys involved were John Robert Howie for the petitioner and Christine Mary Becer for the respondent. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of causation beyond its classification as a Table injury.

Theory of causation field:
The petitioner alleged that Paul Smith suffered Guillain-Barré syndrome (GBS) as a result of an influenza vaccine administered on August 19, 2015. The respondent did not contest entitlement, agreeing that the petitioner satisfied the criteria set forth in the Vaccine Injury Table (Table) and the Qualifications and Aids to Interpretation (QAI). The respondent further agreed that the evidence showed GBS following the administration of a seasonal flu vaccine, and that the onset occurred within the time period specified in the Table. This case proceeded as a Table claim, affording a presumption of causation. The parties stipulated to damages. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on January 26, 2018, and a decision awarding damages on January 26, 2018. The award was a lump sum of $79,123.74, payable to Sharon Smith as administrator of the estate of Paul Smith. Petitioner's counsel was John Robert Howie, and respondent's counsel was Christine Mary Becer. The public decision does not detail specific medical experts, clinical findings, or the precise mechanism of causation beyond the Table classification.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00844-0
Date issued/filed: 2018-01-26
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 7/28/2017) regarding 41 Ruling on Entitlement. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
--------------------------------------------------------------------------------
Case 1:16-vv-00844-UNJ Document 51 Filed 01/26/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0844V
Filed: July 28, 2017
UNPUBLISHED
SHARON SMITH as Administrator of
the Estate of Paul Smith, deceased, Special Processing Unit (SPU);
Ruling on Entitlement; Uncontested;
Petitioner, Causation-In-Fact; Influenza (Flu)
v. Vaccine; Guillain-Barre Syndrome
(GBS)
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
John Robert Howie, Howie Law, PC, Dallas, TX, for petitioner.
Christine Mary Becer, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On July 18, 2016, Paul Smith filed a petition for compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the “Vaccine
Act”).3 Petitioner alleges that Paul Smith suffered Guillain-Barré syndrome (“GBS”) as a
result of an influenza (“flu”) vaccine administered on August 19, 2015. Petition at 1.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
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. 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).
3 Paul Smith died after the petition was filed, and Sharon Smith was substituted as the petitioner. Sharon
Smith is hereafter referred to as petitioner, and has filed documentation establishing that she is the legal
representative of Mr. Smith’s estate.

Case 1:16-vv-00844-UNJ Document 51 Filed 01/26/18 Page 2 of 2
On July 28, 2017, respondent filed his Rule 4(c) report in which he states that he
does not contest entitlement this case. Respondent’s Rule 4(c) Report at 1.
Specifically, respondent states 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 3-4. Respondent further agrees that 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. Recognizing
that petitioner may re-file his petition and be afforded a presumption of causation under
the revised Table (see 42 U.S.C. § 300aa-16(b)), respondent will not contest entitlement
to compensation in this case. Id.
In view of respondent’s position and the evidence of record, the
undersigned finds that petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master

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DOCUMENT 2: USCOURTS-cofc-1_16-vv-00844-1
Date issued/filed: 2018-01-26
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 7/28/2017) regarding 42 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:16-vv-00844-UNJ Document 52 Filed 01/26/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0844V
Filed: July 28, 2017
UNPUBLISHED
SHARON SMITH, as Administrator of
Special Processing Unit (SPU);
the ESTATE OF PAUL SMITH,
Damages Decision Based on Proffer;
deceased,
Influenza (Flu) Vaccine; Guillain-
Barre Syndrome (GBS)
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
John Robert Howie, Howie Law, PC, Dallas, TX, for petitioner.
Christine Mary Becer, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On July 18, 2016, Paul Smith filed a petition for compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the “Vaccine
Act”).3 Petitioner alleges that Paul Smith suffered Guillain-Barré syndrome (“GBS”) as a
result of an influenza (“flu”) vaccine administered on August 19, 2015. Petition at 1.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
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).
3 Paul Smith died after the petition was filed, and Sharon Smith was substituted as the petitioner. Sharon
Smith is hereafter referred to as petitioner, and has filed documentation establishing that she is the legal
representative of Mr. Smith’s estate.

Case 1:16-vv-00844-UNJ Document 52 Filed 01/26/18 Page 2 of 2
On July 28, 2017, a ruling on entitlement was issued, finding petitioner entitled to
compensation. On July 28, 2017, respondent filed his report pursuant to Vaccine Rule
4(c) which included a proffer on award of compensation indicating petitioner should be
awarded $79,123.74. Respondent’s Report at 4. In the Rule 4 report, respondent
represents that petitioner agrees with the proffered award. Based on the record as a
whole, the undersigned finds that petitioner is entitled to an award as stated in
Respondent’s Report.
Pursuant to the terms set forth in Respondent’s Report, the undersigned
awards petitioner a lump sum payment of $79,123.74, in the form of a check
payable to petitioner. 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.4
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
4 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