VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01627
Package ID: USCOURTS-cofc-1_16-vv-01627
Petitioner: Joseph C. Webb, III
Filed: 2016-12-08
Decided: 2018-10-29
Vaccine: influenza
Vaccination date: 2014-01-15
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 180000

AI-assisted case summary:
Joseph C. Webb, III filed a petition for compensation on December 8, 2016, alleging that he suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccination he received on January 15, 2014. The respondent filed a Rule 4(c) report on August 9, 2017, stating that they would not contest entitlement to compensation. The respondent acknowledged that Mr. Webb satisfied the criteria set forth in the revised Vaccine Injury Table and the Qualifications and Aids to Interpretation for GBS. A ruling on entitlement was issued on August 9, 2017, finding Mr. Webb entitled to compensation. Subsequently, on September 26, 2018, the respondent filed a proffer on award of compensation, recommending an award of $180,000.00. This amount was comprised of $170,000.00 for pain and suffering and $10,000.00 for past and future medical expenses. Mr. Webb agreed with the proffered award. The Chief Special Master issued a decision awarding Mr. Webb a lump sum payment of $180,000.00 on October 29, 2018, representing compensation for all damages available under the Vaccine Act.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01627-0
Date issued/filed: 2018-02-05
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 8/9/2017) regarding 22 Ruling on Entitlement. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:16-vv-01627-UNJ Document 38 Filed 02/05/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1627V
Filed: August 9, 2017
UNPUBLISHED
JOSEPH C. WEBB, III,
Special Processing Unit (SPU);
Petitioner, Ruling on Entitlement; Uncontested;
v. Causation-In-Fact; Influenza (Flu)
Vaccine; Guillain-Barre Syndrome
SECRETARY OF HEALTH AND (GBS)
HUMAN SERVICES,
Respondent.
Joseph Alexander Vuckovich, Maglio Christopher & Toale, PA, Washington, DC, for
petitioner.
Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On December 8, 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 alleges that he suffered Guillain-Barre Syndrome (“GBS”) as
a result of a January 15, 2014 influenza (“flu”) vaccination. Petition at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On August 9, 2017, respondent filed his Rule 4(c) report in which he states that
he does not contest that petitioner is entitled to compensation in 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
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).

Case 1:16-vv-01627-UNJ Document 38 Filed 02/05/18 Page 2 of 2
Qualifications and Aids to Interpretation (“QAI”) for GBS. Although the revised Table
only governs petitions filed on or after the effective date of the final rule, 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. at
5-6. Respondent further agrees that “[r]egognizing that petitioner may re-file this
petition and be afforded a presumption of causation under the revised Table,
respondent will not contest entitlement to compensation in this case. Id. (internal
citations omitted).
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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_16-vv-01627-1
Date issued/filed: 2018-10-29
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 09/27/2018) regarding 53 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:16-vv-01627-UNJ Document 54 Filed 10/29/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1627V
Filed: September 27, 2018
UNPUBLISHED
JOSEPH C. WEBB, III,
Special Processing Unit (SPU);
Damages Decision Based on Proffer;
Petitioner,
Influenza (Flu) Vaccine; Guillain-
v.
Barre Syndrome (GBS)
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Joseph Alexander Vuckovich, Maglio Christopher & Toale, PA, Washington, DC, for
petitioner.
Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On December 8, 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 alleges that he suffered Guillain-Barre Syndrome (“GBS”) as
a result of an influenza vaccination he received on January 15, 2014. Petition at 1. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On August 9, 2017, a ruling on entitlement was issued, finding petitioner entitled
to compensation for GBS. On September 26, 2018, respondent filed a proffer on award
of compensation (“Proffer”) indicating petitioner should be awarded $180,000.00,
representing $170,000.00 for pain and suffering and $10,000.00 for past and future
medical expenses. Proffer at 1. In the Proffer, respondent represented that petitioner
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-01627-UNJ Document 54 Filed 10/29/18 Page 2 of 4
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 the Proffer.
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $180,000.00, representing $170,000.00 for
petitioner’s pain and suffering and $10,000.00 for past and future medical
expenses, in the form of a check payable to petitioner, Joseph C. Webb, III. 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-01627-UNJ Document 54 Filed 10/29/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
JOSEPH C. WEBB, III,
)
)
Petitioner,
) No. 16-1627V
v.
) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND HUMAN
)
SERVICES,
)
)
Respondent.
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
Petitioner filed his petition for compensation on December 8, 2016, alleging that he
suffered Guillain-Barre Syndrome (“GBS”) as the result of an influenza vaccination. On
August 9, 2017, respondent filed a Rule 4(c) Report, stating that respondent would not contest
entitlement in this case because petitioner had satisfied the criteria set forth in the revised
Vaccine Injury Table and the Qualifications and Aids to Interpretation.1 On the same day, Chief
Special Master Dorsey issued a Ruling on Entitlement, finding that petitioner was entitled to
vaccine compensation for his GBS.
I. Compensation for Vaccine Injury-Related Items
Based on the evidence of record, respondent proffers that petitioner should be awarded
$180,000.00. The $180,000.00 is comprised of $170,000.00 for pain and suffering and
$10,000.00 for past and future medical expenses, and it represents all elements of compensation
to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
1 The revised Table only governs petitions filed on or after March 21, 2017.
1

Case 1:16-vv-01627-UNJ Document 54 Filed 10/29/18 Page 4 of 4
II. Form of the Award
Respondent recommends that the compensation provided to petitioner be made through a
lump sum payment of $180,000.00, in the form of a check payable to petitioner.2 Petitioner
agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
JOSEPH H. HUNT
Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Assistant Director
Torts Branch, Civil Division
s/ Traci R. Patton
TRACI R. PATTON
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Telephone: (202) 353-1589
Dated: September 26, 2018
2 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 lost earnings
and future pain and suffering.
2