VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00152
Package ID: USCOURTS-cofc-1_17-vv-00152
Petitioner: Dennis Schaefer
Filed: 2017-01-31
Decided: 2017-11-07
Vaccine: influenza
Vaccination date: 2015-09-22
Condition: Guillain-Barré syndrome
Outcome: compensated
Award amount USD: 401347

AI-assisted case summary:
On January 31, 2017, Dennis Schaefer filed a petition alleging that he suffered Guillain-Barré syndrome (GBS) as a result of receiving an influenza vaccine on September 22, 2015. The respondent, the Secretary of Health and Human Services, was represented by Claudia B. Gangi. The petitioner was represented by Jeffrey S. Pop. In a ruling on entitlement dated August 30, 2017, Special Master Laura D. Millman noted that the respondent did not contest entitlement in this matter. Based on the respondent's concession, Special Master Millman ruled that Mr. Schaefer was entitled to damages. The parties subsequently reached a stipulation for an award of compensation, detailed in a decision dated November 7, 2017. The award included compensation for lost earnings and pain and suffering. The total award amount was $401,347.45, comprising $176,347.45 for lost earnings and $225,000.00 for pain and suffering. This award was to be paid as a lump sum check made payable to Dennis Schaefer. The case proceeded as a Table claim, as GBS is listed on the Vaccine Injury Table for the influenza vaccine. The decision was not published.

Theory of causation field:
Petitioner Dennis Schaefer alleged that he suffered Guillain-Barré syndrome (GBS) as a result of an influenza vaccine received on September 22, 2015. The respondent, Secretary of Health and Human Services, represented by Claudia B. Gangi, did not contest entitlement. The case proceeded as a Table claim, as GBS is a condition listed on the Vaccine Injury Table for the influenza vaccine. Special Master Laura D. Millman issued a ruling on entitlement on August 30, 2017, finding petitioner entitled to damages based on respondent's concession. A subsequent decision on November 7, 2017, awarded petitioner $401,347.45, consisting of $176,347.45 for lost earnings and $225,000.00 for pain and suffering, as detailed in respondent's proffer on award of compensation. Petitioner's counsel was Jeffrey S. Pop. The public decision does not describe the specific medical or scientific mechanism of causation, nor does it name any medical experts.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00152-0
Date issued/filed: 2017-09-25
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/30/2017) regarding 15 Ruling on Entitlement Signed by Special Master Laura D Millman. (tlf) Copy to parties.
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Case 1:17-vv-00152-UNJ Document 17 Filed 09/25/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-152V
Filed: August 30, 2017
Not for Publication
*************************************
DENNIS SCHAEFER, *
*
Petitioner, *
Guillain-Barré syndrome (“GBS”);
*
influenza (“flu”) vaccine;
v. *
respondent does not contest
*
entitlement
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Jeffrey S. Pop, Beverly Hills, CA, for petitioner.
Claudia B. Gangi, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On January 31, 2017, petitioner filed a petition under the National Childhood Vaccine
Injury Act, 42 U.S.C. §§ 300aa-10–34 (2012) alleging that he suffered Guillain-Barré syndrome
(“GBS”) as a result of his receipt of influenza (“flu”) vaccine on September 22, 2015. Pet. at 1.
The undersigned held the initial status conference on May 1, 2017. During the status
conference, the undersigned ordered respondent to file a status report by June 30, 2017 indicating
his view of the case. After requesting and receiving an extension of time, respondent filed a status
report on July 31, 2017 saying he wanted to file a Rule 4(c) Report. On July 31, 2017 the
undersigned ordered respondent to file his Rule 4(c) Report by August 31, 2017.
On August 30, 2017, respondent filed a Rule 4(c) Report. On page 1 of his report,
1 Because this unpublished ruling contains a reasoned explanation for the special master’s action in this
case, the special master intends to post this unpublished decision 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). Vaccine Rule 18(b) states that
all decisions of the special masters will be made available to the public unless they contain trade secrets
or commercial or financial information that is privileged and confidential, or medical or similar
information whose disclosure would constitute a clearly unwarranted invasion of privacy. When such a
decision is filed, petitioner has 14 days to identify and move to redact such information prior to the
document’s disclosure. If the special master, upon review, agrees that the identified material fits within
the banned categories listed above, the special master shall redact such material from public access.

Case 1:17-vv-00152-UNJ Document 17 Filed 09/25/17 Page 2 of 2
respondent writes “he does not contest entitlement in this matter.” Resp’t’s Rep. at 1. Because
respondent does not contest entitlement, the undersigned rules that petitioner is entitled to
damages.
Petitioner made a demand on May 31, 2017. The undersigned will schedule a telephonic
status conference to discuss settlement negotiations.
IT IS SO ORDERED.
Dated: August 30, 2017 s/ Laura D. Millman
Laura D. Millman
Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_17-vv-00152-1
Date issued/filed: 2017-12-05
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 11/07/2017) regarding 22 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlf) Copy to parties.
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Case 1:17-vv-00152-UNJ Document 26 Filed 12/05/17 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-152V
Filed: November 7, 2017
Not for Publication
*************************************
DENNIS SCHAEFER, *
*
Petitioner, *
Damages decision based on
*
proffer; Guillain-Barré syndrome
v. *
(“GBS”); influenza (“flu”) vaccine
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Jeffrey S. Pop, Beverly Hills, CA, for petitioner.
Claudia B. Gangi, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES1
On January 31, 2017, petitioner filed a petition under the National Childhood Vaccine
Injury Act, 42 U.S.C. §§ 300aa-10–34 (2012), alleging that he suffered Guillain-Barré syndrome
(“GBS”) as a result of the influenza (“flu”) vaccination he received on September 22, 2015.
Respondent stated in his Rule 4(c) Report filed on August 30, 2017 that he does not contest
entitlement in this case.
On November 7, 2017, respondent filed Respondent’s Proffer on Award of
Compensation. The undersigned finds the terms of the proffer to be reasonable. Based on the
1 Because this decision contains a reasoned explanation for the special master's action in this case, the
special master intends to post this decision on the United States Court of Federal Claims's website, in
accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made available to the
public unless they contain trade secrets or commercial or financial information that is privileged and
confidential, or medical or similar information whose disclosure would constitute a clearly unwarranted
invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and move to redact
such information prior to the document=s disclosure. If the special master, upon review, agrees that the
identified material fits within the banned categories listed above, the special master shall redact such
material from public access.

Case 1:17-vv-00152-UNJ Document 26 Filed 12/05/17 Page 2 of 5
record as a whole, the undersigned finds that petitioner is entitled to the award as stated in the
proffer. Pursuant to the terms stated in the attached proffer, the court awards a lump sum
payment of $401,347.45, representing compensation for lost earnings ($176,347.45) and pain
and suffering ($225,000.00), representing all elements of compensation to which petitioner
would be entitled under 42 U.S.C. § 300aa-15(a). The award shall be in the form of a check for
$401,347.45 made payable to petitioner, Dennis Schaefer.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court is directed to enter judgment herewith.2
IT IS SO ORDERED.
Dated: November 7, 2017 /s/ Laura D. Millman
Laura D. Millman
Special Master
2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or
jointly, filing a notice renouncing the right to seek review.
2

Case 1:17-vv-00152-UNJ Document 26 Filed 12/05/17 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
_________________________________________
)
DENNIS SCHAEFER, )
)
Petitioner, )
) No. 17-152V
v. ) Special Master Millman
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
__________________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
A. Lost Earnings
The parties agree that based upon the evidence of record, Dennis Schaefer has suffered a
past loss of earnings as a result of his vaccine-related injury, and will suffer loss of earnings in
the future. Therefore, respondent proffers that the Court should award Dennis Schaefer a lump
sum of $176,347.45 for his lost earnings as provided under the Vaccine Act, 42 U.S.C. § 300aa-
15(a)(3)(A). Petitioner agrees.
B. Pain and Suffering
Respondent proffers that the Court should award Dennis Schaefer a lump sum of
$225,000.00 for his actual and projected pain and suffering. This amount reflects that the award
for projected pain and suffering has been reduced to net present value. See § 300aa-15(a)(4).
Petitioner agrees.

Case 1:17-vv-00152-UNJ Document 26 Filed 12/05/17 Page 4 of 5
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment as described below and request that the Special Master’s decision
and the Court’s judgment award the following1: a lump sum payment of $401,347.45,
representing compensation for lost earnings ($176,347.45), and pain and suffering
($225,000.00), in the form of a check payable to petitioner, Dennis Schaefer.
III. Summary of Recommended Payment Following Judgment
Lump sum payable to petitioner: $401,347.45
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
1 Should petitioner predecease entry of judgment, the parties reserve the right to move the Court
for appropriate relief. In particular, respondent would oppose any award for future pain and
suffering and future loss of earnings.

Case 1:17-vv-00152-UNJ Document 26 Filed 12/05/17 Page 5 of 5
/s/ Claudia B. Gangi
CLAUDIA B. GANGI
Senior 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) 616-4138
Dated: November 7, 2017