VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00242
Package ID: USCOURTS-cofc-1_17-vv-00242
Petitioner: Stephen Acker
Filed: 2017-09-26
Decided: 2019-03-05
Vaccine: influenza
Vaccination date: 2015-10-01
Condition: Guillain-Barré Syndrome (“GBS”)
Outcome: compensated
Award amount USD: 255829

AI-assisted case summary:
Stephen Acker filed a petition for compensation under the National Vaccine Injury Compensation Program on February 21, 2017, alleging that he suffered from Guillain-Barré Syndrome (GBS) as a result of a quadrivalent influenza vaccine received on October 1, 2015. He stated that as a result of GBS, he was rendered largely bed-ridden. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on September 26, 2017, conceding that the petitioner was entitled to compensation. The respondent found that the evidence showed GBS following the influenza vaccine with onset within the time period specified in the revised Vaccine Injury Table, and therefore recognized that the petitioner could re-file and be afforded a presumption of causation under the revised Table. The respondent did not contest entitlement to compensation. Based on the respondent's concession and the evidence of record, Special Master Herbrina Sanders issued a Ruling on Entitlement on September 26, 2017, finding the petitioner entitled to compensation. Subsequently, on January 5, 2019, the respondent filed a Proffer on Award of Compensation. On March 5, 2019, Special Master Sanders issued a Decision Awarding Damages, awarding Stephen Acker a lump sum payment of $255,829.99, representing all elements of compensation to which he would be entitled under 42 U.S.C. § 300aa-15(a). The award was to be paid in the form of a check payable to the petitioner. Petitioner was represented by Paul A. Kinne of Gingras, Cates & Luebke, S.C., and respondent was represented by Lara A. Englund of the United States Department of Justice.

Theory of causation field:
Petitioner Stephen Acker alleged that a quadrivalent influenza vaccine received on October 1, 2015, caused him to develop Guillain-Barré Syndrome (GBS), resulting in him being largely bed-ridden. The respondent conceded entitlement, finding that the evidence showed GBS following the influenza vaccine with onset within the time period specified in the revised Vaccine Injury Table, affording a presumption of causation. Special Master Herbrina Sanders issued a Ruling on Entitlement on September 26, 2017, finding petitioner entitled to compensation. On March 5, 2019, Special Master Sanders awarded petitioner $255,829.99 as a lump sum payment, representing all elements of compensation under 42 U.S.C. § 300aa-15(a). Petitioner was represented by Paul A. Kinne, and respondent by Lara A. Englund.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00242-0
Date issued/filed: 2017-11-03
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 09/26/2017) regarding 18 Ruling on Entitlement. Signed by Special Master Herbrina Sanders. (azc) Copy to parties.
--------------------------------------------------------------------------------
Case 1:17-vv-00242-UNJ Document 21 Filed 11/03/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: September 26, 2017
* * * * * * * * * * * * * *
STEPHEN ACKER, * No. 17-242V
*
Petitioner, * Special Master Sanders
*
v. *
* Ruling on Entitlement; Concession;
SECRETARY OF HEALTH * Causation-In-Fact; Influenza (“Flu”)
AND HUMAN SERVICES, * Vaccine; Guillain-Barré Syndrome
* (“GBS”).
Respondent. *
* * * * * * * * * * * * * *
Paul A. Kinne, Gingras, Cates & Luebke, S.C., Madison, WI, for Petitioner.
Lara A. Englund, United States Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On February 21, 2017, Petitioner filed a petition for compensation under the National
Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-10 to -34 (2012). Petitioner
alleges that he suffered from Guillain-Barré Syndrome (“GBS”) as a result of an influenza
vaccination received on October 1, 2015. Pet. 1, ECF No. 1. The case was assigned to the
undersigned on August 4, 2017. Not. Reassignment, ECF No. 15.
On September 26, 2017, Respondent filed his Rule 4(c) report in which he concedes that
Petitioner is entitled to compensation in this case. Resp’t’s Rep. 1, ECF No. 17. Specifically,
Respondent finds that the evidence shows Petitioner suffered GBS following the administration
of an influenza vaccine, and that the onset occurred within the time period specified in the newly
1 This decision shall be posted 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), a party has 14 days to identify and move to delete medical or other information that
satisfies the criteria in § 300aa-12(d)(4)(B). Further, consistent with the rule requirement, a
motion for redaction must include a proposed redacted decision. If, upon review, the
undersigned agrees that the identified material fits within the requirements of that provision, such
material will be deleted from public access.
2 The Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, 42
U.S.C. §§ 300aa-10 et seq. (hereinafter “Vaccine Act,” “the Act,” or “the Program”). Hereafter,
individual section references will be to 42 U.S.C. § 300aa of the Act.

Case 1:17-vv-00242-UNJ Document 21 Filed 11/03/17 Page 2 of 2
revised Vaccine Injury Table (“Table”).3 Id. at 4-5. Respondent recognizes that Petitioner
“may-re-file this petition and be afforded a presumption of causation under the revised Table.”
Id. at 5. As such, Respondent does not contest entitlement to compensation in this case.
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/Herbrina D. Sanders
Herbrina D. Sanders
Special Master
3 The revised Table only governs petitions filed on or after March 21, 2017. 82 Fed. Reg. 6294
(Jan. 19, 2017) (to be codified at 42 C.F.R. Pt. 100).
2

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DOCUMENT 2: USCOURTS-cofc-1_17-vv-00242-1
Date issued/filed: 2019-03-05
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 02/07/2019) regarding 33 DECISION - Stipulation/Proffer. Signed by Special Master Herbrina Sanders. (mkt) Service on parties made.
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Case 1:17-vv-00242-UNJ Document 34 Filed 03/05/19 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: February 7, 2019
* * * * * * * * * * * * * *
STEPHEN ACKER, * No. 17-242V
*
Petitioner, * Special Master Sanders
*
v. *
*
SECRETARY OF HEALTH * Decision on Proffer; Damages; Influenza
AND HUMAN SERVICES, * (“Flu”) Vaccine; Guillain-Barré Syndrome
* (“GBS”)
Respondent. *
* * * * * * * * * * * * * *
Paul A. Kinne, Gingras, Cates & Luebke, S.C., Madison, WI, for Petitioner.
Lara Ann Englund, United States Department of Justice, Washington, D.C., for Respondent.
DECISION AWARDING DAMAGES1
On February 21, 2017, Stephen Acker (“Petitioner”) filed a petition for compensation
pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-10 to 34
(2012). Petitioner alleged that the quadrivalent influenza vaccine he received on October 1, 2015,
caused him to develop Guillain-Barré Syndrome (“GBS”). Pet. at 1, ECF No. 1. Petitioner further
alleged that “[a]s a result of GBS, [he] was rendered largely bed-ridden[.]” Id. at 3.
On September 26, 2017, Respondent filed a Rule 4(c) Report, in which he concluded that
“[P]etitioner [had] suffered an injury that is compensable under the National Childhood Vaccine
Injury Act of 1986[.]” Resp’t’s Proffer at 1, ECF No. 32. On September 26, 2017, the undersigned
issued a Ruling on Entitlement consistent with Respondent’s Rule 4(c) Report. ECF No. 18.
On January 5, 2019, Respondent filed a Proffer on Award of Compensation (“Proffer”).
1 This decision shall be posted on the website of the United States Court of Federal Claims, 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)). This means the Decision will be available to anyone with access to
the Internet. As provided by Vaccine Rule 18(b), each party has 14 days within which to request redaction
“of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance
and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which
would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). Further, consistent with
the rule requirement, a motion for redaction must include a proposed redacted decision. If, upon review,
the undersigned agrees that the identified material fits within the requirements of that provision, such
material will be deleted from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub L. No. 99-660, 100 Stat. 3755.
1

Case 1:17-vv-00242-UNJ Document 34 Filed 03/05/19 Page 2 of 4
ECF No. 32. 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 Proffer, attached as Appendix A, the undersigned awards
Petitioner:
A lump sum payment of $255,829.99, representing all elements of
compensation to which Petitioner would be entitled under 42 U.S.C. §
300aa-15(a), in the form of a check payable to Petitioner.
Id.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of the
Court shall enter judgment in accordance herewith.3
IT IS SO ORDERED.
s/Herbrina D. Sanders
Herbrina D. Sanders
Special Master
3 Entry of judgment can be expedited by each party’s filing of a notice renouncing the right to seek review.
Vaccine Rule 11(a).
2

Case 1:17-vv-00242-UNJ Document 34 Filed 03/05/19 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
STEPHEN ACKER, )
)
Petitioner, )
)
v. ) No. 17-242V
) Special Master Herbrina Sanders
SECRETARY OF )
HEALTH AND HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On September 26, 2017, respondent filed a Vaccine Rule 4(c) report concluding that
petitioner suffered an injury that is compensable under the National Childhood Vaccine Injury
Act of 1986, as amended, 42 U.S.C. §§300aa-10 to -34. Accordingly, on September 26, 2017,
the Special Master issued a Ruling on Entitlement.
I. Items of Compensation
Respondent proffers that petitioner should be awarded $255,829.99. 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 of $255,829.99 in the form of a check payable to petitioner.1 This
1 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 medical
expenses, future pain and suffering, and future lost wages.

Case 1:17-vv-00242-UNJ Document 34 Filed 03/05/19 Page 4 of 4
lump sum payment represents all elements of compensation to which petitioner would be entitled
under 42 U.S.C. § 300aa-15(a). 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
GABRIELLE FIELDING
Assistant Director
Torts Branch, Civil Division
s/ LARA A. ENGLUND
LARA A. ENGLUND
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) 307-3013
E-mail: lara.a.englund@usdoj.gov
Dated: February 5, 2019
2