VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00461
Package ID: USCOURTS-cofc-1_17-vv-00461
Petitioner: Hugh Gose
Filed: 2017-11-15
Decided: 2018-01-11
Vaccine: influenza
Vaccination date: 2015-09-18
Condition: Guillain-Barre Syndrome
Outcome: compensated
Award amount USD: 

AI-assisted case summary:
Hugh Gose filed a petition on November 15, 2017, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that he developed Guillain-Barre Syndrome (GBS) as a result of receiving an influenza vaccine on September 18, 2015. The respondent, the Secretary of Health and Human Services, reviewed the petition and accompanying medical records. In its Rule 4(c) Report, the respondent acknowledged that Mr. Gose's claim qualified as a Table injury under the Act. The respondent specifically stated that medical personnel had reviewed the petition and relevant medical records and concluded that Mr. Gose satisfied the criteria set forth in the Table. The respondent conceded that the evidence demonstrated Mr. Gose suffered from GBS caused by the flu vaccine, with onset occurring within the appropriate timeframe. Based on the respondent's concession and a review of the record, Special Master Brian H. Corcoran found that Mr. Gose is entitled to compensation for a vaccine-related injury. A separate order for damages was to be issued subsequently. Petitioner was represented by Anne Carrion Toale of Maglio Christopher and Toale, and the respondent was represented by Althea Walker Davis of the U.S. Department of Justice.

Theory of causation field:
Petitioner Hugh Gose alleged that he suffered from Guillain-Barre Syndrome (GBS) as a result of receiving an influenza vaccine on September 18, 2015. The respondent conceded that the claim qualified as a Table injury and that the evidence showed GBS was caused by the flu vaccine with onset within the appropriate timeframe. Special Master Brian H. Corcoran found entitlement based on the respondent's concession. A separate damages order was to be issued. Petitioner was represented by Anne Carrion Toale, and Respondent was represented by Althea Walker Davis.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00461-0
Date issued/filed: 2018-01-11
Pages: 2
Docket text: PUBLIC RULING (Originally filed: 11/15/2017) Regarding 14 Ruling on Entitlement (Signed by Special Master Brian H. Corcoran). (cr) Service on parties made.
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Case 1:17-vv-00461-UNJ Document 18 Filed 01/11/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-461V
(Not to be Published)
* * * * * * * * * * * * * * * * * * * * * * * * *
*
HUGH GOSE, *
*
Petitioner, * Filed: November 15, 2017
*
v. *
* Entitlement; Influenza Vaccine;
SECRETARY OF HEALTH * Guillain-Barre Syndrome;
AND HUMAN SERVICES, * Conceded
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Anne Carrion Toale, Maglio Christopher and Toale, Sarasota, FL, for Petitioner.
Althea Walker Davis, U.S. Dep’t of Justice, Washington, DC, for Respondent.
RULING FINDING ENTITLEMENT1
On March 31, 2017, Hugh Gose filed a petition seeking compensation under the National
Vaccine Injury Compensation Program.2 ECF No. 1. Petitioner alleged that he suffered from
Guillain-Barre Syndrome (“GBS”) as a result of receiving the influenza (“flu”) vaccination on
September 18, 2015. Id.
In her Rule 4(c) Report, Respondent acknowledged that Petitioner’s claim is compensable
as a Table injury under the Act. Resp’t’s Rule 4(c) Report, dated Nov. 15, 2017 (ECF No. 13).
Respondent specifically stated that medical personnel at the Division of Injury Compensation
1 Although I am not directing that this ruling 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 (2012), it will nevertheless be made public. As
provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the published ruling’s inclusion of
certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen 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). Otherwise, the whole
ruling will be available to the public. Id.
2 The National Vaccine Injury Compensation Program comprises Part 2 of the National Childhood Vaccine Injury Act
of 1986, Pub. L. No. 99-660, 100 Stat. 3755 (codified as amended at 42 U.S.C. § 300aa-10 through 34 (2012)).

Case 1:17-vv-00461-UNJ Document 18 Filed 01/11/18 Page 2 of 2
Programs, Department of Health and Human Services, have reviewed the petition and
accompanying documents filed in this case, as well as the relevant medical records, and
Respondent has concluded that Petitioner satisfied the criteria set forth in the Table. Id. at 5-6.
Respondent concedes that the evidence shows that Petitioner suffered from GBS as a result of the
flu vaccine, and that onset occurred within the appropriate timeframe. Id. at 5. Respondent
therefore concludes that Petitioner is entitled to an award of damages. Id. at 6.
In view of Respondent’s concession, and based on my own review of the record (see §
300aa-13(a)(1); 42 C.F.R. § 100.3 (a)(I)), I find that Petitioner is entitled to compensation for an
injury that was caused-in-fact by a covered vaccine. 42 C.F.R. §§ 100.3(a)(XIV), 100.3(b)(2). A
separate damages order will be issued shortly.
Any questions may be directed to my law clerk, Cate Rodgers, at (202) 357-6345.
IT IS SO ORDERED.
/s/ Brian H. Corcoran
Brian H. Corcoran
Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_17-vv-00461-1
Date issued/filed: 2019-03-07
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 2/6/2019) Regarding 35 DECISION - Proffer (Signed by Special Master Brian H. Corcoran). (cr) Service on parties made.
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Case 1:17-vv-00461-UNJ Document 38 Filed 03/07/19 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-461V
(Not to be Published)
* * * * * * * * * * * * * * * * * * * * * * * * *
* Special Master Corcoran
HUGH GOSE, *
*
Petitioner, * Filed: February 6, 2019
*
v. *
* Decision by Proffer; Damages;
SECRETARY OF HEALTH * Influenza (“Flu”) Vaccine;
AND HUMAN SERVICES, * Guillain-Barré syndrome (“GBS”).
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Amber D. Wilson, Maglio Christopher and Toale, PA, Washington, DC, for Petitioner.
Althea W. Davis, U.S. Dep’t of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On March 31, 2017, Hugh Gose filed a petition seeking compensation under the National
Vaccine Injury Compensation Program.2 ECF No. 1. Petitioner alleged that he suffered from
Guillain-Barré syndrome (“GBS”) as a result of receiving the influenza (“flu”) vaccine on
September 18, 2015. Petition at 1.
Thereafter, on November 15, 2017, Respondent filed his Rule 4(c) Report indicating that
medical personnel of the Division of Injury Compensation Programs (“DICP”), Department of
1 This Decision will be posted on the United States Court of Federal Claims website, and in accordance with the E-
Government Act of 2002, 44 U.S.C. § 3501 (2012). This means the Decision will be available to anyone with access
to the internet. As provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the published
decision’s inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party
has fourteen 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).
Otherwise, the whole Decision will be available to the public in its current form. Id.
2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660,
100 Stat. 3758, codified as amended at 42 U.S.C. §§ 300aa-10 through 34 (2012) (“Vaccine Act” or “the Act”).
Individual section references hereafter will be to § 300aa of the Act (but will omit that statutory prefix).

Case 1:17-vv-00461-UNJ Document 38 Filed 03/07/19 Page 2 of 4
Health and Human Services concluded that Petitioner has satisfied the criteria for a GBS/flu
vaccine injury as set forth in the Vaccine Injury Table (“Table”). See Rule 4(c) Report, filed
November 15, 2017 (ECF No. 13) at 5-6. According to Respondent, the evidence shows that
Petitioner suffered GBS following administration of the flu vaccine, and that onset occurred within
the time period specified in the Table. Id. at 5. Thus, Respondent indicated that based on his review
of the record Petitioner satisfied all legal prerequisites for compensation under the Act. Id. at 5-6.
I subsequently issued a ruling on entitlement that same day. See ECF No. 14.
On February 5, 2019, Respondent filed a proffer proposing an award of compensation. ECF
No. 34. I have reviewed the file, and based upon that review I conclude that the Respondent’s
proffer (as attached hereto) is reasonable. I therefore adopt it as my decision in awarding damages
on the terms set forth therein.
The proffer awards:
• A lump sum payment of $211,599.62, in the form of a check payable to Petitioner.
Proffer at II. These amounts represent compensation for all elements of compensation under 42
U.S.C. § 300aa-15(a) to which Petitioner is entitled.
I approve a Vaccine Program award in the requested amount set forth above to be made to
Petitioner. 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.3
IT IS SO ORDERED.
/s/ Brian H. Corcoran
Brian H. Corcoran
Special Master
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately)
a notice renouncing their right to seek review.
2

Case 1:17-vv-00461-UNJ Document 38 Filed 03/07/19 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
HUGH GOSE, )
)
Petitioner, ) No. 17-461V
) Special Master Brian Corcoran
v. )
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT'S PROFFER ON AWARD OF COMPENSATION
On March 31, 2017, Hugh Gose (“petitioner”) filed a petition for compensation
(“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -
34 (“Vaccine Act” or “Act”), as amended. Respondent conceded petitioner’s entitlement to
compensation in his Rule 4(c) Report filed on November 15, 2017. Based on Respondent’s Rule
4(c) Report, on November 15, 2017, Special Master Corcoran found petitioner entitled to
compensation.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$211,599.62, which represents all elements of compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
1

Case 1:17-vv-00461-UNJ Document 38 Filed 03/07/19 Page 4 of 4
II. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment of $211,599.62 in the form of a check payable to petitioner.1
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 M. FIELDING
Assistant Director
Torts Branch, Civil Division
s/Althea Walker Davis
ALTHEA WALKER DAVIS
Senior Trial Counsel
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 616-0515
DATED: 5 February 2019
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.
2