VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00505
Package ID: USCOURTS-cofc-1_17-vv-00505
Petitioner: Carl Forgey
Filed: 2017-10-11
Decided: 2018-03-01
Vaccine: influenza
Vaccination date: 2015-10-07
Condition: Guillain-Barré syndrome (GBS)
Outcome: compensated
Award amount USD: 150000

AI-assisted case summary:
Carl Forgey 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 October 7, 2015. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report conceding entitlement to compensation. The respondent concluded that petitioner suffered the Table injury of GBS following a flu vaccine within the Table time period and that there was no preponderance of evidence that the GBS was due to an unrelated factor. The respondent also determined that the claim met the statutory severity requirements because the sequelae of GBS lasted for more than six months. Based on the respondent's concession and the evidence of record, the court found petitioner entitled to compensation. Subsequently, the respondent filed a proffer on award of compensation, stating that petitioner should be awarded $150,000.00, which petitioner agreed with. The court awarded Carl Forgey a lump sum payment of $150,000.00.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00505-0
Date issued/filed: 2018-02-14
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/11/2017) regarding 21 Ruling on Entitlement. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:17-vv-00505-UNJ Document 36 Filed 02/14/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-0505V
Filed: October 11, 2017
UNPUBLISHED
CARL FORGEY,
Special Processing Unit (SPU);
Petitioner, Ruling on Entitlement; Concession;
v. Table Injury; Influenza (Flu) Vaccine;
Guillain-Barre Syndrome (GBS)
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
John R. Howie, Jr., Howie Law, PC, Dallas, TX, for petitioner.
Voris E. Johnson, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On April 11, 2017, 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-Barré syndrome (“GBS”) as a result of
an influenza (“flu”) vaccine administered on October 7, 2015. Petition at 1. The case
was assigned to the Special Processing Unit (“SPU”) of the Office of Special Masters.
On October 11, 2017, respondent filed his Rule 4(c) Report in which he
concedes that petitioner is entitled to compensation in this case. Respondent’s Rule
4(c) Report at 1. Specifically, respondent “concluded that petitioner suffered the Table
injury of GBS following a flu vaccine within the Table time period, and there is not a
preponderance of the medical evidence that petitioner’s GBS was due to a factor
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 1:17-vv-00505-UNJ Document 36 Filed 02/14/18 Page 2 of 2
unrelated to the vaccination.” Id. at 5 (citing 42 C.F.R. §100.3(a); 42 U.S.C. §300aa-
13(a)(1)). Respondent also determined that the claim “meets the statutory severity
requirements because petitioner experienced sequelae of his GBS for more than six
months.” Id. (citing 42 U.S.C. §300aa-11(c)(1)(D)(i)). “Therefore, based on the record
as it now stands, compensation is appropriate, as petitioner has satisfied all legal
prerequisites for compensation under the Act.” Id.
In view of respondent’s concession 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_17-vv-00505-1
Date issued/filed: 2018-03-01
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 11/22/2017) regarding 29 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:17-vv-00505-UNJ Document 40 Filed 03/01/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-505V
Filed: November 22, 2017
UNPUBLISHED
CARL FORGEY,
Special Processing Unit (SPU);
Petitioner,
Damages Decision Based on Proffer;
v.
Influenza (Flu) Vaccine; Guillain-
Barre Syndrome (GBS)
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
John Robert Howie, Jr., Howie Law, PC, Dallas, TX, for petitioner.
Voris Edward Johnson, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On April 11, 2017, 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-Barré syndrome (“GBS”) as a result of
an influenza (“flu”) vaccine administered on October 7, 2015. Petition at 1. The case
was assigned to the Special Processing Unit of the Office of Special Masters.
On October 11, 2017, a ruling on entitlement was issued, finding petitioner
entitled to compensation. On November 22, 2017, respondent filed a proffer on award
of compensation (“Proffer”) indicating petitioner should be awarded $150,000.00.
Proffer at 1. In the Proffer, respondent represented that petitioner agrees with the
proffered award. Id. Based on the record as a whole, the undersigned finds that
petitioner is entitled to an award as stated in the Proffer.
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 1:17-vv-00505-UNJ Document 40 Filed 03/01/18 Page 2 of 4
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $150,000.00 in the form of a check payable to
petitioner, Carl Forgey. This amount represents compensation for all damages that
would be available under § 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 1:17-vv-00505-UNJ Document 40 Filed 03/01/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
__________________________________________
)
CARL FORGEY, )
)
Petitioner, )
) No. 17-505V (ECF)
v. ) Chief Special Master Dorsey
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
__________________________________________)
RESPONDENT’S PROFFER ON AWARD OF DAMAGES
On October 11, 2017, respondent, the Secretary of Health and Human Services, filed his
Rule 4(c) Report conceding entitlement to compensation in this matter, and the same day, the
Court entered its Ruling on Entitlement, finding petitioner Carl Forgey entitled to Vaccine Act
compensation. Respondent now proffers that petitioner receive a compensation award consisting
of a lump sum of $150,000.00 in the form of a check payable to petitioner, Carl Forgey.1 This
amount represents compensation for all elements of compensation under 42 U.S.C. § 300aa-
15(a) to which petitioner is entitled.2
Petitioner agrees with the proffered award of $150,000.00.3
1 Petitioner is a competent adult. No guardianship is required.
2 Should petitioner die prior to entry of judgment, respondent would oppose any award for
future medical expenses, future lost earnings, and future pain and suffering, and the parties
reserve the right to move the Court for appropriate relief.
3 This proffer does not include any award for attorneys’ fees and costs that may be awarded
pursuant to 42 U.S.C. § 300aa-15(e).

Case 1:17-vv-00505-UNJ Document 40 Filed 03/01/18 Page 4 of 4
Respectfully submitted,
CHAD A. READLER
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
s/Voris E. Johnson, Jr.
VORIS E. JOHNSON, JR.
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Ben Franklin Station
Washington, D.C. 20044-0146
Direct dial: (202) 616-4136
Dated: November 22, 2017
2