VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00725
Package ID: USCOURTS-cofc-1_17-vv-00725
Petitioner: Sean Oberheim
Filed: 2018-05-25
Decided: 2019-10-17
Vaccine: influenza
Vaccination date: 2015-11-02
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 155000

AI-assisted case summary:
Sean Oberheim filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered Guillain-Barré Syndrome (GBS) caused by the influenza vaccine he received on November 2, 2015. He stated that he received the vaccination in the United States and suffered residual effects of the GBS for more than six months. The respondent conceded that Mr. Oberheim was entitled to compensation, as he met the criteria set forth in the Vaccine Injury Table for GBS, which presumes causation if onset occurs between three and forty-two days after a seasonal flu vaccination and there is no apparent alternative cause. A Ruling on Entitlement was issued on May 25, 2018, finding him entitled to compensation. Subsequently, on July 25, 2019, the parties filed a joint stipulation agreeing that Mr. Oberheim should be awarded $155,000.00. The Chief Special Master issued a Decision Awarding Damages on October 17, 2019, awarding Mr. Oberheim a lump sum of $155,000.00, representing compensation for all damages available under the Vaccine Act. This amount covers all damages, and Mr. Oberheim released the United States and the Secretary of Health and Human Services from further claims related to this vaccination.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00725-0
Date issued/filed: 2018-09-05
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 05/25/2018) regarding 28 Ruling on Entitlement (Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-00725-UNJ Document 34 Filed 09/05/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-0725V
Filed: May 25, 2018
UNPUBLISHED
SEAN OBERHEIM,
Petitioner, Special Processing Unit (SPU);
v. Ruling on Entitlement; Concession;
Table Injury; Influenza (Flu) Vaccine;
SECRETARY OF HEALTH AND Guillain-Barre Syndrome (GBS)
HUMAN SERVICES,
Respondent.
Richard Gage, Richard Gage, P.C. (WY), Cheyenne, WY, for petitioner.
Glenn Alexander MacLeod, U.S. Department of Justice, Washington, DC, for
respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On June 1, 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”) caused by
the influenza vaccine he received on November 2, 2014. Petition at ¶¶ 2, 8. Petitioner
further alleges that he received the vaccination in the United States, suffered the
residual effects of the GBS for more than six months, and that neither he nor anyone
else has filed a civil action or collected an award or settlement for his GBS, alleged as
vaccine caused. Id. at ¶¶ 2, 9-10. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
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-00725-UNJ Document 34 Filed 09/05/18 Page 2 of 2
On May 24, 2018, 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 believes that “petitioner has satisfied the criteria set forth in the
recently revised Vaccine Injury Table (Table) and the Qualifications and Aids to
Interpretation (QAI), which afford petitioner a presumption of vaccine causation if the
onset of GBS occurs between three and forty-two days after a seasonal flu vaccination,
and there is no apparent alternative cause.” Id. at 4.
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

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DOCUMENT 2: USCOURTS-cofc-1_17-vv-00725-1
Date issued/filed: 2019-10-17
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 07/25/2019) regarding 51 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (ypb) Service on parties made.
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Case 1:17-vv-00725-UNJ Document 55 Filed 10/17/19 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-0725V
Filed: July 25, 2019
UNPUBLISHED
SEAN OBERHEIM,
Special Processing Unit (SPU);
Petitioner,
Damages Decision Based on
v.
Stipulation; Influenza (Flu) Vaccine;
Guillain-Barre Syndrome (GBS)
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Richard Gage, Richard Gage, P.C. (WY), Cheyenne, WY, for petitioner.
Glenn Alexander MacLeod, U.S. Department of Justice, Washington, DC, for
respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On June 1, 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”) caused by
the influenza vaccine he received on November 2, 2015. Petition at ¶¶ 2, 8. Petitioner
further alleges that he received the vaccination in the United States, suffered the
residual effects of the GBS for more than six months, and that neither he nor anyone
else has filed a civil action or collected an award or settlement for his GBS, alleged as
vaccine caused. Id. at ¶¶ 2, 9-10. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
1 The undersigned intends to post this decision on the United States Court of Federal Claims' website.
This means the decision will be available to anyone with access to the internet. 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. Because this unpublished decision contains a reasoned explanation for the
action in this case, undersigned is required 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).
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-00725-UNJ Document 55 Filed 10/17/19 Page 2 of 7
On May 25, 2018, a ruling on entitlement was issued, finding petitioner entitled to
compensation for his SIRVA. On July 25, 2019, respondent filed a joint stipulation by
the parties stipulating that petitioner should be awarded $155,000.00. Stipulation at ¶ 8.
Based on the record as a whole, the undersigned finds that petitioner is entitled to an
award as stated in the stipulation.
Pursuant to the terms stated in the attached Stipulation, the undersigned
awards petitioner a lump sum payment of $155,000.00 in the form of a check
payable to petitioner, Sean Oberheim. 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-00725-UNJ Document 55 Filed 10/17/19 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * * * * *
*
SEAN OBERHEIM, *
*
Petitioner, *
*
V. * No. 17-725V (ECF)
* CHIEF SPECIAL MASTER
* NORA BETH DORSEY
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
* * * *
STIPULATION
The parties hereby stipulate to the following matters:
1. Petitioner, Sean Oberheim, filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to 34 (the "Vaccine
Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt
of the trivalent influenza ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table
(the "Table"), 42 C.F.R. § l 00.3 (a).
2. Petitioner received a flu vaccine on or about November 2, 2015.
3. The vaccine was administered within the United States.
4. Petitioner experienced the onset of Guillain-Barre Syndrome ("OBS") within the
Table timeframe following the flu immunization he received on or about November 2, 2015, and
experienced the residual effects of this injury for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on his behalf as a result of his condition.
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Case 1:17-vv-00725-UNJ Document 55 Filed 10/17/19 Page 4 of 7
6. Petitioner has satisfied the criteria set forth in the Table to demonstrate entitlement to
compensation for his GBS.
7. Accordingly, the Chief Special Master issued a Ruling on Entitlement on May 25,
2018, finding petitioner entitled to receive an award of compensation. Therefore, a decision
should be entered awarding compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry of judgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-2l(a)(l), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of $155,000.00 in the form of a check payable to petitioner,
representing compensation for all damages that would be available under 42
U.S.C. § 300aa-15(a).
9. As soon as practicable after the entry of judgment on entitlement in this case, and after
petitioner has filed both a proper and timely election to receive compensation pursuant to 42
U.S.C. § 300aa-2l(a)(l), and an application, the parties will submit to further proceedings before
the special master to award reasonable attorneys• fees and costs incurred in proceeding upon this
petition.
10. Petitioner and his attorney represent that they have identified to respondent all
known sources of payment for items or services for which the Program is not primarily liable
under 42 U.S.C. § 300aa-l 5(g), including State compensation programs, insurance policies,
Federal or State health benefits programs (other than Title XIX of the Social Security Act (42
U.S.C. § 1396 et seq.)), or entities that provide health services on a prepaid basis.
Page 2 of 5

Case 1:17-vv-00725-UNJ Document 55 Filed 10/17/19 Page 5 of 7
11. Payment made pursuant to paragraph 8 of this Stipulation and any amounts awarded
pursuant to paragraph 9 will be made in accordance with 42 U.S.C. § 300aa-l 5(i), subject to the
availability of sufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that, except for any award
for attorney's fees and litigation costs, and past unreimbursed expenses, the money provided
pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a
strict construction of 42 U.S.C. § 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C.
§ 300aa-l 5(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in his
individual capacity, and on behalf of his heirs, executors, administrators, successors, and assigns,
does forever irrevocably and unconditionally release, acquit and discharge the United States and
the Secretary of Health and Human Services from any and all actions or causes of action
(including agreements, judgments, claims, damages, loss of services, expenses and all demands
of whatever kind or nature) that have been brought, could have been brought, or could be timely
brought in the United States Court of Federal Claims, under the National Vaccine Injury
Compensation Program, 42 U.S.C. § 300aa-10 et seq., on account of, or in any way growing out
of, any and all known or unknown, suspected or unsuspected personal injuries to or death of
petitioner resulting from, or alleged to have resulted from, the flu vaccination administered on or
about November 2, 2015, as alleged by petitioner in a petition for vaccine compensation filed on
or about June 1, 2017, in the United States Court of Federal Claims as petition No. l 7-725V.
14. If petitioner should die prior to entry of judgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
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Case 1:17-vv-00725-UNJ Document 55 Filed 10/17/19 Page 6 of 7
15. If the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or if the United States Court of Federal Claims fails to enter judgment in
conformity with a decision that is in complete conformity with the terms of this Stipulation, then
the parties' settlement and this Stipulation shall be voidable at the sole discretion of either party.
16. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
Stipulation may reflect a compromise of the parties' respective positions as to the amount of
damages, and further, that a change in the nature of the injury or condition or in the items of
compensation sought, is not grounds to modify or revise this agreement.
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the flu vaccine caused petitioner's alleged OBS or
any other injury or any of his current disabilities.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
Page 4 of 5

Case 1:17-vv-00725-UNJ Document 55 Filed 10/17/19 Page 7 of 7
Respectfully submitted,
PETITIONER:
~//2//'9
•
SEAN OBERHEIM
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF [!!E.AITORNEY GENERAL:
~- ~
<7..r"'/4J ~L
RICHARD GAGE, ESQ. EE. REEVES
RICHARD GAGE, PC Net>UUI-Oirector
181 5 Pebrican Ave. Civil Division
P.O. Box 1223 U.S. Department of Justice
CheyeMe, WY 82003-1223 P. 0. Box 146
Tel: (307) 433-8864 Benjamin Franklin Station
Washington, D.C. 20044-0146
AUTHORIZED REPRESENTATIVE OF ATTORNEY OF RECORD FOR
THE SECRETARY OF HEALTH AND RESPONDENT:
HUMAN SERVICES: GL//mur#
TAMARA OVERBY
Acting Director, Division of Injury Senior Trial Counsel
Compensation Programs Torts Branch, Civil Division
Healthcare Systems Bureau U.S. Department of Justice
Health Resources and Services Administration P.O. Box 146
U.S. Department of Health Benjamin Franklin Station
and Human Services Washington, D.C. 20044-0146
5600 Fishers Lane Tel: (202) 616-4122
Parklawn Building) Stop--08N 146B
Rockville, MD 20857
Dated, ~
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