VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00779
Package ID: USCOURTS-cofc-1_17-vv-00779
Petitioner: Jerry Sanders
Filed: 2017-06-12
Decided: 2019-08-14
Vaccine: influenza
Vaccination date: 2014-11-05
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 577548

AI-assisted case summary:
Jerry Sanders filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered Guillain-Barre Syndrome (GBS) as a result of his November 5, 2014 influenza vaccination. The respondent conceded that petitioner was entitled to compensation, agreeing that his GBS was consistent with the Vaccine Injury Table for GBS following a seasonal flu vaccination. The respondent further agreed that petitioner suffered sequelae of his injury for more than six months. A ruling on entitlement was issued on July 17, 2018, finding petitioner entitled to compensation. Subsequently, on May 16, 2019, the respondent filed a proffer on award of compensation. The parties agreed to an award of $577,548.45, which included $205,000.00 for pain and suffering, $358,551.00 for lost earnings, and $13,997.45 for past unreimbursed expenses. The Chief Special Master awarded Jerry Sanders the stipulated lump sum payment of $577,548.45.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00779-0
Date issued/filed: 2018-10-17
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 07/17/2018) regarding 38 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-00779-UNJ Document 44 Filed 10/17/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-779V
Filed: July 17, 2018
UNPUBLISHED
JERRY SANDERS,
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.
Diana Lynn Stadelnikas, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner.
Colleen Clemons Hartley, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On June 12, 2018, 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-Barre Syndrome (“GBS”) as a result of
his November 5, 2014 influenza (“flu”) vacccination. Petition at 1-2. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On July 11, 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 “has reviewed the Petition, medical records, and affidavits filed
in this case, and has determined that petitioner’s alleged GBS is consistent with the
Vaccine Injury Table for GBS following the seasonal flu vaccination. It is respondent’s
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-00779-UNJ Document 44 Filed 10/17/18 Page 2 of 2
position that petitioner has satisfied the criteria set forth in the Vaccine Injury Table
(Table) and the Qualifications and Aids to Interpretation (QAI), which afford petitioner a
presumption of 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 5-6.
Respondent further agrees that petitioner suffered sequela of his injury for more than six
months. Id.
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-00779-1
Date issued/filed: 2019-08-14
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 05/16/2019) regarding 56 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-00779-UNJ Document 64 Filed 08/14/19 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-779V
Filed: May 16, 2019
UNPUBLISHED
JERRY SANDERS,
Petitioner,
Special Processing Unit (SPU);
v.
Damages Decision Based on Proffer;
Influenza (Flu) Vaccine; Guillain-
SECRETARY OF HEALTH AND
Barre Syndrome (GBS)
HUMAN SERVICES,
Respondent.
Diana Lynn Stadelnikas, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner.
Colleen Clemons Hartley, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On June 12, 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-Barre Syndrome (“GBS”) as a result of
his November 5, 2014 influenza (“flu”) vaccination. Petition at 1-2. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On July 17, 2018, a ruling on entitlement was issued, finding petitioner entitled to
compensation for GBS. On May 16, 2019, respondent filed a proffer on award of
compensation (“Proffer”) indicating petitioner should be awarded $577,548.45,
representing $205,000.00 for petitioner’s pain and suffering, $358,551.00 for lost
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-00779-UNJ Document 64 Filed 08/14/19 Page 2 of 4
earnings, and $13,997.45 for past unreimbursed expenses. 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.
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $577,548.45, representing $205,000.00 for
petitioner’s pain and suffering, $358,551.00 for lost earnings, and $13,997.45 for
past unreimbursed expenses, in the form of a check payable to petitioner, Jerry
Sanders. 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-00779-UNJ Document 64 Filed 08/14/19 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
JERRY SANDERS, )
)
Petitioner, )
) No. 17-779V
v. ) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On June 12, 2017, Jerry Sanders (“petitioner”) filed a petition for vaccine injury
compensation alleging that he suffered Guillain-Barre Syndrome (“GBS”) as result of a flu
vaccine administered on November 5, 2015. On July 11, 2018, respondent conceded that
entitlement to compensation was appropriate under the terms of the Vaccine Act. On the same
day, Chief Special Master Dorsey issued a Ruling on Entitlement finding that petitioner was
entitled to compensation. The case is now in damages.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$577,548.45, consisting of pain and suffering ($205,000.00); lost earnings ($358,551.00); and
past unreimbursed expenses ($13,997.45), 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-00779-UNJ Document 64 Filed 08/14/19 Page 4 of 4
II. Form of the Award
Respondent recommends that the compensation provided to petitioner be made through a
lump sum payment of $577,548.45 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
HEATHER L. PEARLMAN
Assistant Director
Torts Branch, Civil Division
/s/ Colleen C. Hartley
COLLEEN C. HARTLEY
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Phone: (202) 616-3644
Fax: (202) 353-2988
DATED: May 16, 2019
1 Should petitioner die prior to the entry of judgment, respondent reserves 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