VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00841
Package ID: USCOURTS-cofc-1_17-vv-00841
Petitioner: Timothy McClusky
Filed: 2017-06-21
Decided: 2019-02-12
Vaccine: influenza
Vaccination date: 2016-08-23
Condition: Guillain-Barré syndrome
Outcome: compensated
Award amount USD: 204518

AI-assisted case summary:
Timothy McClusky filed a petition for vaccine injury compensation alleging that he developed Guillain-Barré syndrome (GBS) as a result of an influenza vaccine he received on August 23, 2016. The respondent conceded that McClusky's GBS was consistent with the Vaccine Injury Table for GBS following a seasonal flu vaccination and that it was caused by the vaccine. Based on this concession and a review of the record, the Special Master found that McClusky was entitled to compensation. The case then proceeded to damages, where the parties reached a mutually agreed-upon proffer for an award. The Special Master reviewed the proffer and found it reasonable, adopting it as the decision. The award included a lump sum payment of $204,518.52, which represented compensation for pain and suffering, lost earnings, and past unreimbursed expenses. This amount was paid to Timothy McClusky as a competent adult.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00841-0
Date issued/filed: 2018-08-06
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 05/17/2018) regarding 26: Ruling on Entitlement. Signed by Special Master Katherine E. Oler. (dj) Service on parties made.
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Case 1:17-vv-00841-UNJ Document 31 Filed 08/06/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-841V
(Unpublished)
* * * * * * * * * * * * * * * * * * * * * * * * *
*
TIMOTHY MCCLUSKY, * Filed: May 17, 2018
*
Petitioner, * Special Master Oler
*
v. *
* Entitlement; Influenza (“Flu”) Vaccine;
SECRETARY OF HEALTH * Guillain-Barré syndrome (“GBS”).
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Ronald Craig Homer, Conway, Homer, P.C., for Petitioner.
Colleen Clemons Hartley, U.S. Dep’t of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On June 21, 2017, Timothy McClusky (“Petitioner”), filed a petition seeking
compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges that
he developed Guillain-Barré syndrome (“GBS”) as a result of an influenza (“flu”) vaccine that he
received on August 23, 2016. See Petition (“Pet.”) at 1, ECF No. 1.
1 Although this ruling is not formally designated for publication, it will be posted nonetheless on
the United States Court of Federal Claims website, in accordance with the E-Government Act of
2002, 44 U.S.C. § 3501 (2012). As provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the
parties may object to the 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 decision will be available to the public. 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-00841-UNJ Document 31 Filed 08/06/18 Page 2 of 2
In his Rule 4(c) Report, filed on May 11, 2018, Respondent recommends that
compensation be awarded in this case. See Rule 4(c) Report at 1, ECF No. 25. Specifically,
Respondent states that Petitioner’s GBS is “consistent with the Vaccine Injury Table for GBS
following the seasonal flu vaccination, and that it was caused-in-fact by the flu vaccine he
received on August 23, 2016.”3 Id. at 4. Respondent further states that Petitioner “has met the
statutory requirements for entitlement to compensation” (id. at 4-5 (citing 42 U.S.C. § 300aa-
13(a)(1)(B); 42 U.S.C. § 300aa-11(c)(1)(D)), thus concluding that Petitioner has “satisfied all
legal prerequisites for compensation under the Act” (id. at 5).
In light of Respondent’s concession, and based on my own review of the record (see
Section 13(a)(1); 42 C.F.R. § 100.3(a)(II)), I find that Petitioner is entitled to compensation for
an injury that was caused-in-fact by a vaccination.
IT IS SO ORDERED.
s/ Katherine E. Oler
Katherine E. Oler
Special Master
3 The Vaccine Injury Table is located at 42 C.F.R. § 100.3.
2

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DOCUMENT 2: USCOURTS-cofc-1_17-vv-00841-1
Date issued/filed: 2019-02-12
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 12/07/2018) regarding 40 DECISION Stipulation/Proffer. Signed by Special Master Katherine E. Oler. (dd) Service on parties made.
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Case 1:17-vv-00841-UNJ Document 47 Filed 02/12/19 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-841V
(Unpublished)
* * * * * * * * * * * * * * * * * * * * * * * * *
*
TIMOTHY MCCLUSKY, * Filed: December 7, 2018
*
Petitioner, * Special Master Oler
*
v. *
* Decision by Proffer; Damages;
SECRETARY OF HEALTH * Influenza (“Flu”) Vaccine; Guillain-Barré
AND HUMAN SERVICES, * syndrome (“GBS”).
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Colleen Clemons Hartley, U.S. Dep’t of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On June 21, 2017, Timothy McClusky (“Petitioner”), filed a petition seeking
compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleged
that he developed Guillain-Barré syndrome (“GBS”) as a result of an influenza (“flu”) vaccine
that he received on August 23, 2016. See Petition (“Pet.”) at 1, ECF No. 1.
1 Although this ruling is not formally designated for publication, it will be posted nonetheless on the
United States Court of Federal Claims website, in accordance with the E-Government Act of 2002, 44
U.S.C. § 3501 (2012). As provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to
the 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 decision will be
available to the public. 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-00841-UNJ Document 47 Filed 02/12/19 Page 2 of 4
In his Rule 4(c) Report, filed on May 11, 2018, Respondent recommended that
compensation be awarded in this case. See Rule 4(c) Report at 1, ECF No. 25. Specifically,
Respondent stated that Petitioner’s GBS is “consistent with the Vaccine Injury Table for GBS
following the seasonal flu vaccination, and that it was caused-in-fact by the flu vaccine he
received on August 23, 2016.”3 Id. at 4. Respondent further stated that Petitioner “has met the
statutory requirements for entitlement to compensation” (id. at 4-5 (citing 42 U.S.C. § 300aa-
13(a)(1)(B); 42 U.S.C. § 300aa-11(c)(1)(D)), thus concluding that Petitioner has “satisfied all
legal prerequisites for compensation under the Act” (id. at 5). I subsequently issued a ruling on
entitlement on May 17, 2018. ECF No. 26.
On November 29, 2018, Respondent filed a proffer that was mutually agreed-upon with
Petitioner, proposing an award of compensation. ECF No. 39. I have reviewed the file, and,
based upon that review, I conclude that 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 $204,518.52, in the form of a check payable to Petitioner,
Timothy McClusky.
ECF No. 39 at 1-2. This amount represents 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.4
IT IS SO ORDERED.
s/ Katherine E. Oler
Katherine E. Oler
Special Master
3 The Vaccine Injury Table is located at 42 C.F.R. § 100.3.
4 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-00841-UNJ Document 47 Filed 02/12/19 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
TIMOTHY McCLUSKY, )
)
Petitioner, )
) No. 17-841V
v. ) Special Master Oler
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On June 21, 2017, Timothy McClusky (“petitioner”) filed a petition for vaccine injury
compensation alleging that he suffered Guillain-Barre Syndrome (“GBS”) as result of a flu
vaccine administered on August 23, 2016. On May 11, 2018, respondent conceded that
entitlement to compensation was appropriate under the terms of the Vaccine Act. On May 17,
2018, Special Master Oler 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
$204,518.52, consisting of pain and suffering ($150,000.00), lost earnings ($50,871.15); and past
unreimbursed expenses ($3,647.37), which 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 be made through a
1

Case 1:17-vv-00841-UNJ Document 47 Filed 02/12/19 Page 4 of 4
lump sum payment of $204,518.52 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/ 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: November 29, 2018
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