VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00890
Package ID: USCOURTS-cofc-1_17-vv-00890
Petitioner: Jack Damron
Filed: 2017-06-29
Decided: 2018-09-05
Vaccine: influenza
Vaccination date: 
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 358190

AI-assisted case summary:
Jackie Dwayne Damron, as Administrator of the Estate of Jack Damron, Deceased, filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition alleged that Jack Damron suffered from Guillain-Barre Syndrome (GBS), a condition listed on the Vaccine Injury Table, after receiving the seasonal influenza vaccine. The respondent, the Secretary of Health and Human Services, conceded entitlement to compensation, agreeing that the alleged injury met the requirements of the Vaccine Injury Table for GBS following the flu vaccination. A ruling on entitlement was issued on April 23, 2018, finding Jack Damron entitled to compensation. Subsequently, on May 23, 2018, the parties submitted a proffer on award of compensation. The court awarded Jackie Dwayne Damron, as Administrator of the Estate of Jack Damron, Deceased, a lump sum payment of $358,190.88, representing compensation for all damages available under the Act.

Theory of causation field:
Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_17-vv-00890-0
Date issued/filed: 2018-08-22
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/23/2018) regarding 26 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
--------------------------------------------------------------------------------
Case 1:17-vv-00890-UNJ Document 42 Filed 08/22/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-890V
Filed: April 23, 2018
UNPUBLISHED
JACKIE DWAYNE DAMRON, as the
Administrator of the Estate of JACK
DAMRON, Deceased,
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.
William E. Cochran, Jr., Black McLaren Jones Ryland & Griffee, P.C., Memphis, TN , for
petitioner.
Daniel Anthony Principato, U.S. Department of Justice, Washington, DC, for
respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On June 29, 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 his deceased father, Jack Damron, suffered the table injury
of the Guillain-Barré Syndrome (“GBS”) after receiving the seasonal influenza vaccine.
Petition at 1. 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-00890-UNJ Document 42 Filed 08/22/18 Page 2 of 2
On April 23, 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 concluded that petitioner’s alleged injury meets the
requirements of the Vaccine Injury Table for GBS following the seasonal flu
vaccination.” Id. at 6. Respondent further agrees that “petitioner has satisfied all legal
prerequisites for compensation under the Act.” 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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_17-vv-00890-1
Date issued/filed: 2018-09-05
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 05/23/2018) regarding 32 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
--------------------------------------------------------------------------------
Case 1:17-vv-00890-UNJ Document 43 Filed 09/05/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-0890V
Filed: May 23, 2018
UNPUBLISHED
JACKIE DWAYNE DAMRON, as
Administrator of the Estate of JACK
DAMRON, Deceased,
Special Processing Unit (SPU);
Damages Decision Based on Proffer;
Petitioner,
Influenza (Flu) Vaccine; Guillain-
v.
Barre Syndrome (GBS)
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
William E. Cochran, Jr., Black McLaren Jones Ryland & Griffee, P.C., Memphis, TN, for
petitioner.
Kathryn Ann Robinette, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On June 29, 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 his deceased father, Jack Damron, suffered the table injury
of the Guillain-Barré Syndrome (“GBS”) after receiving the seasonal influenza vaccine.
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On April 23, 2018, a ruling on entitlement was issued, finding petitioner entitled to
compensation. On May 23, 2018, respondent filed a proffer on award of compensation
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-00890-UNJ Document 43 Filed 09/05/18 Page 2 of 4
(“Proffer”) indicating petitioner should be awarded $358,190.88. 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 $358,190.88 in the form of a check payable to
petitioner, Jackie Dwayne Damron, as Administrator of the Estate of Jack
Damron, Deceased. 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-00890-UNJ Document 43 Filed 09/05/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
JACKIE DWAYNE DAMRON, as )
administrator of the estate of JACK DAMRON, )
deceased, )
) No. 17-890
Petitioner, ) Chief Special Master Dorsey
) ECF
v. )
)
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
Respondent. )
)
PROFFER ON AWARD OF COMPENSATION
On April 23, 2018, respondent filed a Rule 4(c) report conceding petitioner’s entitlement
to compensation in this case. On April 23, 2018, the Chief Special Master issued a Ruling on
Entitlement finding that petitioner was entitled to vaccine compensation for her deceased father’s
Guillain-Barre Syndrome (“GBS”).
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$ 358,190.88, 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 should be made
through a lump sum payment of $ 358,190.88, in the form of a check payable to petitioner.
Petitioner agrees.

Case 1:17-vv-00890-UNJ Document 43 Filed 09/05/18 Page 4 of 4
Respectfully submitted,
CHAD A. READLER
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
GABRIELLE FIELDING
Assistant Director
Torts Branch, Civil Division
s/ Kathryn A. Robinette
KATHRYN A. ROBINETTE
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 616-3661
Fax: (202) 616-4310
DATED: May 23, 2018
2