VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00907
Package ID: USCOURTS-cofc-1_17-vv-00907
Petitioner: Beth Nemechek
Filed: 2017-07-05
Decided: 2021-03-04
Vaccine: influenza
Vaccination date: 2015-11-11
Condition: Guillain-Barre syndrome
Outcome: compensated
Award amount USD: 244064

AI-assisted case summary:
Beth Nemechek filed a petition for compensation under the National Vaccine Injury Compensation Program on July 5, 2017, alleging that she suffered Guillain-Barre syndrome (GBS) as a result of an influenza vaccine received on November 11, 2015. The respondent filed a Rule 4(c) report on March 29, 2018, conceding that Ms. Nemechek satisfied the criteria set forth in the Vaccine Injury Table for compensation. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on March 29, 2018, finding Ms. Nemechek entitled to compensation. Subsequently, on January 27, 2021, the respondent filed a proffer on award of compensation. Chief Special Master Brian H. Corcoran issued a decision on March 4, 2021, awarding Ms. Nemechek a lump sum of $244,064.21. This award was comprised of $75,000.00 for actual and projected pain and suffering at net present value, $1,862.21 for past unreimbursed expenses, and $167,202.00 for loss of earnings. Ms. Nemechek, an adult, agreed with the proffered award. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or the mechanism of injury. Petitioner was represented by Richard Gage of Richard Gage, P.C., and respondent was represented by Ryan Daniel Pyles of the U.S. Department of Justice.

Theory of causation field:
Petitioner Beth Nemechek alleged Guillain-Barre syndrome (GBS) resulting from an influenza vaccine administered on November 11, 2015. The respondent conceded that petitioner satisfied the criteria set forth in the Vaccine Injury Table for compensation. A ruling on entitlement was issued on March 29, 2018, by Chief Special Master Nora Beth Dorsey, finding petitioner entitled to compensation. On March 4, 2021, Chief Special Master Brian H. Corcoran issued a decision awarding $244,064.21, based on a proffer agreed to by the petitioner. The award included $75,000.00 for pain and suffering, $1,862.21 for past unreimbursed expenses, and $167,202.00 for loss of earnings. The theory of causation relied on the Vaccine Injury Table. The public decision does not name specific medical experts or detail the mechanism of injury beyond its inclusion in the Table.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00907-0
Date issued/filed: 2018-06-12
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 3/29/2018) regarding 27 Ruling on Entitlement. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:17-vv-00907-UNJ Document 31 Filed 06/12/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-907V
Filed: March 29, 2018
UNPUBLISHED
BETH NEMECHEK,
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.
Richard Gage, Richard Gage, P.C., Cheyenne, WY, for petitioner.
Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On July 5, 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 she suffered Guillain-Barre syndrome (“GBS”) as a result
of an influenza (“flu”) vaccine she received on November 11, 2015. Petition at 1. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On March 29, 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 concluded that petitioner has satisfied the criteria set forth
in the Vaccine Injury Table for compensation. Id. at 5.
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-00907-UNJ Document 31 Filed 06/12/18 Page 2 of 2
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-00907-1
Date issued/filed: 2021-03-04
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 01/27/2021) regarding 85 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:17-vv-00907-UNJ Document 89 Filed 03/04/21 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-907V
UNPUBLISHED
BETH NEMECHEK, Chief Special Master Corcoran
Petitioner, Filed: January 27, 2021
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Influenza (Flu) Vaccine; Guillain-
Barre Syndrome (GBS)
Respondent.
Richard Gage, Richard Gage, P.C., Cheyenne, WY, for petitioner.
Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On July 5, 2017, Beth Nemechek 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 she suffered from Guillain Barre Syndrome caused
by an influenza (“flu”) vaccine administered on November 11, 2015. Petition at 2.
Petitioner further alleges that the vaccine was administered within the United States, that
she suffered the residual effects of her injury for more than six months, and that there has
not been an award or settlement from any civil action related to her injury. Petition at 2.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On March 29, 2018, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for GBS. On January 27, 2021, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $244,064.21
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am
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). 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, I agree that the identified material fits within this definition, I 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-00907-UNJ Document 89 Filed 03/04/21 Page 2 of 4
(comprised of $75,000.00 for actual and projected pain and suffering at net present value;
$1,862.21 for past unreimbursed expenses; and $167,202.00 for loss of earnings. Proffer
at 1. In the Proffer, Respondent represented that Petitioner agrees with the proffered
award. Id. Based on the record as a whole, I find that Petitioner is entitled to an award as
stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $244,064.21 (comprised of $75,000.00 for actual and projected pain
and suffering at net present value; $1,862.21 for past unreimbursed expenses; and
$167,202.00 for loss of earnings) in the form of a check payable to Petitioner. 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/Brian H. Corcoran
Brian H. Corcoran
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-00907-UNJ Document 89 Filed 03/04/21 Page 3 of 4
THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
BETH NEMECHEK,
Petitioner,
v. No. 17-907V
Chief Special Master Brian H. Corcoran
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On March 29, 2018, the Court entered its “Ruling on Entitlement,” finding petitioner
entitled to compensation, consistent with the recommendation in respondent’s March 29, 2018
Rule 4(c) Report. Respondent now proffers that petitioner be awarded a lump sum of
$244,064.21 for all damages available pursuant to 42 U.S.C. § 300aa-15(a). Of this total
amount, $75,000.00 represents an award for actual and projected pain and suffering at net
present value; $1,862.21 represents an award for past unreimbursed expenses; and $167,202.00
represents an award for loss of earnings. Petitioner is a competent adult. Accordingly,
guardianship documentation is not required.
Petitioner agrees with the proffered award of $244,064.21.1
Respectfully submitted,
BRIAN M. BOYNTON
Acting Assistant Attorney General
1 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).
1

Case 1:17-vv-00907-UNJ Document 89 Filed 03/04/21 Page 4 of 4
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Acting Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
s/ RYAN D. PYLES
RYAN D. PYLES
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
Tel: (202) 616-9847
Dated: January 27, 2021
2