VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01111
Package ID: USCOURTS-cofc-1_17-vv-01111
Petitioner: James Izuwa
Filed: 2017-08-17
Decided: 2018-12-19
Vaccine: influenza
Vaccination date: 2015-09-14
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 388948

AI-assisted case summary:
James Izuwa 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 influenza vaccination on September 14, 2015. The respondent, the Secretary of Health and Human Services, conceded that Mr. Izuwa was entitled to compensation. The respondent concluded that Mr. Izuwa suffered from GBS, a Table injury, following a flu vaccine within the Table time period, and that there was no evidence to suggest the GBS was caused by a factor unrelated to the vaccination. The respondent also agreed that Mr. Izuwa experienced sequelae of his GBS for more than six months and had met all legal prerequisites for compensation. Subsequently, a ruling on entitlement was issued on August 8, 2018, finding Mr. Izuwa entitled to compensation. On November 6, 2018, the respondent filed a proffer on award of compensation, proposing an award of $388,948.05. This amount included $34,463.78 for actual lost earnings, $225,000.00 for actual pain and suffering, and $129,484.27 for past unreimbursed expenses. Mr. Izuwa agreed with this proffered award. The Chief Special Master issued a decision awarding Mr. Izuwa the lump sum of $388,948.05 on December 19, 2018.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01111-0
Date issued/filed: 2018-10-22
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/08/2018) regarding 30 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01111-UNJ Document 36 Filed 10/22/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1111V
Filed: August 8, 2018
UNPUBLISHED
JAMES IZUWA,
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.
John Robert Howie, Howie Law, PC, Dallas, TX, for petitioner.
Voris Edward Johnson, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On August 17, 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 September 14, 2015 influenza (“flu”) vaccination. Petition at 1. The case
was assigned to the Special Processing Unit of the Office of Special Masters.
On August 6, 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 suffered the Table injury of
GBS following a flu vaccine within the Table time period, and there is not a
preponderance of the medical evidence that petitioner’s GBS was due to a factor
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-01111-UNJ Document 36 Filed 10/22/18 Page 2 of 2
unrelated to the vaccination.” Id. at 9. Respondent further agrees that petitioner
experienced sequelae of his GBS for more than six months and that he has satisfied all
legal prerequisites to compensation under the Vaccine 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

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DOCUMENT 2: USCOURTS-cofc-1_17-vv-01111-1
Date issued/filed: 2018-12-19
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 11/06/2018) regarding 38 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01111-UNJ Document 48 Filed 12/19/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1111V
Filed: November 6, 2018
UNPUBLISHED
JAMES IZUWA,
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.
John Robert Howie, Howie Law, PC, Dallas, TX, for petitioner.
Voris Edward Johnson, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On August 17, 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 September 14, 2015 influenza (“flu”) vaccination. Petition at 1. The case
was assigned to the Special Processing Unit of the Office of Special Masters.
On August 8, 2018, a ruling on entitlement was issued, finding petitioner entitled
to compensation for GBS. On November 6, 2018, respondent filed a proffer on award
of compensation (“Proffer”) indicating petitioner should be awarded $388,948.05,
representing $34,463.78 in compensation for actual lost earnings, $225,000.00 in
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-01111-UNJ Document 48 Filed 12/19/18 Page 2 of 4
compensation for actual pain and suffering, and $129,484.27 in compensation for past
unreimbursed expenses. Proffer at 1. In the Proffer, respondent represented that
petitioner agrees with the proffered award. Based on the record as a whole, the
undersigned finds that petitioner is entitled to an award as stated in the Proffer. Id.
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $388,948.05, representing $34,463.78 in
compensation for actual lost earnings, $225,000.00 in compensation for actual
pain and suffering, and $129,484.27 in compensation for past unreimbursed
expenses, in the form of a check payable to petitioner, James Izuwa. 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-01111-UNJ Document 48 Filed 12/19/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
__________________________________________
)
JAMES IZUWA, )
)
Petitioner, )
) No. 17-1111V (ECF)
v. ) Chief Special Master Dorsey
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
__________________________________________)
RESPONDENT'S PROFFER ON AWARD OF COMPENSATION
On August 6, 2018, respondent, the Secretary of Health and Human Services, filed his
Rule 4(c) Report conceding entitlement to compensation in this matter, and on August 8, 2018,
the Court entered its Ruling on Entitlement, finding petitioner, James Izuwa, entitled to Vaccine
Act compensation. Respondent now proffers that petitioner receive a compensation award
consisting of $34,463.78 for actual lost earnings, $225,000.00 for actual pain and suffering, and
$129,484.27 in past unreimbursed expenses, for a total lump sum award of $388,948.05, in the
form of a check payable to petitioner, James Izuwa.1 This amount represents compensation for
all elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner is entitled.2
1 Petitioner is a competent adult. No guardianship is required.
2 Should petitioner die prior to entry of judgment, respondent would oppose any award for
future medical expenses, future lost earnings, and future pain and suffering, and the parties
reserve the right to move the Court for appropriate relief.
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Case 1:17-vv-01111-UNJ Document 48 Filed 12/19/18 Page 4 of 4
Petitioner agrees with the proffered award of $388,948.05.3
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/ Voris E. Johnson, Jr.
VORIS E. JOHNSON, JR.
Senior 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) 616-4136
Email: voris.johnson@usdoj.gov
DATED: November 6, 2018
3 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).
-2-