VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01227
Package ID: USCOURTS-cofc-1_17-vv-01227
Petitioner: James Daniel Parlette
Filed: 2017-09-11
Decided: 2018-11-05
Vaccine: influenza
Vaccination date: 2014-09-18
Condition: Guillain-Barre syndrome
Outcome: compensated
Award amount USD: 85000

AI-assisted case summary:
James Daniel Parlette filed a petition on September 11, 2017, alleging that he developed Guillain-Barré syndrome (GBS) as a result of receiving an influenza vaccine on September 18, 2014. The respondent, the Secretary of Health and Human Services, reviewed the petition and medical records and conceded that Mr. Parlette's claim was compensable as a Table injury under the National Vaccine Injury Compensation Program. The respondent agreed that the evidence showed Mr. Parlette suffered from GBS subsequent to the flu vaccine within the appropriate timeframe for a Table claim. Based on this concession and a review of the record, the Special Master found that Mr. Parlette was entitled to compensation. Following approximately two months of discussions regarding damages, the parties submitted a joint proffer agreeing to an award. The proffer proposed a lump sum payment of $85,000.00 to compensate Mr. Parlette for all damages. The Special Master approved this award, and judgment was entered.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01227-0
Date issued/filed: 2018-08-02
Pages: 2
Docket text: PUBLIC RULING (Originally filed: 6/15/2018) Regarding 35 Ruling on Entitlement (Signed by Special Master Brian H. Corcoran). (cr) Service on parties made.
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Case 1:17-vv-01227-UNJ Document 37 Filed 08/02/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1227V
(Not to be Published)
* * * * * * * * * * * * * * * * * * * * * * * * *
JAMES DANIEL PARLETTE, *
*
Petitioner, * Filed: June 15, 2018
*
v. *
* Entitlement; Influenza Vaccine;
SECRETARY OF HEALTH * Guillain-Barre Syndrome (“GBS”);
AND HUMAN SERVICES, * Conceded.
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Scott William Rooney, Nemes, Rooney P.C., Farmington Hills, MI, for Petitioner.
Althea Walker Davis, U.S. Dep’t of Justice, Washington, DC, for Respondent.
RULING FINDING ENTITLEMENT1
On September 11, 2017, James Parlette filed a petition seeking compensation under the
National Vaccine Injury Compensation Program.2 ECF No. 1. Petitioner alleged that he suffered
from Guillain-Barré syndrome (“GBS”) as a result of receiving the influenza (“flu”) vaccination
on September 18, 2014. Id.
In his Rule 4(c) Report, Respondent acknowledged that the Petitioner’s claim is
compensable as a Table injury under the Act. See Respondent’s Rule 4(c) Report, dated June 14,
2018 (ECF No. 34). Respondent specifically stated that medical personnel at the Division of Injury
Compensation Programs, Department of Health and Human Services, have reviewed the petition
1 Although this Ruling has been formally designated “not to be published,” it will nevertheless be posted on the Court
of Federal Claims’s website in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 (2012). This means
the Ruling will be available to anyone with access to the internet. As provided by 42 U.S.C. § 300aa-12(d)(4)(B),
however, the parties may object to the decision’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 Ruling in its present form will be available. Id.
2 The National Vaccine Injury Compensation Program comprises Part 2 of the National Childhood Vaccine Injury Act
of 1986, Pub. L. No. 99-660, 100 Stat. 3755 (codified as amended at 42 U.S.C. § 300aa-10 through 34 (2012)).

Case 1:17-vv-01227-UNJ Document 37 Filed 08/02/18 Page 2 of 2
and accompanying documents filed in this case, as well as the relevant medical records, and
Respondent has concluded that Petitioner satisfied the criteria set forth in the Table. Id. at 8.
Respondent concedes that the evidence shows that Petitioner suffered from GBS as a result of the
flu vaccine, and that onset occurred within the appropriate timeframe. Id. Respondent therefore
concludes that Petitioner is entitled to an award of damages. Id.
In view of Respondent’s concession, and based on my own review of the record (see §
300aa-13(a)(1); 42 C.F.R. § 100.3 (a)(I)), I find that Petitioner is entitled to compensation for an
injury that was caused-in-fact by a covered vaccine. 42 C.F.R. §§ 100.3(a)(XIV), 100.3(b)(2). A
separate damages order will be issued shortly.
Any questions may be directed to my law clerk, Cate Rodgers, at (202) 357-6345.
IT IS SO ORDERED.
/s/ Brian H. Corcoran
Brian H. Corcoran
Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_17-vv-01227-1
Date issued/filed: 2018-11-05
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 9/7/2018) Regarding 40 DECISION Stipulation/Proffer (Signed by Special Master Brian H. Corcoran.)(mml) Service on parties made.
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Case 1:17-vv-01227-UNJ Document 42 Filed 11/05/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1227
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
JAMES DANIEL PARLETTE, *
*
Petitioner, * Special Master Corcoran
*
v. *
* Damages; Decision by Proffer;
SECRETARY OF HEALTH AND * Influenza (“Flu”) Vaccine;
HUMAN SERVICES, * Guillain-Barré Syndrome (“GBS”).
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Scott William Rooney, Nemes, Rooney P.C., Farmington Hills, MI, for Petitioner.
Althea Walker Davis, U.S. Dep’t of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On September 11, 2017, James Parlette filed a petition seeking compensation under the
National Vaccine Injury Compensation Program.2 ECF No. 1. Petitioner alleged that he developed
Guillain-Barré syndrome (“GBS”) as a result of his September 18, 2014 influenza (“flu”)
vaccination. Id. at 1–2. In his Rule 4(c) Report, Respondent did not dispute that Petitioner suffered
GBS subsequent to receipt of the flu vaccine within the requisite time period for a Table claim.
Resp. Rule 4(c) Rep. at 8, ECF No. 34. Acknowledging that Petitioner has satisfied all Vaccine
Act requirements for a Table injury, Respondent conceded that Petitioner is entitled to
compensation. Id. In light of this concession and my own review of the record, I issued an
1 Although this Decision has been formally designated “not to be published,” it will nevertheless be posted on the
United States Court of Federal Claims website, in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501
(2012). This means the Decision will be available to anyone with access to the internet. As provided by 42 U.S.C.
§ 300aa-12(d)(4)(B), however, the parties may object to the decision’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-01227-UNJ Document 42 Filed 11/05/18 Page 2 of 2
Entitlement Decision on June 15, 2018, finding that Petitioner is entitled to a damages award.
Ruling Finding Entitlement, ECF No. 35.
After roughly two months of damages discussions, the parties have now filed a proffer
indicating their agreement on an appropriate award of damages. See Proffer, ECF No. 39.
The proffer proposes:
 A lump sum payment of $85,000.00, in the form of a check payable to Petitioner.
Id. at 2. This amount represents compensation for all damages under Section 15(a) of the Act to
which Petitioner is entitled.
I approve a Vaccine Program award in the 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.3
IT IS SO ORDERED.
/s/ Brian H. Corcoran
Brian H. Corcoran
Special Master
3 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