VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01302
Package ID: USCOURTS-cofc-1_17-vv-01302
Petitioner: Gail Tomashefski
Filed: 2017-09-21
Decided: 2018-12-19
Vaccine: influenza
Vaccination date: 2015-11-07
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 140830

AI-assisted case summary:
Gail Tomashefski filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she developed Guillain-Barre Syndrome (GBS) as a result of her November 7, 2015 influenza vaccination. The respondent conceded that petitioner suffered the Table injury of GBS following a flu vaccine within the Table time period and that there was no evidence demonstrating the condition was due to an unrelated factor. The respondent further agreed that petitioner had met the statutory requirements for entitlement to compensation. A ruling on entitlement was issued on July 31, 2018, finding her entitled to compensation. Subsequently, on November 13, 2018, the respondent filed a proffer on award of compensation, recommending $140,000.00 for pain and suffering and $830.00 for past unreimbursable expenses, which petitioner agreed to. The Chief Special Master awarded Gail Tomashefski a total of $140,830.00 in a decision dated December 19, 2018.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01302-0
Date issued/filed: 2018-10-17
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 07/31/2018) 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-01302-UNJ Document 39 Filed 10/17/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1302V
Filed: July 31, 2018
UNPUBLISHED
GAIL TOMASHEFSKI,
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.
Randall g. Knutson, Knutson & Casey Law Firm, Mankato, MN, for petitioner.
Ann Donohue Martin, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On September 21, 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 her November 7, 2015 influenza vaccination. . Petition at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On July 10, 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. Further, there is no a
preponderance of medical evidence demonstrating that petitioner’s condition was due to
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-01302-UNJ Document 39 Filed 10/17/18 Page 2 of 2
a factor unrelated to the flu vaccine.” Id. at 4 (internal citations omitted). Respondent
further agrees that petitioner has suffered residual effects of her GBS for more than six
months and that she has met the statutory requirements for entitlement 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-01302-1
Date issued/filed: 2018-12-19
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 11/13/2018) regarding 42 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01302-UNJ Document 48 Filed 12/19/18 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1302V
Filed: November 13, 2018
UNPUBLISHED
GAIL TOMASHEFSKI,
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.
Randall G. Knutson, Knutson & Casey Law Firm, Mankato, MN, for petitioner.
Heather Lynn Pearlman, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On September 21, 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 her November 7, 2015 influenza vaccination. Petition at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On July 31, 2018, a ruling on entitlement was issued, finding petitioner entitled to
compensation for GBS. On November 13, 2018, respondent filed a proffer on award of
compensation (“Proffer”) indicating petitioner should be awarded $140,000.00 for actual
and projected pain and suffering and $830.00 for past unreimbursable expenses.
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-01302-UNJ Document 48 Filed 12/19/18 Page 2 of 5
Proffer at 1-2. 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 $140,830.00, representing $140,000.00 in
compensation for past and projected pain and suffering and $830.00 in
compensation for past unreimbursable expenses in the form of a check payable
to petitioner, Gail Tomashefski. 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-01302-UNJ Document 48 Filed 12/19/18 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
GAIL TOMASHEFSKI, )
)
Petitioner, )
)
v. ) No. 17-1302V
) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND ) SPU
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On September 21, 2017, petitioner, Gail Tomashefski, filed a petition for compensation
under the National Childhood Vaccine Injury Act, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act”),
alleging that she developed Guillain-Barré syndrome (“GBS”) as a result of receiving an
influenza (“flu”) vaccine on November 7, 2015. On July 10, 2018, respondent filed a Rule 4(c)
Report indicating that petitioner is entitled to compensation for her GBS. For the purposes of
this proffer, the term “vaccine-related” is as described in Respondent’s Rule 4(c) Report.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $140,000.00 in actual and
projected pain and suffering. This amount reflects that any award for projected pain and
suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner
agrees.

Case 1:17-vv-01302-UNJ Document 48 Filed 12/19/18 Page 4 of 5
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents her expenditure of past unreimbursable
expenses related to her vaccine-related injury. Respondent proffers that petitioner should be
awarded past unreimbursable expenses in the amount of $830.00. Petitioner agrees.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment of $140,830.00 in the form of a check payable to petitioner.1 This
represents all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-
15(a). Petitioner agrees.
Petitioner is a competent adult. Evidence of guardianship is not required.
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
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court
for appropriate relief. In particular, respondent would oppose any award for future medical
expenses, future lost earnings, and future pain and suffering.
-2-

Case 1:17-vv-01302-UNJ Document 48 Filed 12/19/18 Page 5 of 5
s/ Heather L. Pearlman___
HEATHER L. PEARLMAN
Assistant Director
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 307-6393
DATE: November 13, 2018
-3-