VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01414
Package ID: USCOURTS-cofc-1_17-vv-01414
Petitioner: Charles Thompson
Filed: 2017-10-03
Decided: 2018-10-24
Vaccine: influenza
Vaccination date: 2016-09-08
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 180000

AI-assisted case summary:
Charles Thompson filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccination he received on September 8, 2016. The respondent, the Secretary of Health and Human Services, conceded that Mr. Thompson was entitled to compensation, agreeing that his GBS was a Table injury for the flu vaccine and that there was insufficient evidence to prove the GBS was caused by a factor unrelated to the vaccination. Following the ruling on entitlement, the parties submitted a proffer on award of compensation. The respondent recommended, and Mr. Thompson agreed, to an award of $180,000.00. This amount was comprised of $160,000.00 for past and future pain and suffering, and $20,000.00 for past and future unreimbursed expenses. The Chief Special Master issued a decision awarding Mr. Thompson the lump sum of $180,000.00.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01414-0
Date issued/filed: 2018-09-21
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/18/2018) regarding 25 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01414-UNJ Document 32 Filed 09/21/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1414V
Filed: June 18, 2018
UNPUBLISHED
CHARLES THOMPSON,
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.
Alison H. Haskins, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner.
Darryl R. Wishard, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On October 3, 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 that as a result of an influenza (“flu”) vaccination,
he suffered from Guillain-Barre Syndrome (“GBS”). Petition at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On June 11, 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 a Table injury of GBS
following a flu vaccine, and that there is not a preponderance of evidence that
petitioner’s GBS was due to a factor unrelated to the vaccination. Id. at 3. Respondent
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-01414-UNJ Document 32 Filed 09/21/18 Page 2 of 2
further agrees that petitioner has satisfied all legal prerequisites for 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-01414-1
Date issued/filed: 2018-10-24
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 09/21/2018) regarding 33 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01414-UNJ Document 36 Filed 10/24/18 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1414V
Filed: September 21, 2018
UNPUBLISHED
CHARLES THOMPSON,
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.
Alison H. Haskins, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner.
Darryl R. Wishard, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On October 3, 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 an influenza vaccination on September 8, 2016. Petition at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On June 18, 2018, a ruling on entitlement was issued, finding petitioner entitled
to compensation for GBS. On September 20, 2018, respondent filed a proffer on award
of compensation (“Proffer”) indicating petitioner should be awarded $180,000.00
compromised of $160,000.00 for past and future pain and suffering, and $20,000.00 for
past and future unreimbursed expenses. Proffer at 2. In the Proffer, respondent
represented that petitioner agrees with the proffered award. Based on the record as a
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-01414-UNJ Document 36 Filed 10/24/18 Page 2 of 5
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 $180,000.00 in the form of a check payable to
petitioner, Charles Thompson. This amount represents compensation for all
damages that would be available under § 300aa-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-01414-UNJ Document 36 Filed 10/24/18 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
CHARLES THOMPSON, )
)
Petitioner, ) No. 17-1414V ECF
)
v. ) Chief Special Master Dorsey
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
___________________________________ )
PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On October 3, 2017, Charles Thompson (“petitioner”) filed a petition seeking
compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1
to -34, as amended. Petitioner alleges that, as a result of receipt of an influenza vaccination on
September 8, 2016, he suffered Guillain-Barré Syndrome (“GBS”), which is an injury listed on
the Vaccine Injury Table (“Table”) for the flu vaccine.2 Petition at 1. On June 11, 2018,
respondent filed his Vaccine Rule 4(c) report, conceding entitlement to compensation for a Table
injury of GBS. On June 18, 2018, the Chief Special Master issued a ruling on entitlement,
finding that petitioner was entitled to compensation for a Table injury of GBS.
II. Items of Compensation
Petitioner has alleged entitlement to the following elements of compensation: past and
1 This Proffer does not include attorneys’ fees and costs, which the parties intend to
address after the Damages Decision is issued.
2 The Table is located at 42 C.F.R. § 100.3.

Case 1:17-vv-01414-UNJ Document 36 Filed 10/24/18 Page 4 of 5
future pain/suffering, past unreimbursed expenses, and future unreimbursed expense. Based
upon the evidence of record, respondent proffers that petitioner should be awarded $160,000.00
for past and future pain/suffering, and $20,000.00 for past and future unreimbursed expenses, for
a total of $180,000.00. This amount represents all elements of compensation to which petitioner
would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
III. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment of $180,000.00, in the form of a check payable to petitioner.3
Petitioner agrees.
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
3 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.
2

Case 1:17-vv-01414-UNJ Document 36 Filed 10/24/18 Page 5 of 5
/s/Darryl R. Wishard
DARRYL R. WISHARD
Senior Trial Attorney
Torts Branch, Civil Division
U. S. Department of Justice
P.O. Box l46, Benjamin Franklin Station
Washington, D.C. 20044-0146
Direct dial: (202) 616-4357
Dated: September 20, 2018 Fax: (202) 616-4310
3