VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01489
Package ID: USCOURTS-cofc-1_17-vv-01489
Petitioner: ELMER J. GEORGE, Executor of the Estate of JAMES C. MCMURTRY
Filed: 2017-10-10
Decided: 2018-09-11
Vaccine: influenza
Vaccination date: 2009-09-18
Condition: Guillain-Barré syndrome (“GBS”)
Outcome: compensated
Award amount USD: 465000

AI-assisted case summary:
Elmer J. George, as Executor of the Estate of James C. McMurtry, filed a petition for vaccine injury compensation on October 10, 2017. The petition alleged that an influenza vaccine administered on September 18, 2009, caused Mr. McMurtry to develop Guillain-Barré syndrome (GBS). The petitioner further claimed that Mr. McMurtry succumbed to complications arising from GBS, and he died on November 25, 2009. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report on August 30, 2018, conceding that the petitioner had satisfied all legal prerequisites for compensation and that the case was appropriate for compensation under the National Childhood Vaccine Injury Act. On the same day, a Ruling on Entitlement was issued in the petitioner's favor. Subsequently, on September 10, 2018, the respondent filed a Proffer on Award of Compensation. The court found the terms of the proffer to be reasonable and awarded a lump sum payment of $465,000.00. This amount included $215,000.00 for pain and suffering and $250,000.00 for the statutory death benefit, representing all elements of compensation to which the petitioner was entitled.

Theory of causation field:
Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_17-vv-01489-0
Date issued/filed: 2018-09-25
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/30/2018) regarding 21 Ruling on Entitlement, Signed by Special Master Laura D Millman. (tlf) Service on parties made.
--------------------------------------------------------------------------------
Case 1:17-vv-01489-UNJ Document 27 Filed 09/25/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1489V
Filed: August 30, 2018
Not to be Published
*************************************
ELMER J. GEORGE, Executor of the *
Estate of JAMES C. MCMURTRY, *
Deceased, *
*
Influenza vaccine; Table Guillain-
Petitioner, *
Barré syndrome (“GBS”);
*
respondent agrees compensation is
v. *
appropriate
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Joseph H. Mattingly, III, Lebanon, KY, for petitioner.
Colleen C. Hartley, Washington, DC, for respondent.
MILLMAN, Special Master
RULING ON ENTITLEMENT1
On October 10, 2017, petitioner filed a petition under the National Childhood Vaccine
Injury Act, 42 U.S.C. § 300aa-10-34 (2012), alleging that influenza (“flu”) vaccine administered
on September 18, 2009 caused Mr. James C. McMurtry Guillain-Barré syndrome (“GBS”). Pet.
at ¶¶ 2 5. Petitioner claims that Mr. McMurtry succumbed to complications arising from GBS.
Pet. Preamble. Mr. McMurtry died on November 25, 2009.
1 Because this unpublished ruling on entitlement contains a reasoned explanation for the special master’s
action in this case, the special master intends to post this unpublished ruling on entitlement 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). Vaccine
Rule 18(b) states that all decisions of the special masters will be made available to the public unless they
contain trade secrets or commercial or financial information that is privileged and confidential, or medical
or similar information whose disclosure would constitute a clearly unwarranted invasion of privacy.
When such a ruling on entitlement is filed, petitioner has 14 days to identify and move to redact such
information prior to the document’s disclosure. If the special master, upon review, agrees that the
identified material fits within the banned categories listed above, the special master shall redact such
material from public access.

Case 1:17-vv-01489-UNJ Document 27 Filed 09/25/18 Page 2 of 2
On August 30, 2018, respondent filed a Rule 4(c) Report stating “petitioner has satisfied
all legal prerequisites for compensation under the Act” and “this case is appropriate for
compensation under the terms of the Act.” Resp’t’s Rep. at 2, 5. Respondent recommends
further proceedings to determine damages. Id. at 6.
This case is now in damages.
By October 30, 2018, petitioner shall file (1) documents listed on page 5 of respondent’s
Rule 4(c) Report to determining appropriate damages and (2) a status report stating how the
settlement negotiations are proceeding.
IT IS SO ORDERED.
Dated: August 30, 2018 s/ Laura D. Millman
Laura D. Millman
Special Master
2

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_17-vv-01489-1
Date issued/filed: 2018-10-09
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 09/11/2018) regarding 23 DECISION Stipulation/Proffer. Signed by Special Master Laura D. Millman. (et) Service on parties made.
--------------------------------------------------------------------------------
Case 1:17-vv-01489-UNJ Document 28 Filed 10/09/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1489V
Filed: September 11, 2018
Not to be Published
*************************************
ELMER J. GEORGE, Executor of the *
Estate of JAMES C. MCMURTRY, *
Deceased, *
*
Damages decision based on
Petitioner, *
proffer; Influenza vaccine; Table
*
Guillain-Barré syndrome (“GBS”)
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Joseph H. Mattingly, III, Lebanon, KY, for petitioner.
Colleen C. Hartley, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES1
On October 10, 2017, petitioner filed a petition under the National Childhood Vaccine
Injury Act, 42 U.S.C. § 300aa-10-34 (2012), alleging that influenza (“flu”) vaccine administered
on September 18, 2009 caused Mr. James C. McMurtry a Table Guillain-Barré syndrome
(“GBS”). Pet. at ¶¶ 2 5. Petitioner claims that Mr. McMurtry succumbed to complications
arising from GBS. Pet. Preamble. Mr. McMurtry died on November 25, 2009.
1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this
case, the special master intends to post this decision 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). Vaccine Rule 18(b) states that all
decisions of the special masters will be made available to the public unless they contain trade secrets or
commercial or financial information that is privileged and confidential, or medical or similar information
whose disclosure would constitute a clearly unwarranted invasion of privacy. When such a decision is
filed, petitioner has 14 days to identify and move to redact such information prior to the document’s
disclosure. If the special master, upon review, agrees that the identified material fits within the banned
categories listed above, the special master shall redact such material from public access.

Case 1:17-vv-01489-UNJ Document 28 Filed 10/09/18 Page 2 of 4
On August 30, 2018, respondent filed a Rule 4(c) Report stating “petitioner has satisfied
all legal prerequisites for compensation under the Act” and “this case is appropriate for
compensation under the terms of the Act.” Resp’t’s Rep. at 2, 5.
On the same day, the undersigned issued a Ruling on Entitlement in petitioner’s favor.
On September 10, 2018, respondent filed Respondent’s Proffer on Award of
Compensation. The undersigned finds the terms of the proffer to be reasonable. Based on the
records as a whole, the undersigned finds that petitioner is entitled to the award as stated in the
proffer. Pursuant to the terms stated in the attached proffer, the court awards a lump sum
payment of $465,000.00, consisting of pain and suffering ($215,000.00) and the statutory death
benefit ($250,000.00), representing all elements of compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a). The award shall be in the form of a check for
$465,000.00 made payable 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.2
IT IS SO ORDERED.
Dated: September 11, 2018 s/ Laura D. Millman
Laura D. Millman
Special Master
2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or
jointly, filing a notice renouncing the right to seek review.
2

Case 1:17-vv-01489-UNJ Document 28 Filed 10/09/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
ELMER J. GEORGE, Executor of the Estate of )
James C. McMurtry, deceased, )
)
Petitioner, ) No. 17-1489V
) Special Master Millman
v. ) ECF
)
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On October 10, 2017, Elmer J. George, Executor of the Estate of James C. McMurtry,
deceased (“petitioner”), filed a petition for vaccine injury compensation alleging that Mr.
McMurtry suffered Guillain-Barre Syndrome (“GBS”) and death. On August 30, 2018,
respondent conceded that entitlement to compensation was appropriate under the terms of the
Vaccine Act. The same day, Special Master Millman issued a Ruling on Entitlement,
incorporating respondent’s concession. The case is now in damages.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$465,000.00, consisting of pain and suffering ($215,000.00) and the statutory death benefit
($250,000.00), which represents all elements of compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
1

Case 1:17-vv-01489-UNJ Document 28 Filed 10/09/18 Page 4 of 4
II. Form of the Award
The parties recommend that the compensation be provided to petitioner through a lump
sum payment of $465,000.00 in the form of a check payable to petitioner as the legal
representative of the Estate of James C. McMurtry, deceased.1 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
HEATHER L. PEARLMAN
Assistant Director
Torts Branch, Civil Division
/s/ Colleen C. Hartley
COLLEEN C. HARTLEY
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Phone: (202) 616-3644
Fax: (202) 353-2988
DATED: September 10, 2018
1 Elmer J. George, Executor of the Estate of James C. McMurtry, deceased has demonstrated
that he is the legal representative of Mr. McMurtry’s Estate for the purposes of 42 U.S.C.
§ 300aa-11(b)(1)(A). See Petitioner’s Exhibit 4 at 5-6.
2