VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01534
Package ID: USCOURTS-cofc-1_17-vv-01534
Petitioner: John G. Rima
Filed: 2017-10-16
Decided: 2019-05-29
Vaccine: influenza
Vaccination date: 2014-10-29
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 101297

AI-assisted case summary:
John G. Rima filed a petition for compensation under the National Vaccine Injury Compensation Program on October 16, 2017. He alleged that he suffered from Guillain-Barre Syndrome (GBS) after receiving an influenza vaccine on October 29, 2014. The case was assigned to the Special Processing Unit. On August 31, 2018, a ruling on entitlement found Mr. Rima entitled to compensation for GBS. On March 19, 2019, the respondent filed a proffer on the award of compensation, stating that Mr. Rima should be awarded $101,297.89. This amount consisted of $100,000.00 for pain and suffering and $1,297.89 for unreimbursed medical expenses. The proffer indicated that Mr. Rima agreed with this award. Chief Special Master Nora Beth Dorsey adopted the proffer and awarded Mr. Rima a lump sum payment of $101,297.89, payable by check to John G. Rima. This award represents compensation for all damages available under 42 U.S.C. § 300aa-15(a). Mr. Rima is a competent adult. Petitioner was represented by Kelly Danielle Burdette of Burdette Law, PLLC, and respondent was represented by Adriana Ruth Teitel of the U.S. Department of Justice. The decision was issued on May 29, 2019.

Theory of causation field:
Petitioner John G. Rima alleged Guillain-Barre Syndrome (GBS) following an influenza vaccine administered on October 29, 2014. A ruling on entitlement issued on August 31, 2018, found petitioner entitled to compensation for GBS. Respondent filed a proffer on March 19, 2019, agreeing to an award of $101,297.89, comprising $100,000.00 for pain and suffering and $1,297.89 for unreimbursed medical expenses. Petitioner agreed with the proffered award. Chief Special Master Nora Beth Dorsey adopted the proffer and awarded the lump sum payment on May 29, 2019. The specific theory of causation, medical experts, or mechanism of injury were not detailed in the public decision text. Petitioner was represented by Kelly Danielle Burdette, and respondent by Adriana Ruth Teitel.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01534-0
Date issued/filed: 2019-05-29
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 03/20/2019) 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-01534-UNJ Document 44 Filed 05/29/19 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1534V
Filed: March 20, 2019
UNPUBLISHED
JOHN G. RIMA,
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.
Kelly Danielle Burdette, Burdette Law, PLLC, North Bend, WA, for petitioner.
Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On October 16, 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 from Guillain-Barre Syndrome
(“GBS”) following an influenza (“flu”) vaccine administered on October 29, 2014.
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On August 31, 2018, a ruling on entitlement was issued, finding petitioner entitled
to compensation for GBS. On March 19, 2019, respondent filed a proffer on award of
compensation (“Proffer”) indicating petitioner should be awarded $101,297.89
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-01534-UNJ Document 44 Filed 05/29/19 Page 2 of 4
consisting of $100,000.00 for pain and suffering, and $1,297.89 for unreimbursed
medical expenses. Proffer at 1. In the Proffer, respondent represented that petitioner
agrees with the proffered award. Id. Based on the record as a 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 $101,297.89 consisting of $100,000.00 for pain
and suffering, and $1,297.89 for unreimbursed medical expenses in the form of a
check payable to petitioner, John G. Rima. 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-01534-UNJ Document 44 Filed 05/29/19 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
JOHN G. RIMA,
Petitioner,
No. 17-1534V
v.
Chief Special Master Dorsey
ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On August 31, 2018, respondent filed a Rule 4(c) Report conceding that petitioner is
entitled to vaccine compensation for the Guillain-Barré syndrome (“GBS”) he suffered following
receipt of an influenza vaccine. Additionally, on August 31, 2018, the Chief Special Master
issued a Ruling on Entitlement adopting respondent’s recommendation.
I. Compensation for Vaccine Injury-Related Items
Respondent proffers that based on the evidence of record, petitioner should be awarded
$101,297.89, comprised of $100,000.00 for pain and suffering and $1,297.89 for unreimbursed
medical expenses. This amount represents all elements of compensation to which petitioner
would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment as described below, and requests that the special master’s decision
and the Court’s judgment award the following:1
1 Should petitioner die prior to entry of judgment, respondent reserves the right to move the Court for
appropriate relief. In particular, respondent would oppose any award for future medical expenses, future
pain and suffering, and future lost wages.
1

Case 1:17-vv-01534-UNJ Document 44 Filed 05/29/19 Page 4 of 4
A lump sum payment of $101,297.89 in the form of a check payable to petitioner,
John G. Rima. This amount accounts for all elements of compensation under 42
U.S.C. § 300aa-15(a) to which petitioner would be entitled.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
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 BABCOCK
Assistant Director
Torts Branch, Civil Division
/s/ Adriana Teitel
ADRIANA TEITEL
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Benjamin Franklin Station
Washington, DC 20044-0146
Tel: (202) 616-3677
Dated: March 19, 2019
2