VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01560
Package ID: USCOURTS-cofc-1_17-vv-01560
Petitioner: Timothy Werner Boothe
Filed: 2017-10-19
Decided: 2018-10-12
Vaccine: influenza
Vaccination date: 2016-10-03
Condition: Guillain-Barré Syndrome
Outcome: compensated
Award amount USD: 

AI-assisted case summary:
Timothy Werner Boothe filed a petition for compensation under the National Vaccine Injury Compensation Program on October 19, 2017, alleging that he suffered Guillain-Barré Syndrome (GBS) as a result of receiving an influenza vaccination on October 3, 2016. The respondent filed a report on September 14, 2018, conceding that the petitioner's claim was appropriate for compensation. The respondent concluded that Mr. Boothe suffered GBS following the flu vaccine within the Table time period and that there was no evidence of an unrelated cause. The respondent also confirmed that the claim met the severity requirements, as the petitioner experienced sequelae of his GBS for more than six months. Based on the respondent's concession and a review of the record, Special Master Thomas L. Gowen found that Timothy Werner Boothe is entitled to compensation. The decision stated that a hearing was not required and that the matter would proceed to the damages phase. The public decision does not describe the petitioner's counsel, respondent's counsel, specific symptoms, medical tests, treatments, or expert witnesses. The decision was originally filed on September 17, 2018, and signed by Special Master Thomas L. Gowen.

Theory of causation field:
Petitioner Timothy Werner Boothe received an influenza vaccine on October 3, 2016, and subsequently developed Guillain-Barré Syndrome (GBS). The respondent conceded entitlement, finding that the GBS occurred within the Table time period following the vaccination and that there was no evidence of an unrelated cause. The condition met the severity requirements for compensation. The theory of causation is based on the Vaccine Injury Table. The public decision does not name experts or describe the specific mechanism of injury. The matter proceeded to the damages phase. Special Master Thomas L. Gowen issued the ruling on entitlement on October 12, 2018. Petitioner was represented by Robert Oushalem, and respondent was represented by Linda S. Renzi.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01560-0
Date issued/filed: 2018-10-12
Pages: 2
Docket text: PUBLIC RULING (Originally filed: 9/17/18) regarding 24 Ruling on Entitlement. Signed by Special Master Thomas L. Gowen. (kb) Service on parties made.
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Case 1:17-vv-01560-UNJ Document 28 Filed 10/12/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: September 17, 2018
* * * * * * * * * * * * *
TIMOTHY WERNER BOOTHE, * UNPUBLISHED
*
Petitioner, * No. 17-1560V
*
v. * Special Master Gowen
*
SECRETARY OF HEALTH * Ruling on Entitlement; Table Injury;
AND HUMAN SERVICES, * Influenza Vaccine; Guillain-Barré
* Syndrome.
Respondent. *
* * * * * * * * * * * * *
Robert Oushalem, San Jose, CA, for petitioner.
Linda S. Renzi, United States Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On October 19, 2017, Timothy Werner Boothe (“petitioner”) filed a petition for
compensation (“Petition”) under the National Vaccine Injury Compensation Program (“the
Program”).2 Petitioner alleges that he suffered Guillain-Barré Syndrome (GBS) as a result of
receiving an influenza (“flu”) vaccination on October 3, 2016. Petition at 1.
On September 14, 2018, respondent filed a report pursuant to Vaccine Rule 4(c) stating
that petitioner’s claim was appropriate for compensation. Respondent (“Resp.”) Report (“Rpt.”)
at 1. Specifically, respondent has concluded that petitioner suffered GBS following a flu vaccine
within the Table time period, and there is not a preponderance of the medical evidence that
petitioner’s GBS was due to a factor unrelated to the vaccination. Id. at 4. The claim also meets
the severity requirements because petitioner experienced sequelae of his GBS for more than six
1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this unpublished ruling
contains a reasoned explanation for the action in this case, I intend to post it on the website of the United
States Court of Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7.
Before the ruling is posted on the court’s website, each party has 14 days to file a motion requesting 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). “An objecting party must provide the
court with a proposed redacted version” of the ruling. Id. If neither party files a motion for redaction within 14
days, the ruling will be posted on the court’s website without any changes. Id.
2 The Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-10 et seq.
(hereinafter “Vaccine Act” or “the Act”). Hereafter, individual section references will be to 42 U.S.C. § 300aa of the
Act.

Case 1:17-vv-01560-UNJ Document 28 Filed 10/12/18 Page 2 of 2
months. Id. Therefore, based on the record as it now stands, compensation is appropriate, as
petitioner has satisfied all legal prerequisites for compensation under the act. Id.
A special master may determine whether a petitioner is entitled to compensation based
upon the record. A hearing is not required. § 300aa-13; Vaccine Rule 8(d). In light of
respondent’s concession and a review of the record, the undersigned finds that petitioner is
entitled to compensation. This matter shall now proceed to the damages phase.
IT IS SO ORDERED.
s/Thomas L. Gowen
Thomas L. Gowen
Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_17-vv-01560-1
Date issued/filed: 2018-11-26
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 10/31/18) regarding 30 DECISION on Proffer. Signed by Special Master Thomas L. Gowen. (kb) Service on parties made.
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Case 1:17-vv-01560-UNJ Document 37 Filed 11/26/18 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: October 31, 2018
* * * * * * * * * * * * *
TIMOTHY WERNER BOOTHE, * UNPUBLISHED
*
Petitioner, * No. 17-1560V
*
v. * Special Master Gowen
*
SECRETARY OF HEALTH * Decision on Damages; Table Injury;
AND HUMAN SERVICES, * Influenza Vaccine; Guillain-Barré
* Syndrome (“GBS”).
Respondent. *
* * * * * * * * * * * * *
Robert Oushalem, San Jose, CA, for petitioner.
Linda S. Renzi, United States Department of Justice, Washington, DC, for respondent.
DECISION ON DAMAGES1
On October 19, 2017, Timothy Werner Boothe (“petitioner”) filed a petition for
compensation (“Petition”) under the National Vaccine Injury Compensation Program (“the
Program”).2 Petitioner alleged that he suffered Guillain-Barré Syndrome (GBS) as a result of
receiving an influenza (“flu”) vaccination on October 3, 2016. Petition at 1.
On September 14, 2018, respondent filed his report in accordance with Vaccine Rule
4(c), in which respondent provides that petitioner’s claim was appropriate for compensation.
Respondent (“Resp.”) Report (“Rpt.”) at 1. On September 17, 2018, the undersigned issued a
ruling that petitioner is entitled to compensation. Ruling on Entitlement (ECF No. 24).
1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this unpublished ruling
contains a reasoned explanation for the action in this case, I intend to post it on the website of the United
States Court of Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7.
Before the ruling is posted on the court’s website, each party has 14 days to file a motion requesting 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). “An objecting party must provide the
court with a proposed redacted version” of the ruling. Id. If neither party files a motion for redaction within 14
days, the ruling will be posted on the court’s website without any changes. Id.
2 The Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-10 et seq.
(hereinafter “Vaccine Act” or “the Act”).

Case 1:17-vv-01560-UNJ Document 37 Filed 11/26/18 Page 2 of 5
On October 30, 2018, respondent filed a Proffer on an award of compensation, which
indicates petitioner’s agreement to compensation on the terms set forth therein. Proffer (ECF
No. 29). I have reviewed the Proffer and do award damages in accord with it. The Proffer is
incorporated herein and made a part hereof as Appendix A. Based on the record as a whole, I
find that petitioner is entitled to an award as stated in the Proffer.
Consistent with the terms of the Proffer, the undersigned awards the following in
compensation:
(A) A lump sum payment of $245,852.11 (representing $36,326.97 for past and
future lost wages; $9,525.14 for past unreimbursed expenses; and $200,000.00
for past and future pain and suffering) in the form of a check payable to
petitioner, Timothy Werner Boothe.
This amount accounts for all elements of compensation under 42 U.S.C. § 300aa-15(a).
The Clerk of the Court is directed to ENTER JUDGMENT in accordance with this
decision.3
IT IS SO ORDERED.
s/Thomas L. Gowen
Thomas L. Gowen
Special Master
3 Pursuant to Vaccine Rule 11(a), the entry of judgment is expedited by the parties jointly or separately filing notice
renouncing their right to seek review.
2

Case 1:17-vv-01560-UNJ Document 37 Filed 11/26/18 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
TIMOTHY WERNER BOOTHE, )
)
Petitioner, )
) No. 17-1560V
v. ) Special Master
) Thomas L. Gowen
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
On September 17, 2018, the Special Master issued a Ruling on Entitlement finding
that petitioner is entitled to vaccine compensation. Respondent proffers based on the
evidence in the record that petitioner should be awarded $245,852.11. This amount
represents all elements of compensation to which petitioner would be entitled under 42
U.S.C. § 300aa-15(a). Petitioner agrees.
II. Items of Compensation and Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through lump sum payments as described below, and request that the Special Master’s
decision and the Court’s judgment award the following:1
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.

Case 1:17-vv-01560-UNJ Document 37 Filed 11/26/18 Page 4 of 5
A. Petitioner’s Damages
A lump sum payment of $245,852.11 (representing $36,326.97 for past
and future lost wages; $9,525.14 for past unreimbursed expenses; and
$200,000.00 for past and future pain and suffering), in the form of a check
payable to petitioner, Timothy Werner Boothe. This amount accounts for all
elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner
would be entitled.
B. Guardianship
Petitioner is a competent adult. Evidence of guardianship is not required in this
case.
III. Summary of Recommended Payments Following Judgment
A. Lump sum paid to petitioner $245,852.11
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
GABRIELLE M. FIELDING
Assistant Director
Torts Branch, Civil Division

Case 1:17-vv-01560-UNJ Document 37 Filed 11/26/18 Page 5 of 5
s/Linda S. Renzi
LINDA S. RENZI
Senior Trial Counsel
Torts Branch, Civil Division
U.S. Department of Justice
Ben Franklin Station, P.O. Box 146
Washington, D.C. 20044-0146
Tel.: (202) 616-4133
DATE: October 30, 2018