VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01651
Package ID: USCOURTS-cofc-1_17-vv-01651
Petitioner: Alfred J. Gipson
Filed: 2017-11-01
Decided: 2018-10-30
Vaccine: influenza
Vaccination date: 2015-11-05
Condition: Guillain-Barré syndrome (GBS)
Outcome: compensated
Award amount USD: 

AI-assisted case summary:
Patsy Gipson, as Trustee of Alfred J. Gipson, Deceased, filed a petition on November 1, 2017, on behalf of her husband, Alfred Gipson, seeking compensation under the National Vaccine Injury Compensation Program. The petition alleged that Mr. Gipson suffered from Guillain-Barré syndrome (GBS) as a result of receiving an influenza vaccine on November 5, 2015, and that his death on January 1, 2017, was a sequela of that injury. The petition was later amended on September 5, 2018, to seek compensation only for the GBS injury itself, removing the claim for compensation related to Mr. Gipson's death. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report on August 24, 2018, in which they acknowledged that the petitioner's claim was compensable as a Table injury under the Act. The respondent stated that their review of the petition and accompanying documents, as well as relevant medical records, led to the conclusion that the petitioner satisfied the criteria set forth in the Table. Specifically, the respondent conceded that the evidence showed Mr. Gipson suffered from GBS as a result of the flu vaccine and that the onset occurred within the appropriate timeframe. Based on the respondent's concession and a review of the record, Special Master Brian H. Corcoran found that the petitioner was entitled to compensation for an injury that was caused-in-fact by a covered vaccine. A separate order for damages was to be issued. Timothy J. Lessman of Knutson & Casey Law Firm represented the petitioner, and Lisa A. Watts of the U.S. Department of Justice represented the respondent. The ruling was issued on October 30, 2018.

Theory of causation field:
Petitioner alleged Guillain-Barré syndrome (GBS) following an influenza vaccine administered on November 5, 2015. The respondent conceded that the claim was compensable as a Table injury, acknowledging that the evidence showed GBS resulted from the flu vaccine with an appropriate timeframe for onset. The Special Master, Brian H. Corcoran, found entitlement based on the respondent's concession and review of the record. A separate damages order was to be issued. Petitioner counsel was Timothy J. Lessman, and respondent counsel was Lisa A. Watts. The decision date was October 30, 2018.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01651-0
Date issued/filed: 2018-10-30
Pages: 2
Docket text: PUBLIC RULING (Originally filed: 10/1/2018) Regarding 23 Ruling on Entitlement (Signed by Special Master Brian H. Corcoran). (cr) Service on parties made.
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Case 1:17-vv-01651-UNJ Document 25 Filed 10/30/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1651V
(Not to be Published)
* * * * * * * * * * * * * * * * * * * * * * * * *
PATSY GIPSON, Trustee of Alfred J. *
Gipson, Deceased, *
*
Petitioner, * Filed: October 1, 2018
*
v. *
* Entitlement; Influenza Vaccine;
SECRETARY OF HEALTH * Guillain-Barré Syndrome (“GBS”);
AND HUMAN SERVICES, * Conceded.
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Timothy J. Lessman, Knutson & Casey Law Firm, Mankato, MN, for Petitioner.
Lisa A. Watts, U.S. Dep’t of Justice, Washington, DC, for Respondent.
RULING FINDING ENTITLEMENT1
On November 1, 2017, Patty Gipson filed a petition on behalf of her husband, Alfred
Gipson, seeking compensation under the National Vaccine Injury Compensation Program.2
Petitioner alleged that Mr. Gipson suffered from Guillain-Barré syndrome (“GBS”) as a result of
receiving the influenza (“flu”) vaccination on November 5, 2015, and that his death on January 1,
2017, was a sequela of that injury. Petition (ECF No. 1) at 1. Petitioner subsequently amended her
petition on September 5, 2018, to remove the requested compensation for Mr. Gibson’s death
1 Although this Ruling has been formally designated “not to be published,” it will nevertheless be posted on the Court
of Federal Claims’s website in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 (2012). This means
the Ruling will be available to anyone with access to the internet. As provided by 42 U.S.C. § 300aa-12(d)(4)(B),
however, the parties may object to the Ruling’s inclusion of certain kinds of confidential information. Specifically,
under Vaccine Rule 18(b), each party has fourteen days within which to request 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). Otherwise, the Ruling in its present form will be available. Id.
2 The National Vaccine Injury Compensation Program comprises Part 2 of the National Childhood Vaccine Injury Act
of 1986, Pub. L. No. 99-660, 100 Stat. 3755 (codified as amended at 42 U.S.C. § 300aa-10 through 34 (2012)).

Case 1:17-vv-01651-UNJ Document 25 Filed 10/30/18 Page 2 of 2
(thus, limiting her compensation request to Mr. Gibson’s GBS injury). Amended Petition (ECF
No. 22) at 1.
In his Rule 4(c) Report, Respondent acknowledged that Petitioner’s claim is compensable
as a Table injury under the Act. See Respondent’s Rule 4(c) Report, dated Aug. 24, 2018 (ECF
No. 21). Respondent specifically stated that medical personnel at the Division of Injury
Compensation Programs, Department of Health and Human Services, have reviewed the petition
and accompanying documents filed in this case, as well as the relevant medical records, and
Respondent has concluded that Petitioner satisfied the criteria set forth in the Table. Id. at 5-6.
Respondent concedes that the evidence shows that Petitioner suffered from GBS as a result of the
flu vaccine, and that onset occurred within the appropriate timeframe. Id. Respondent therefore
concludes that Petitioner is entitled to an award of damages. Id.
In view of Respondent’s concession, and based on my own review of the record (see §
300aa-13(a)(1); 42 C.F.R. § 100.3 (a)(I)), I find that Petitioner is entitled to compensation for an
injury that was caused-in-fact by a covered vaccine. 42 C.F.R. §§ 100.3(a)(XIV), 100.3(b)(2). A
separate damages order will be issued shortly.
Any questions may be directed to my law clerk, Cate Rodgers, at (202) 357-6345.
IT IS SO ORDERED.
/s/ Brian H. Corcoran
Brian H. Corcoran
Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_17-vv-01651-1
Date issued/filed: 2019-03-29
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 2/25/2019) Regarding 29 DECISION - Proffer (Signed by Special Master Brian H. Corcoran). (cr) Service on parties made.
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Case 1:17-vv-01651-UNJ Document 33 Filed 03/29/19 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1651V
(Not to be Published)
* * * * * * * * * * * * * * * * * * * * * * * * *
* Special Master Corcoran
PATSY GIPSON, *
Trustee of Alfred J. Gipson, deceased, *
*
Petitioner, * Filed: February 25, 2019
*
v. *
* Decision by Proffer; Damages;
SECRETARY OF HEALTH * Influenza (“Flu”) Vaccine;
AND HUMAN SERVICES, * Guillain-Barré syndrome (“GBS”).
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Timothy J. Lessman, Knutson & Casey Law Firm, Mankato, MN, for Petitioner.
Lisa A. Watts, U.S. Dep’t of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On November 1, 2017, Patsy Gipson, Trustee of Alfred A. Gipson, filed a petition seeking
compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleged that
Mr. Gipson suffered from Guillain-Barré syndrome (“GBS”) as a result of receiving the influenza
(“flu”) vaccine on November 5, 2015, and that his death on January 1, 2017, was a sequela of that
injury. Petition (ECF No. 1) at 1. Petitioner subsequently amended her petition on September 5,
1 Although this Decision has not been specified for publication, it will nevertheless be posted on the United States
Court of Federal Claims website, in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 (2012). This
means the Decision will be available to anyone with access to the internet. As provided by 42 U.S.C. § 300aa-
12(d)(4)(B), however, the parties may object to the published decision’s inclusion of certain kinds of confidential
information. Specifically, under Vaccine Rule 18(b), each party has fourteen days within which to request 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). Otherwise, the whole Decision will be available to
the public in its current form. Id.
2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660,
100 Stat. 3758, codified as amended at 42 U.S.C. §§ 300aa-10 through 34 (2012) (“Vaccine Act” or “the Act”).
Individual section references hereafter will be to § 300aa of the Act (but will omit that statutory prefix).

Case 1:17-vv-01651-UNJ Document 33 Filed 03/29/19 Page 2 of 4
2018, to remove the requested compensation for Mr. Gipson’s death (thus, limiting her
compensation request to damages directly attributable to Mr. Gipson’s GBS injury). Amended
Petition (ECF No. 22) at 1.
Thereafter, on August 24, 2018, Respondent filed his Rule 4(c) Report indicating that
medical personnel of the Division of Injury Compensation Programs (“DICP”), Department of
Health and Human Services concluded that Petitioner has satisfied the criteria for a GBS/flu
vaccine injury as set forth in the Vaccine Injury Table (“Table”). See Rule 4(c) Report, filed Aug.
24, 2018 (ECF No. 21) at 5-6. According to Respondent, the evidence shows that Petitioner
suffered GBS following administration of the flu vaccine, and that onset occurred within the time
period specified in the Table. Id. at 5. Thus, Respondent indicated that based on his review of the
record Petitioner satisfied all legal prerequisites for compensation under the Act. Id. at 5-6. I
subsequently issued a ruling on entitlement on October 1, 2018. See ECF No. 23.
On February 25, 2019, Respondent filed a proffer proposing an award of compensation.
ECF No. 28. I have reviewed the file, and based upon that review I conclude that the Respondent’s
proffer (as attached hereto) is reasonable. I therefore adopt it as my decision in awarding damages
on the terms set forth therein.
The proffer awards:
• A lump sum payment of $176,288.00, representing Mr. Gibson’s pain and suffering
($175,000.00), plus past unreimbursable expenses ($1,288.00), in the form of a check
payable to Petitioner.
Proffer at I-II. These amounts represent compensation for all elements of compensation under 42
U.S.C. § 300aa-15(a) to which Petitioner is entitled.
I approve a Vaccine Program award in the requested amount set forth above to be made 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.3
IT IS SO ORDERED.
/s/ Brian H. Corcoran
Brian H. Corcoran
Special Master
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately)
a notice renouncing their right to seek review.
2

Case 1:17-vv-01651-UNJ Document 33 Filed 03/29/19 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * * * * *
PATSY GIPSON, Trustee of Alfred J. *
Gipson, Deceased, *
*
Petitioner, *
*
v. * No. 17-1651V (ECF)
* Special Master
* BRIAN H. CORCORAN
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent *
* * * * * * * * * * * * * * * * * * * * * * * * *
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On November 1, 2017, Patsy Gipson, Trustee of Alfred A. Gipson (“Alfred”),
(“petitioner”) filed a petition for compensation alleging that Alfred suffered Guillain-Barré
syndrome (“GBS”), a Table injury, as a result of an influenza (“flu”) vaccine administered to him
on November 5, 2015, and that his death on January 1, 2017, was a sequela of that alleged
vaccine injury.
On August 24, 2018, Respondent filed his Rule 4(c) Report conceding entitlement to
compensation for Alfred’s Table injury of GBS, but denying that Alfred’s GBS was a substantial
factor in the cause of his death.
Petitioner filed an Amended Petition on September 5, 2018, withdrawing her claim for
damages for Alfred’s death.
On October 1, 2018, the Special Master issued an Entitlement Ruling finding that
petitioner was entitled to compensation under the Vaccine Act for Alfred’s GBS.
1

Case 1:17-vv-01651-UNJ Document 33 Filed 03/29/19 Page 4 of 4
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$176,288.00 consisting of $175,000.00 for Alfred’s pain and suffering, and $1,288.00 for past
unreimbursable expenses related to Alfred’s GBS. This 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
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment of $176,288.00 in the form of a check payable to petitioner.
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
GABRIELLE M. FIELDING
Assistant Director
Torts Branch, Civil Division
s/Lisa A. Watts
LISA A. WATTS
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Dated: February 25, 2019 Tel.: (202) 616-4099
2