VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01935
Package ID: USCOURTS-cofc-1_17-vv-01935
Petitioner: James Phillips
Filed: 2017-12-13
Decided: 2020-09-30
Vaccine: influenza
Vaccination date: 2016-12-28
Condition: Guillain-Barre syndrome (GBS)
Outcome: compensated
Award amount USD: 214201

AI-assisted case summary:
James Phillips filed a petition alleging that an influenza vaccine he received on December 28, 2016, caused him to suffer Guillain-Barré syndrome (GBS). The case was filed on December 13, 2017. Respondent conceded entitlement, finding that Mr. Phillips suffered the Table injury of GBS following the flu vaccine within the Table time period and that his condition lasted for more than six months. A ruling on entitlement was issued on April 5, 2019, finding Mr. Phillips entitled to compensation. On August 28, 2020, Respondent filed a proffer on award of compensation, recommending a total award of $214,201.07. This amount included $175,000.00 for past and future pain and suffering and $39,201.07 to satisfy a State of Tennessee Medicaid lien. Mr. Phillips, a competent adult, agreed with the proffered award. The Chief Special Master issued a decision awarding damages on September 30, 2020, in accordance with the proffer.

Theory of causation field:
Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_17-vv-01935-0
Date issued/filed: 2019-06-12
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/05/2019) regarding 32 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
--------------------------------------------------------------------------------
Case 1:17-vv-01935-UNJ Document 38 Filed 06/12/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1935V
Filed: April 5, 2019
UNPUBLISHED
JAMES PHILLIPS,
Petitioner, Special Processing Unit (SPU);
v. Ruling on Entitlement; Concession;
Table Injury; Influenza (Flu) Vaccine;
SECRETARY OF HEALTH Guillain-Barre Syndrome (GBS)
AND HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
petitioner.
Amy Paula Kokot, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On December 13, 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 his receipt of an influenza (“flu”) vaccine on
December 28, 2016, caused him to suffer Guillain-Barré syndrome (“GBS”). Petition at
¶¶ 1, 3-4. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
1 The undersigned intends to post this ruling on the United States Court of Federal Claims' website. This
means the ruling 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 ruling 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-01935-UNJ Document 38 Filed 06/12/19 Page 2 of 2
On April 4, 2019, 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 “has concluded that petitioner suffered the Table injury of GBS
following a flu vaccine within the Table time period. See 42 C.F.R. §§ 100.3(a)(XIV)(D),
(c)(15). In addition, there is not preponderant medical evidence demonstrating that
petitioner’s condition was due to a factor unrelated to the flu vaccine. See 42 U.S.C. §
300aa-13(a)(1). Finally, the medical records outlined above establish that petitioner
suffered the residual effects of his GBS for more than six months.” Id. at 4.
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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_17-vv-01935-1
Date issued/filed: 2020-09-30
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 08/28/2020) regarding 64 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:17-vv-01935-UNJ Document 68 Filed 09/30/20 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1935V
UNPUBLISHED
JAMES PHILLIPS, Chief Special Master Corcoran
Petitioner, Filed: August 28, 2020
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Influenza (Flu) Vaccine; Guillain-
Barre Syndrome (GBS)
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Lisa Ann Watts, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On December 13, 2017, James Phillips 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-Barré syndrome (“GBS”) as a
result of a flu vaccine he received on December 28, 2016. Petition at ¶¶1, 3-4. Petitioner
further alleges that his injury last for more than six months. Petition at 2. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On April 5, 2019, a ruling on entitlement was issued finding Petitioner entitled to
compensation for GBS. On August 28, 2020, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded a total of $214,201.07,
representing $175,000.00 for Petitioner’s past and future pain and suffering, and
$39,201.07 which represents full satisfaction of a State of Tennessee Medicaid lien.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am
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). 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, I agree that the identified material fits within this definition, I 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-01935-UNJ Document 68 Filed 09/30/20 Page 2 of 5
Proffer at 1-2. In the Proffer, Respondent represented that Petitioner agrees with the
proffered award. Id. Based on the record as a whole, I find that Petitioner is entitled to
an award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, I award Petitioner the
following:
(1) A lump sum payment of $175,000.00, in the form of a check payable to
Petitioner, and
(2) A lump sum payment of $39,201.07, representing compensation for satisfaction
of the State of California Medicaid lien, payable jointly to Petitioner and to:
BlueCross BlueShield of Tennessee
ATTN: Tammy Miller
1 Cameron Hill Circle, Suite 0008
Chattanooga, TN 37402-0008
Medicaid account number: M12003291
Petitioner agreed to endorse this payment to BlueCross BlueShield of Tennessee.
These amounts represent 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/Brian H. Corcoran
Brian H. Corcoran
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-01935-UNJ Document 68 Filed 09/30/20 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
JAMES PHILLIPS,
Petitioner, No. 17-1935V
Chief Special Master Corcoran
v. ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On April 4, 2019, respondent conceded that entitlement to compensation was appropriate
under the terms of the Vaccine Act. Thereafter, on April 5, 2019, the Court issued a Ruling on
Entitlement, finding that petitioner was entitled to vaccine compensation for his Guillain-Barré
syndrome (“GBS”) following receipt of an influenza vaccine on December 18, 2016.
I. Compensation for Vaccine Injury-Related Items
Based on the evidence of record, respondent proffers that petitioner should be awarded
$175,000.00 for his past and future pain and suffering. This amount represents all elements of
compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a), with the
exception of the reimbursement of the Medicaid lien, below. Petitioner agrees.
Respondent further proffers that petitioner should be awarded funds to satisfy a State of
Tennessee Medicaid lien in the amount of $39,201.07, which represents full satisfaction of any
right of subrogation, assignment, claim, lien, or cause of action the State of Tennessee may have
against any individual as a result of any Medicaid payments that the State of Tennessee has made
to or on behalf of James Phillips from the date of his eligibility for benefits through the date of

Case 1:17-vv-01935-UNJ Document 68 Filed 09/30/20 Page 4 of 5
judgment in this case as a result of her vaccine-related injury suffered on or about December 28,
2016, under Title XIX of the Social Security Act. Petitioner agrees.
II. Form of the Award
Respondent recommends that the compensation provided to petitioner be made through
two lump sum payments as described below:
(1) The parties recommend that compensation provided to petitioner should be made
through a lump sum payment of $175,000.00, in the form of a check payable to
petitioner.1 Petitioner agrees.
(2) A lump sum payment of $39,201.07, representing compensation for satisfaction
of the State of California Medicaid lien, payable jointly to petitioner and to:
BlueCross BlueShield of Tennessee
ATTN: Tammy Miller
1 Cameron Hill Circle, Suite 0008
Chattanooga, TN 37402-0008
Medicaid account number: M12003291
Petitioner agrees to endorse this payment to BlueCross BlueShield of Tennessee.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
ETHAN P. DAVIS
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
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 pain and
suffering.
2

Case 1:17-vv-01935-UNJ Document 68 Filed 09/30/20 Page 5 of 5
HEATHER L. PEARLMAN
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
Telephone: (202) 616-4099
Dated: August 28, 2020
3