VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01956
Package ID: USCOURTS-cofc-1_17-vv-01956
Petitioner: Michael Valese
Filed: 2017-12-15
Decided: 2019-01-16
Vaccine: influenza
Vaccination date: 2015-11-19
Condition: Guillain-Barré syndrome (GBS)
Outcome: compensated
Award amount USD: 105000

AI-assisted case summary:
Michael Valese filed a petition for compensation under the National Vaccine Injury Compensation Program on December 15, 2017, alleging that he received an influenza vaccine on November 19, 2015, and subsequently developed Guillain-Barré syndrome (GBS). The case was assigned to the Special Processing Unit. On November 27, 2018, the respondent filed a Rule 4(c) report conceding that Mr. Valese is entitled to compensation. The respondent stated that Mr. Valese satisfied the criteria set forth in the revised Vaccine Injury Table (Table) and the Qualifications and Aids to Interpretation (QAI), which afford a presumption of causation if GBS onset occurs between three and forty-two days after a seasonal flu vaccination and there is no apparent alternative cause. The respondent also agreed that the statutory six-month sequela requirement had been satisfied. Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on November 30, 2018, finding Mr. Valese entitled to compensation. Subsequently, on January 16, 2019, Chief Special Master Dorsey issued a decision awarding damages. This decision was based on a Rule 4(c) report and proffer on award of compensation filed by the respondent, which indicated Mr. Valese should be awarded $105,000.00. The respondent represented that Mr. Valese agreed with the proffered award. Chief Special Master Dorsey awarded Mr. Valese a lump sum payment of $105,000.00, payable by check to Michael Valese, as compensation for all damages. Petitioner was represented by Maximillian J. Muller of Muller Brazil, LLP, and respondent was represented by Ryan Daniel Pyles of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or the medical expert opinions relied upon.

Theory of causation field:
Petitioner Michael Valese alleged that he received an influenza vaccine on November 19, 2015, and subsequently developed Guillain-Barré syndrome (GBS). The respondent conceded entitlement, agreeing that petitioner satisfied the criteria for a Table injury under 42 U.S.C. § 300aa-14(a)(XIV)(D) and (c)(15), which provides a presumption of causation for GBS occurring between three and forty-two days after a seasonal flu vaccination in the absence of an alternative cause. The respondent also confirmed satisfaction of the six-month sequela requirement. The case resulted in a ruling on entitlement on November 30, 2018, and a damages decision on January 16, 2019. Petitioner was awarded $105,000.00 as a lump sum payment. The public text does not name specific medical experts or detail the mechanism of injury beyond the Table criteria. Petitioner counsel was Maximillian J. Muller, and respondent counsel was Ryan Daniel Pyles. Chief Special Master Nora Beth Dorsey presided over the case.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01956-0
Date issued/filed: 2019-01-15
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/30/2018) regarding 21 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01956-UNJ Document 26 Filed 01/15/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1956V
Filed: November 30, 2018
UNPUBLISHED
MICHAEL VALESE,
Petitioner, Special Processing Unit (SPU);
v. Ruling on Entitlement; Concession;
Table Injury; Influenza (Flu) Vaccine;
SECRETARY OF HEALTH AND Guillain-Barre Syndrome (GBS)
HUMAN SERVICES,
Respondent.
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On December 15, 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 received an influenza (flu) vaccination on
November 19, 2015, and thereafter suffered from Guillain-Barré syndrome (GBS).
Petition at 1. 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-01956-UNJ Document 26 Filed 01/15/19 Page 2 of 2
On November 27, 2018, 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 states that “petitioner has satisfied the criteria
set forth in the revised Vaccine Injury Table (Table) and the Qualifications and Aids to
Interpretation (QAI), which afford petitioner a presumption of causation if the onset of
GBS occurs between three and forty-two days after a seasonal flu vaccination and there
is no apparent alternative cause.” Id. at 3 (citing 42 U.S.C. § 300aa-14(a)(XIV)(D),
(c)(15)). Respondent further agrees that “the statutory six month sequela requirement
has been satisfied.” Id.
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
2

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DOCUMENT 2: USCOURTS-cofc-1_17-vv-01956-1
Date issued/filed: 2019-01-16
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 11/30/2018) regarding 22 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01956-UNJ Document 27 Filed 01/16/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1956V
Filed: November 30, 2018
UNPUBLISHED
MICHAEL VALESE,
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.
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On December 15, 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 received an influenza (flu) vaccination on
November 19, 2015, and thereafter suffered from Guillain-Barré syndrome (GBS).
Petition at 1. 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-01956-UNJ Document 27 Filed 01/16/19 Page 2 of 2
On November 27, 2018, respondent filed a Rule 4(c) report and proffer on award
of compensation (“Proffer”) indicating petitioner should be awarded $105,000.00. Rule
4/Proffer at 4. On November 30, 2018, a ruling on entitlement was issued, finding
petitioner entitled to compensation for GBS.
In the Rule 4/Proffer, respondent represented that petitioner agrees with the
proffered award. Based on the record as a whole, the undersigned finds that petitioner
is entitled to an award as stated in the Rule 4/Proffer.
Pursuant to the terms stated in the Rule 4/Proffer, the undersigned awards
petitioner a lump sum payment of $105,000.00 in the form of a check payable to
petitioner, Michael Valese. 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