VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01993
Package ID: USCOURTS-cofc-1_17-vv-01993
Petitioner: Ralph M. Pavelka
Filed: 2017-12-20
Decided: 2020-02-13
Vaccine: influenza
Vaccination date: 2015-01-06
Condition: Guillain-Barre Syndrome
Outcome: compensated
Award amount USD: 225592

AI-assisted case summary:
Ralph M. Pavelka filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccination administered on January 6, 2015. The respondent conceded that Mr. Pavelka was entitled to compensation, as he met the criteria set forth in the Vaccine Injury Table for GBS following a seasonal flu vaccination. The decision on entitlement was issued on January 21, 2020, finding Mr. Pavelka entitled to compensation. Subsequently, on December 31, 2019, the respondent filed a proffer on award of compensation, proposing an award of $225,592.77. This amount included $3,012.64 for projected life care expenses, $215,289.26 for actual and projected pain and suffering, and $7,290.87 for past unreimbursable expenses. Mr. Pavelka agreed with this proffered award. The Chief Special Master issued a decision awarding Mr. Pavelka a lump sum payment of $225,592.77 on February 13, 2020, representing compensation for all damages available under the Vaccine Act.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01993-0
Date issued/filed: 2019-05-29
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 03/21/2019) regarding 26 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01993-UNJ Document 30 Filed 05/29/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1993V
Filed: March 21, 2019
UNPUBLISHED
RALPH M. PAVELKA,
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.
Kate Gerayne Westad, Larkin Hoffman, Daly & Lindgren, Ltd., Minneapolis, MN, for
petitioner.
Glenn Alexander MacLeod, U.S. Department of Justice, Washington, DC, for
respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On December 20, 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 Guillain-Barre Syndrome (“GBS”) as
a result of an influenza (“flu”) vaccination administered to him on January 6, 2015.
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-01993-UNJ Document 30 Filed 05/29/19 Page 2 of 2
On March 21, 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 states that “petitioner has satisfied the criteria set forth in
the Vaccine Injury Table and the Qualifications and Aids to Interpretation, which afford
petitioner a presumption of vaccine 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 6.
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

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DOCUMENT 2: USCOURTS-cofc-1_17-vv-01993-1
Date issued/filed: 2020-02-13
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 01/13/2020) regarding 44 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (SW) Service on parties made.
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Case 1:17-vv-01993-UNJ Document 48 Filed 02/13/20 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1993V
UNPUBLISHED
RALPH M. PAVELKA, Chief Special Master Corcoran
Petitioner, Filed: January 13, 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.
Kate Gerayne Westad, Larkin Hoffman, Daly & Lindgren, Ltd., Minneapolis, MN, for
petitioner.
Glenn Alexander MacLeod, U.S. Department of Justice, Washington, DC, for
respondent.
DECISION AWARDING DAMAGES1
On December 20, 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 Guillain-Barre Syndrome (“GBS”) as
a result of an influenza (“flu”) vaccination administered to him on January 6, 2015.
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On January 21, 2020, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for his GBS. On December 31, 2019, Respondent filed a
proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded
$225,592.77, representing $3,012.64 for Petitioner’s projected life care expenses,
$215,289.26 for Petitioner’s actual and projected pain and suffering, and $7,290.87 for
1 Because this unpublished ruling 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 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, 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-01993-UNJ Document 48 Filed 02/13/20 Page 2 of 4
Petitioner’s past unreimbursable expenses. Proffer at 1. 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 a lump
sum payment of $225,592.77, representing $3,012.64 for Petitioner’s projected life
care expenses, $215,289.26 for Petitioner’s actual and projected pain and
suffering, and $7,290.87 for Petitioner’s actual unreimbursable expenses in the
form of a check payable to Petitioner. 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/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-01993-UNJ Document 48 Filed 02/13/20 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
__________________________________________
)
RALPH M. PAVELKA, )
)
) No. 17-1993V
Petitioner, ) Chief Special Master Corcoran
) ECF
v. )
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
__________________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine-Related Items:
On March 21, 2019, respondent conceded that entitlement to compensation was
appropriate under the terms of the Vaccine Act. On March 21, 2019, the Court issued a Ruling
on Entitlement, finding that petitioner was entitled to vaccine compensation for his Guillain-
Barré Syndrome (“GBS”). Respondent proffers that, based on the evidence of record, petitioner,
Ralph M. Pavelka, should be awarded $225,592.77, which amount represents $3,012.64 in
compensation for projected life care expenses, $215,289.26 in actual and projected pain and
suffering, and $7,290.87 for past unreimbursable expenses.1 This amount represents all elements
of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner
agrees.
1 This amount reflects that any award for projected life care expenses or projected pain and suffering has been
reduced to net present value. See 42 U.S.C. § 300aa-15(f)(4)(A). This proffer does not include any award for
attorneys’ fees and costs that may be awarded pursuant to 42 U.S.C. § 300aa-15(e).
1

Case 1:17-vv-01993-UNJ Document 48 Filed 02/13/20 Page 4 of 4
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment as described below, and request that the Special Master’s decision
and the Court’s judgment award the following:2
A. A lump sum payment of $225,592.77 in the form of a check payable to petitioner,
Ralph M. Pavelka. This amount accounts for all elements of compensation under 42
U.S.C. § 300aa-15(a) to which petitioner would be entitled.
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 B. BABCOCK
Assistant Director
Torts Branch, Civil Division
/s/Glenn A. MacLeod
GLENN A. MACLEOD
Senior Trial Counsel
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 616-4122
Dated:
2 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.
2