VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-02019
Package ID: USCOURTS-cofc-1_17-vv-02019
Petitioner: Randall Fennig
Filed: 2018-10-18
Decided: 2020-08-05
Vaccine: influenza
Vaccination date: 2016-10-17
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 20000

AI-assisted case summary:
Randall Fennig filed a petition alleging Guillain-Barre Syndrome (GBS) as a result of an influenza vaccination received on October 17, 2016. The respondent conceded entitlement, stating that Mr. Fennig suffered the Table injury of GBS following a flu vaccine within the Table time period, and that there was no evidence of an unrelated cause. The respondent also agreed that the claim met the statutory severity requirements because Mr. Fennig experienced sequelae of his GBS for more than six months. A ruling on entitlement was issued on October 18, 2018, finding Mr. Fennig entitled to compensation. Subsequently, on August 5, 2020, a decision awarding damages was issued. The parties agreed to a compensation award consisting of a lump sum payment of $20,000.08 for partial pain and suffering and past unreimbursable expenses, and amounts sufficient to purchase two annuity contracts for future medical expenses and future payments.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-02019-0
Date issued/filed: 2018-12-12
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/18/2018) regarding 24 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-02019-UNJ Document 28 Filed 12/12/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-2019V
Filed: October 18, 2018
UNPUBLISHED
RANDALL FENNIG,
Special Processing Unit (SPU);
Petitioner, Ruling on Entitlement; Concession;
v. Table Injury; Influenza (Flu) Vaccine;
Guillain-Barre Syndrome (GBS)
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Clifford John Shoemaker, Shoemaker, Gentry & Knickelbein, Vienna, VA, for petitioner.
Voris Edward Johnson, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On December 22, 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 Guillian-Barre Syndrome (“GBS”) as
a result of the influenza vaccination received on October 17, 2016. Petition at 1-2. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On October 17, 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 suffered the Table injury of 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
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, the
undersigned intends 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). 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.
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-02019-UNJ Document 28 Filed 12/12/18 Page 2 of 2
vaccination.” Id. at 6. Respondent further agrees that “[t]he claim also meets the
statutory severity requirements because petitioner experienced sequelae of his GBS for
more than six months” and therefore “compensation is appropriate, as petitioner has
satisfied all legal prerequisites for compensation under the Act.” 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

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DOCUMENT 2: USCOURTS-cofc-1_17-vv-02019-2
Date issued/filed: 2020-08-05
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 07/01/2020) regarding 83 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:17-vv-02019-UNJ Document 87 Filed 08/05/20 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-2019V
UNPUBLISHED
RANDALL FENNIG, Chief Special Master Corcoran
Petitioner, Filed: July 1, 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.
Renee Ja Gentry, The Law Office of Renee J. Gentry, Washington, DC, for petitioner.
Voris Edward Johnson, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On December 22, 2017, Randall Fennig 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 alleged that he suffered Guillain-Barré syndrome (“GBS”) as a
result of the influenza vaccine he received on October 17, 2016. Petition at 1-2. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On October 18, 2018, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for GBS. On June 23, 2020, Respondent filed an amended proffer on
award of compensation (“Proffer”) (ECF No. 80-1) indicating Petitioner should be awarded
a lump sum payment of $20,000.08 (consisting of $7,045.00 for partial pain and suffering,
and $12,955.08 for past unreimbursable expenses) as well as an amount sufficient to
purchase two annuity contracts pursuant to the terms set forth in the Proffer. Proffer at
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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:17-vv-02019-UNJ Document 87 Filed 08/05/20 Page 2 of 8
2-5. 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 the following
compensation:
1. A lump sum payment of $20,000.08, (consisting of $7,045.00 for partial pain
and suffering and $12,955.08 for past unreimbursable expenses), in the form of
a check payable to Petitioner, Randall Fennig;
2. An amount sufficient to purchase an annuity contract subject to the
conditions described in the Proffer to provide payments to Petitioner of
$3,467.81 per year, for life only, compounding annually at 4.0%, beginning
six (6) months from the date of judgment, paid to the Life Insurance
Company from which the annuity will be purchased. These payments shall
be provided through Respondent’s purchase of an annuity, which annuity
shall make payments directly to Petitioner, Randall Fennig, only so long as
he is alive at the time a particular payment is due. Written notice shall be
provided to the Secretary of Health and Human Services and the Life
Insurance Company within twenty (20) days of Randall Fennig’s death; and
3. An amount sufficient to purchase an annuity contract, subject to the
conditions described in the Proffer to provide payments to Petitioner of
$20,000.00 one (1) year from date of judgment; $50,000.00 two (2) years
from date of judgment; $50,000.00 three (3) years from date of judgment;
$50,000.00 four (4) years from the date of judgment; and, $45,555.00 five
years (5) years from date of judgment, paid to the Life Insurance Company
from which the annuity will be purchased. These payments shall be
provided through Respondent’s purchase of an annuity, which annuity
shall make payments directly to Petitioner, Randall Fennig, at the time a
particular payment is due.
This amount represents compensation for all damages that would be available
under Section 15(a). Further, pursuant to Sections 15(g)3 and (h)4, the amounts
3 Section 15(g) specifically states:
Payment of compensation under the Program shall not be made for any
item or service to the extent that payment has been made, or can
reasonably be expected to be made, with respect to such item or service
(1) under any State compensation program, under an insurance policy, or
under any Federal or State health benefits program (other than under title
XIX of the Social Security Act (42 U.S.C. 1396 et seq.)), or (2) by an entity
which provides health services on a prepaid basis.
4 Section 15(h) prohibits any health insurance policy from “mak[ing] payment of benefits under the policy
secondary to the payment of compensation under the Program.”
2

Case 1:17-vv-02019-UNJ Document 87 Filed 08/05/20 Page 3 of 8
awarded herein cannot be used to reimburse any insurer for its payments for
Petitioner’s treatment in connection with the injury, sickness, accident, or
condition which gave rise to this case.
The Clerk of the Court is directed to enter judgment in accordance with this
decision.5
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
5 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.
3

Case 1:17-vv-02019-UNJ Document 87 Filed 08/05/20 Page 4 of 8
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
__________________________________________
)
RANDALL FENNIG, )
)
Petitioner, )
) No. 17-2019V (ECF)
v. ) Chief Special Master Corcoran
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
__________________________________________)
RESPONDENT'S AMENDED PROFFER ON AWARD OF COMPENSATION
On October 17, 2018, the Secretary of Health and Human Services (“respondent”) filed
his Rule 4(c) Report conceding entitlement to compensation in this matter alleging the Table
injury Guillain-Barré syndrome (“GBS”) following an influenza vaccination. On October 18,
2018, the Court issued a Ruling on Entitlement finding Randall Fennig (“petitioner”) entitled to
compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1
to -34, as amended (“Vaccine Act” or “Act”). Respondent now proffers that petitioner receive a
compensation award consisting of the following, which represents compensation for all elements
of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner is entitled:1
I. Items of Compensation
A. Life Care Items
Respondent engaged life care planner Linda Curtis, RN, MS, CCM, CNLCP, to provide
an estimation of petitioner’s future needs arising from his GBS. Respondent proffers that
petitioner should be awarded future medical expenses in accordance with Nurse Curtis’s life care
plan, at an estimated cost $3,467.81 per year. Petitioner agrees.
1 Petitioner is a competent adult. Evidence of guardianship is not required in this case.

Case 1:17-vv-02019-UNJ Document 87 Filed 08/05/20 Page 5 of 8
B. Pain and Suffering
Respondent proffers that petitioner should be awarded $222,500.00 in actual and
projected pain and suffering for his GBS. This amount reflects that the award for projected pain
and suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner
agrees.
C. Past Unreimbursable Expenses
Evidence supplied by petitioner documents petitioner’s expenditure of past
unreimbursable expenses related to his GBS. Respondent proffers that petitioner should be
awarded past unreimbursable expenses in the amount of $12,955.08. Petitioner agrees.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a combination of lump sum payments and future annuity payments as described below,
and request that the Chief Special Master’s decision and the Court’s judgment award the
following:2
A. A lump sum payment of $20,000.08, representing payment for partial pain and
suffering and past unreimbursable expenses, in the form of a check payable to petitioner, Randall
Fennig; and,
B. An amount sufficient to purchase an annuity contract,3 subject to the conditions
described below, that will provide payments to petitioner of $3,467.81 per year, for life only,
compounding annually at 4.0%, beginning six (6) months from the date of Judgment, paid to the
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.
3 In respondent’s discretion, respondent may purchase one or more annuity contracts from one
or more life insurance companies.
-2-

Case 1:17-vv-02019-UNJ Document 87 Filed 08/05/20 Page 6 of 8
Life Insurance Company4 from which the annuity will be purchased. These payments shall be
provided through respondent’s purchase of an annuity, which annuity shall make payments
directly to petitioner, Randall Fennig, only so long as he is alive at the time a particular payment
is due. Written notice shall be provided to the Secretary of Health and Human Services and the
Life Insurance Company within twenty (20) days of Randall Fennig’s death.
C. An amount sufficient to purchase an annuity contract, subject to the conditions
described below, that will provide payments to petitioner of $20,000.00 one (1) year from date of
judgment; $50,000.00 two (2) years from date of judgment; $50,000.00 three (3) years from date
of judgment; $50,000.00 four (4) years from date of judgment; and, $45,555.00 five (5) years
from date of judgment, paid to the Life Insurance Company from which the annuity will be
purchased. These payments shall be provided through respondent’s purchase of an annuity,
which annuity shall make payments directly to petitioner, Randall Fennig, at the time a particular
payment is due.
1. Lump Sum Payments annuity
Should Randall Fennig predecease the certain payment period specified above in
Section II.C., any remaining payment(s) shall be made to his estate. However,
4 The Life Insurance Company must have a minimum of $250,000,000 capital and surplus,
exclusive of any mandatory security valuation reserve. The Life Insurance Company must have
one of the following ratings from two of the following rating organizations:
a. A.M. Best Company: A++, A+, A+g, A+p, A+r, or A+s;
b. Moody's Investor Service Claims Paying Rating: Aa3, Aa2, Aa1, or Aaa;
c. Standard and Poor's Corporation Insurer Claims-Paying Ability Rating: AA-,
AA, AA+, or AAA;
d. Fitch Credit Rating Company, Insurance Company Claims Paying Ability
Rating: AA-, AA, AA+, or AAA.
-3-

Case 1:17-vv-02019-UNJ Document 87 Filed 08/05/20 Page 7 of 8
written notice to the Secretary of Health and Human Services and the Life Insurance
Company shall be provided within twenty (20) days of Randall Fennig’s death.
D. The annuity contract(s) shall be owned solely and exclusively by the Secretary of
Health and Human Services and will be purchased as soon as practicable following the entry of
this judgment.5 The parties agree that the Secretary of Health and Human Services and the
United States of America are not responsible for the payment of any sums other than the amounts
set forth herein and that they do not guarantee or insure any future annuity payments. Upon the
purchase of the annuity contract(s), the Secretary of Health and Human Services and the United
States of America are released from any and all obligations with respect to any future annuity
payments.
The obligation of the annuity company to make each annuity payment shall be discharged
upon the mailing of a valid check in the amount of such payment to the address designated by the
party to whom the payment is required to be made. Payments lost or delayed through no fault of
the annuity company shall be promptly replaced by the annuity company, but the annuity
company is not liable for interest during the interim.
The parties stipulate and agree that the annuity payments cannot be assigned, accelerated,
deferred, increased, or decreased by the parties, that no part of any annuity payments called for
herein, nor any assets of the United States or the annuity company, are subject to execution or
any legal process for any obligation in any manner, and that petitioner shall not have the power
or right to sell, assign, mortgage, encumber, or anticipate said annuity payments, or any part
thereof, by assignment or otherwise.
5 Petitioner authorizes the disclosure of certain documents filed by the petitioner in this case
consistent with the Privacy Act and the routine uses described in the National Vaccine Injury
Compensation Program System of Records, No. 09-15-0056.
-4-

Case 1:17-vv-02019-UNJ Document 87 Filed 08/05/20 Page 8 of 8
III. Summary of Recommended Payments Following Judgment
A. Lump Sum paid to petitioner, Randall Fennig: $20,000.08
B. An amount sufficient to purchase the annuity contracts described
above in sections II.B and II.C.
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/Voris E. Johnson, Jr.
VORIS E. JOHNSON, JR.
Senior Trial Attorney
Torts Branch, Civil Division
U. S. Department of Justice
P.O. Box l46, Benjamin Franklin Station
Washington, D.C. 20044-0146
Direct dial: (202) 616-4136
Dated: June 23, 2020
-5-