VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00037
Package ID: USCOURTS-cofc-1_18-vv-00037
Petitioner: Richard Stroessner
Filed: 2020-01-27
Decided: 2022-05-23
Vaccine: influenza
Vaccination date: 2015-10-19
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 223662

AI-assisted case summary:
Richard Stroessner filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered Guillain-Barre Syndrome (GBS) after receiving an influenza vaccination on October 19, 2015. The petition stated that his GBS occurred within the timeframe specified on the Vaccine Injury Table. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Mr. Stroessner was entitled to compensation. The respondent agreed that the petitioner met the criteria for a Table injury, specifically GBS following a seasonal flu vaccination within the specified onset window and with no apparent alternative cause. Based on the respondent's concession and the evidence, the court issued a ruling on entitlement, finding Mr. Stroessner eligible for compensation. Subsequently, the respondent filed a proffer on award of compensation. The parties agreed to a total award of $223,662.50. This amount included $175,000.00 for past and future pain and suffering, $3,426.50 for past unreimbursable expenses, and $45,236.00 for future life care plan expenses for the first year. Additionally, a lump sum was awarded to purchase an annuity contract for future ancillary services, equipment, medication, transportation, and attendant care expenses. The decision awarding damages was issued on May 23, 2022.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-00037-0
Date issued/filed: 2020-03-04
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/27/2020) regarding 47 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-00037-UNJ Document 49 Filed 03/04/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-0037V
UNPUBLISHED
RICHARD STROESSNER, Chief Special Master Corcoran
Petitioner, Filed: January 27, 2020
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Table Injury; Influenza (Flu) Vaccine;
Guillain-Barre Syndrome (GBS)
Respondent.
Richard Gage, Richard Gage, P.C. (WY), Cheyenne, WY, for petitioner.
Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On January 8, 2018, Richard Stroessner 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, after receiving an influenza vaccination on
October 19, 2015, he “suffered Guillain-Barre Syndrome within the time set forth on the
vaccine injury table.” Petition at ¶¶ 2, 6. Petitioner further alleges that he received the
vaccination in the United States, suffered the residual effects of his GBS for more than
six months, and that neither he nor any other party has filed a civil action or received an
award for his GBS, alleged as vaccine caused. Id. at ¶¶ 2, 7-8. The case was assigned
to the Special Processing Unit of the Office of Special Masters.
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 1:18-vv-00037-UNJ Document 49 Filed 03/04/20 Page 2 of 2
On January 24, 2020, 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 believes “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 6. Respondent further agrees that
“based on the current record, petitioner has satisfied all legal prerequisites for
compensation under the Act.” Id.
In view of Respondent’s position and the evidence of record, I find that
Petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_18-vv-00037-1
Date issued/filed: 2022-05-23
Pages: 6
Docket text: PUBLIC DECISION (Originally filed: 04/21/2022) regarding 80 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-00037-UNJ Document 84 Filed 05/23/22 Page 1 of 6
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-0037V
UNPUBLISHED
RICHARD STROESSNER, Chief Special Master Corcoran
Petitioner, Filed: April 21, 2022
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Influenza (Flu) Vaccine; Guillain-
Barre Syndrome (GBS)
Respondent.
Richard Gage, Richard Gage, P.C. (WY), Cheyenne, WY, for Petitioner.
Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 8, 2018, Richard Stroessner 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, after receiving an influenza vaccination on October
19, 2015, he “suffered Guillain-Barré Syndrome (“GBS”) within the time set forth on the
vaccine injury table.” Petition at ¶¶ 2, 6. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On January 27, 2020, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for his GBS. On April 19, 2022, Respondent filed a proffer on award of
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 1:18-vv-00037-UNJ Document 84 Filed 05/23/22 Page 2 of 6
compensation (“Proffer”) indicating Petitioner should be awarded compensation in the
amount of $223,662.50 (representing $175,000.00 for his past and future pain and
suffering,3 $3,426.50 for his past unreimburseable expenses, and $45,236.00 for future
life care plan expenses for the first year following the entry of Judgment) and an amount
sufficient to purchase an annuity contract as described in Section A of the proffer. Proffer
at 1-3. 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:
A. A lump sum in the amount of $223,662.50, representing compensation in
the amount of $175,000.00 for his actual and projected pain and
suffering, $3,426.50 for his actual unreimburseable expenses, and
$45,236.00 for projected life care plan expenses for the first year
following the entry of Judgment, in the form of a check payable to
Petitioner; and
B. A lump sum sufficient to purchase the annuity contract described in
Section A of the Proffer.
These amounts represent compensation for all damages that would be available under
Section 15(a).
The Clerk of Court is directed to enter judgment in accordance with this decision.4
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 This amount represents the net present value of the portion awarded for future pain and suffering. Proffer
at 3 n.2.
4 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 1:18-vv-00037-UNJ Document 84 Filed 05/23/22 Page 3 of 6
THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
RICHARD STROESSNER,
Petitioner,
v. No. 18-37V
Chief Special Master Brian H. Corcoran
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On January 24, 2020, respondent filed his Rule 4(c) Report, in which he recommended
that the Court find petitioner entitled to compensation, and on January 27, 2020, the Court
entered its Ruling on Entitlement, finding petitioner entitled to compensation. ECF. No. 46; ECF
No. 47. Specifically, based on respondent’s recommendation, the Court found petitioner entitled
to compensation for Guillain-Barré syndrome and related sequelae that he sustained following
the administration of an influenza vaccination on October 19, 2015, and that petitioner’s claim
satisfies the requirements necessary to qualify as a Table injury under the Vaccine Injury Table.
42 U.S.C. § 300aa-14(a)(XIV)(D), (c)(15). Respondent now proffers that petitioner receive an
award as follows:
A. Life Care Items Beginning on the First Anniversary of Judgment.
Respondent proffers an amount sufficient to purchase an annuity contract described
below in this Section A of this Proffer, paid to the life insurance company from which the
annuity will be purchased (the “Life Insurance Company”).1
1 Notwithstanding references herein to “the Life Insurance Company” or “the annuity contract,”
to satisfy the conditions set forth herein, in respondent’s sole and absolute discretion, respondent
1

Case 1:18-vv-00037-UNJ Document 84 Filed 05/23/22 Page 4 of 6
The Secretary of Health and Human Services agrees to purchase an annuity contract from
the Life Insurance Company for the benefit of petitioner, pursuant to which the Life Insurance
Company will agree to make payments periodically to petitioner for the following items of
compensation:
(a) For ancillary service, equipment, medication, and transportation expenses,
beginning on the first anniversary of the date of judgment, an annual amount of
$2,243.96 to be paid for the remainder of petitioner’s life, all amounts increasing
at the rate of four percent (4%), compounded annually from the date of judgment;
and
(b) For attendant care and home service expenses, beginning on the first
anniversary of the date of judgment, an annual amount of $28,075.00 to be paid
up to the anniversary of the date of judgment in year 2026, then beginning on the
anniversary of the date of judgment in year 2026 an annual amount of $35,558.00
to be paid up to the anniversary of the date of judgment in year 2027, then
beginning on the anniversary of the date of judgment in year 2027 an annual
amount of $32,798.00 to be paid for the remainder of petitioner’s life, all amounts
increasing at the rate of four percent (4%), compounded annually from the date of
judgment.
At the sole discretion of the Secretary of Health and Human Services, the periodic
payments may be provided to petitioner in monthly, quarterly, annual or other installments. The
“annual amounts” set forth above describe only the total yearly sum to be paid to petitioner and
do not require that the payment be made in one annual installment. Petitioner will continue to
may purchase one or more annuity contracts from one or more life insurance companies.
Moreover, 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.
2

Case 1:18-vv-00037-UNJ Document 84 Filed 05/23/22 Page 5 of 6
receive the annuity payments from the Life Insurance Company only so long as petitioner is
alive at the time that a particular payment is due. Written notice to the Secretary of Health and
Human Services and the Life Insurance Company shall be provided within twenty (20) days of
petitioner’s death.
The annuity contract will 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 a judgment
in conformity with this Proffer. The parties agree that upon the purchase of the annuity contract,
the Secretary of Health and Human Services and the United States of America are released from
any and all obligations with respect to future annuity payments.
Petitioner authorizes respondent to disclose documents filed by 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.
B. Remaining Compensation for Damages Available under
42 U.S.C. § 300aa-15(a).
In addition to the compensation proffered above in Section A of this Proffer, respondent
proffers a lump sum $223,662.50 in the form of a check payable to petitioner.2 This amount
represents all remaining compensation for damages available under 42 U.S.C. § 300aa-15(a).3
Petitioner has reviewed the foregoing and agrees with the proffered award as stated above
in Sections A and B of this Proffer.4
2 This sum consists of $45,236.00 for future life care plan expenses for the first year following
the entry of judgment; $3,426.50 for past unreimbursed expenses; and $175,000.00 for past and
future pain and suffering at net present value.
3 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 and future pain and suffering. Petitioner makes no claim for future lost earnings.
3

Case 1:18-vv-00037-UNJ Document 84 Filed 05/23/22 Page 6 of 6
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
TRACI R. PATTON
Assistant Director
Torts Branch, Civil Division
s/ RYAN D. PYLES
RYAN D. PYLES
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 616-9847
ryan.pyles@usdoj.gov
DATED: April 19, 2022
4 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).
4