VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00388
Package ID: USCOURTS-cofc-1_18-vv-00388
Petitioner: Ronnie A. Newcomer
Filed: 2018-03-13
Decided: 2019-10-18
Vaccine: influenza
Vaccination date: 2016-10-13
Condition: Guillain-Barre Syndrome
Outcome: compensated
Award amount USD: 183963

AI-assisted case summary:
Ronnie A. Newcomer filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccination administered on October 13, 2016. The case was assigned to the Special Processing Unit. The respondent conceded entitlement to compensation, agreeing that Mr. Newcomer suffered GBS following the flu vaccination and had satisfied all legal prerequisites. A ruling on entitlement was issued on March 19, 2019, finding Mr. Newcomer entitled to compensation. Subsequently, on July 8, 2019, the respondent filed a proffer on award of compensation. The parties agreed to an award of $183,963.63, which included $180,000.00 for pain and suffering and $3,963.63 for past unreimbursed expenses. The Chief Special Master issued a decision awarding this amount on October 18, 2019. The case proceeded as a Table injury claim, and Mr. Newcomer, being a competent adult, was to receive a lump sum payment.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-00388-0
Date issued/filed: 2019-05-29
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 03/19/2019) regarding 26 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:18-vv-00388-UNJ Document 32 Filed 05/29/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-388V
Filed: March 19, 2019
UNPUBLISHED
RONNIE A. NEWCOMER,
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.
William Bliss Hicky, Nashville, TN, for petitioner.
Linda Sara Renzi, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On March 13, 2018, 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”) due
to an influenza (“flu”) vaccination administered on October 13, 2016. Petition at 1. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On March 18, 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
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 1:18-vv-00388-UNJ Document 32 Filed 05/29/19 Page 2 of 2
at 1. Specifically, respondent has concluded that petitioner suffered GBS following a flu
vaccination. Id. at 5. Respondent further agrees that compensation is appropriate, and
that petitioner has satisfied all legal prerequisites for compensation under the Vaccine
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_18-vv-00388-1
Date issued/filed: 2019-10-18
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 07/09/2019) regarding 38 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (ypb) Service on parties made.
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Case 1:18-vv-00388-UNJ Document 46 Filed 10/18/19 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-388V
Filed: July 9, 2019
UNPUBLISHED
RONNIE A. NEWCOMER,
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.
William Bliss Hicky, William B. Hicky, Attorney at Law, Nashville, TN, for petitioner.
Linda Sara Renzi, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On March 13, 2018, 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”)
resulting from adverse effects of an influenza (“flu”) vaccination administered on
October 13, 2016. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On March 19, 2019, a ruling on entitlement was issued, finding petitioner entitled
to compensation for GBS. On July 8, 2019, respondent filed a proffer on award of
compensation (“Proffer”) indicating petitioner should be awarded $183,963.63
1 The undersigned intends to post this decision on the United States Court of Federal Claims' website.
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, the
undersigned agrees that the identified material fits within this definition, the undersigned will redact such
material from public access. Because this unpublished decision 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 1:18-vv-00388-UNJ Document 46 Filed 10/18/19 Page 2 of 5
consisting of $180,000.00 in pain and suffering, and $3,963.63 in past unreimbursed
expenses. Proffer at 1. In the Proffer, respondent represented that petitioner agrees
with the proffered award. Id. Based on the record as a whole, the undersigned finds
that petitioner is entitled to an award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $183,963.63 (consisting of $180,000.00 in pain
and suffering, and $3,963.63 in past unreimbursed expenses) in the form of a
check payable to petitioner, Ronnie A. Newcomer. 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

Case 1:18-vv-00388-UNJ Document 46 Filed 10/18/19 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
RONNIE A. NEWCOMER, )
)
Petitioner, )
) No. 18-388V
v. ) Chief Special Master
) Dorsey
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
On March 18, 2019, respondent filed a Rule 4 (c) Report conceding entitlement in
this case. On March 19, 2019, the Chief Special Master issued a Ruling on Entitlement
finding that petitioner was entitled to vaccine compensation for sequela related to his
Guillain-Barré Syndrome (“GBS”). Respondent proffers that based on the evidence of
record, petitioner should be awarded $183,963.63 (constituting $180,000.00 in pain and
suffering, and $3,963.63 in past unreimbursed expenses). This amount represents all
elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-
15(a)(1); 15(a)(3)(A); and 15(a)(4). Petitioner agrees.
1

Case 1:18-vv-00388-UNJ Document 46 Filed 10/18/19 Page 4 of 5
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 Chief Special
Master’s decision and the Court’s judgment award the following:1
A lump sum payment of $180,963.63, in the form of a check payable to
petitioner, Ronnie Newcomer. This amount accounts for all elements of
compensation under 42 U.S.C. § 300aa-15(a) to which petitioner would be
entitled.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
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
HEATHER L. PEARLMAN
Assistant 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 medical expenses, future lost earnings, and future pain and suffering.
2

Case 1:18-vv-00388-UNJ Document 46 Filed 10/18/19 Page 5 of 5
/s/ Linda S. Renzi
LINDA S. RENZI
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) 616-4133
Dated: July 8, 2019
3