VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00611
Package ID: USCOURTS-cofc-1_18-vv-00611
Petitioner: Robert Fuerstenau
Filed: 2018-04-30
Decided: 2019-10-28
Vaccine: influenza
Vaccination date: 2015-10-05
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 203350

AI-assisted case summary:
Robert Fuerstenau filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered Guillain-Barré Syndrome (GBS) after receiving an influenza vaccine on October 5, 2015. The respondent, the Secretary of Health and Human Services, conceded that Mr. Fuerstenau was entitled to compensation, agreeing that his condition met the criteria set forth in the Vaccine Injury Table. Following the ruling on entitlement, the parties submitted a proffer on damages. The respondent recommended an award of $203,350.79, which included $200,000.00 for past and future pain and suffering and $3,350.79 for past unreimbursable expenses. Mr. Fuerstenau agreed with this proffered award. The Chief Special Master accepted the proffer and awarded Mr. Fuerstenau the lump sum of $203,350.79, representing compensation for all damages available under the Vaccine Act. The decision was issued on October 28, 2019, and the petition was filed on April 30, 2018.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-00611-0
Date issued/filed: 2019-10-22
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 07/29/2019) regarding 25 Ruling on Entitlement Signed by Special Master Nora Beth Dorsey. (sw) Service on parties made.
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Case 1:18-vv-00611-UNJ Document 32 Filed 10/22/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-0611V
Filed: July 29, 2019
UNPUBLISHED
ROBERT FUERSTENAU,
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.
Ryan Alan Yeary, Caminez & Yeary, P.A., Monticello, FL, for petitioner.
Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On April 30, 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-Barré Syndrome (GBS) after receiving
the trivalent influenza vaccination on October 5, 2015. Petition at 1, ¶ 2. Petitioner
further alleges that he received the vaccination in the United States, that he 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 compensation for his GBS. Id. at ¶¶ 2, 11-13.
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 1:18-vv-00611-UNJ Document 32 Filed 10/22/19 Page 2 of 2
On July 26, 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 indicates “[i]t is [his] position that petitioner has satisfied the
criteria set forth in the Vaccine Injury Table (“Table”) and the Qualifications and Aids to
Interpretation (“QAI”).” Id. at 4 (citing 42 C.F.R. §§ 100.3(a)(XIV)(D), 100.3(c)(15)).
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_18-vv-00611-1
Date issued/filed: 2019-10-28
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 09/24/2019) regarding 31 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (sw) Service on parties made.
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Case 1:18-vv-00611-UNJ Document 34 Filed 10/28/19 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-0611V
Filed: September 24, 2019
UNPUBLISHED
ROBERT FUERSTENAU,
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.
Ryan Alan Yeary, Caminez & Yeary, P.A., Monticello, FL, for petitioner.
Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On April 30, 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-Barré Syndrome (GBS) after receiving
the trivalent influenza vaccination on October 5, 2015. Petition at 1, ¶ 2. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On July 29, 2019, a ruling on entitlement was issued, finding petitioner entitled to
compensation for his GBS. On September 24, 2019, respondent filed a proffer on
award of compensation (“Proffer”) indicating petitioner should be awarded $203,350.79,
representing $200,000.00 in compensation for petitioner’s past and future pain and
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-00611-UNJ Document 34 Filed 10/28/19 Page 2 of 5
suffering3 and $3,350.79 in compensation for petitioner’s past unreimbursable
expenses. Proffer at 1-2. 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 $203,350.79, representing $200,000.00 in
compensation for petitioner’s actual and projected pain and suffering and
$3,350.79 in compensation for petitioner’s past unreimbursable expenses in the
form of a check payable to petitioner, Robert Fuerstenau. 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.4
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 Any amounts awarded for future pain and suffering have been reduced to net present value. See
§ 15(a)(4) (requiring this reduction for amounts awarded for projected pain and suffering).
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-00611-UNJ Document 34 Filed 10/28/19 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
ROBERT FUERSTENAU,
Petitioner, No. 18-611V
v. Chief Special Master Dorsey
ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
PROFFER ON AWARD OF DAMAGES
On April 30, 2018, Robert Fuerstenau (“petitioner”) filed a petition for compensation
(“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -
34 (“Vaccine Act” or “Act”), as amended. Petitioner alleges that he suffered Guillain-Barré
syndrome (“GBS”) as a result of an influenza (“flu”) vaccine administered on October 5, 2015.
Petition at Preamble. Respondent conceded petitioner’s entitlement to compensation in his Rule
4(c) Report filed on July 26, 2019. Based on Respondent’s Rule 4(c) Report, Chief Special
Master Dorsey found petitioner entitled to compensation.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $200,000.00 in actual and
projected pain and suffering. This amount reflects that any award for projected pain and
suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner
agrees.
1

Case 1:18-vv-00611-UNJ Document 34 Filed 10/28/19 Page 4 of 5
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents his expenditure of past unreimbursable
expenses related to his vaccine-related injury. Respondent proffers that petitioner should be
awarded past unreimbursable expenses in the amount of $3,350.79. Petitioner agrees.
II. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment of $203,350.79, in the form of a check made payable to petitioner.1
This lump sum payment represents all elements of compensation to which petitioner is entitled
under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
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
GABRIELLE M. FIELDING
Assistant Director
Torts Branch, Civil Division
1 Should petitioner die prior to the 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-00611-UNJ Document 34 Filed 10/28/19 Page 5 of 5
s/Jennifer L. Reynaud
JENNIFER L. REYNAUD
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) 305-1586
Date: September 24, 2019
3