VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00701
Package ID: USCOURTS-cofc-1_18-vv-00701
Petitioner: Robert G. Baker
Filed: 2018-05-17
Decided: 2019-10-31
Vaccine: influenza
Vaccination date: 2017-10-23
Condition: Guillain-Barré Syndrome (GBS)
Outcome: compensated
Award amount USD: 140091

AI-assisted case summary:
Robert G. Baker filed a petition for compensation under the National Vaccine Injury Compensation Program on May 17, 2018, alleging that he suffered Guillain-Barré Syndrome (GBS) as a result of an influenza vaccination received on October 23, 2017. He asserted that his condition met the Table definition for GBS and that the vaccination occurred in the United States. The respondent conceded entitlement, agreeing that Mr. Baker met the criteria for a flu/GBS Table injury and that his condition had persisted for at least six months with no alternative cause. A ruling on entitlement was issued on June 26, 2019, finding Mr. Baker entitled to compensation. Subsequently, on August 2, 2019, the respondent filed a proffer on award of compensation. The parties stipulated to an award of $140,000.00 for pain and suffering and $91.70 for past out-of-pocket medical expenses. The Chief Special Master awarded a total lump sum of $140,091.70 to Robert G. Baker on October 31, 2019.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-00701-0
Date issued/filed: 2019-09-11
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/26/2019) regarding 26 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made. (Main Document 37 replaced on 9/12/2019 to attach PDF with correct spelling of petitioner's first name) (ypb).
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Case 1:18-vv-00701-UNJ Document 37 Filed 09/11/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-0701V
Filed: June 26, 2019
UNPUBLISHED
ROBERT G. BAKER,
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.
Nancy Routh Meyers, Ward Black Law, Greensboro, NC, for petitioner.
Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On May 17, 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”) resulting
from the influenza vaccination he received on October 23, 2017. Petition at 1, ¶¶ 2, 24.
Petitioner further alleges that he has met the Table definition of GBS, that he received
his vaccination in the United States, and that neither he nor any other party has filed a
civil action or received compensation for his GBS, alleged as vaccine caused. Id. at ¶¶
2, 26-27, 29. 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.

Case 1:18-vv-00701-UNJ Document 37 Filed 09/11/19 Page 2 of 2
On June 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 believes “petitioner has satisfied the criteria set forth in
the newly revised Vaccine Injury Table (“Table”) and the Qualifications and Aids to
Interpretation for a flu/GBS Table injury.” Id. at 6. Respondent further agrees that
“[petitioner’s] condition has persisted for at least six months, and there is no alternative
cause that explains his condition.” 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-00701-1
Date issued/filed: 2019-10-31
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 08/02/2019) regarding 30 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (sw) Service on parties made.
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Case 1:18-vv-00701-UNJ Document 41 Filed 10/31/19 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-0701V
Filed: August 2, 2019
UNPUBLISHED
ROBERT G. BAKER,
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.
Nancy Routh Meyers, Ward Black Law, Greensboro, NC, for petitioner.
Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On May 17, 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”) resulting
from the influenza vaccination he received on October 23, 2017. Petition at 1, ¶¶ 2, 24.
Petitioner further alleges that he has met the Table definition of GBS, that he received
his vaccination in the United States, and that neither he nor any other party has filed a
civil action or received compensation for his GBS, alleged as vaccine caused. Id. at ¶¶
2, 26-27, 29. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On June 26, 2019, a ruling on entitlement was issued, finding petitioner entitled
to compensation for his GBS. On August 2, 2019, respondent filed a proffer on award
of compensation (“Proffer”) indicating petitioner should be awarded $140,000.00 for
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.

Case 1:18-vv-00701-UNJ Document 41 Filed 10/31/19 Page 2 of 4
petitioner’s pain and suffering and $91.70 for petitioner’s past out-of-pocket medical
expenses. Proffer at 1. In the Proffer, respondent represented that petitioner agrees
with the proffered award. Id. at 2. 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 $140,091.70, representing $140,000.00 for
petitioner’s pain and suffering and $91.70 for petitioner’s actual unreimbursable
expenses in the form of a check payable to petitioner, Robert G. Baker. 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-00701-UNJ Document 41 Filed 10/31/19 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
*************************************
ROBERT G. BAKER, *
*
Petitioner, * No. 18-701V
* CHIEF SPECIAL MASTER DORSEY
v. *
*
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*************************************
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On June 21, 2019, respondent filed a Rule 4(c) Report, conceding that petitioner’s claim
meets the Table criteria for Guillain-Barré Syndrome (“GBS”) injury. On June 26, 2019, the
Court issued a Ruling on Entitlement finding petitioner entitled to compensation under the
Vaccine Act.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
the following, and requests that the Chief Special Master’s decision and the Court’s judgment
award:
1. A lump sum payment of $140,000.00, which represents compensation for pain and
suffering, see 42 U.S.C. § 300aa-15(a)(4); and
2. A payment of $91.70, which represents compensation for past out-of-pocket medical
expenses, see 42 U.S.C. § 300aa-15(a)(1).

Case 1:18-vv-00701-UNJ Document 41 Filed 10/31/19 Page 4 of 4
These amounts represent all elements of compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees.
II. Form of the Award
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respondent recommends that petitioner be awarded a lump sum payment of $140,091.70, in the
form of a check payable to petitioner. Petitioner agrees.
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/ DEBRA A. FILTEAU BEGLEY
DEBRA A. FILTEAU BEGLEY
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Phone: (202) 616-4181
Dated: August 2, 2019
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 pain
and suffering.
2