VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00722
Package ID: USCOURTS-cofc-1_18-vv-00722
Petitioner: Gerald Jansen
Filed: 2018-05-22
Decided: 2021-09-16
Vaccine: influenza
Vaccination date: 2016-10-12
Condition: Guillain-Barre syndrome
Outcome: compensated
Award amount USD: 914085

AI-assisted case summary:
Gerald Jansen filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he developed Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine administered on October 12, 2016. The respondent conceded that Mr. Jansen was entitled to compensation, agreeing that his claim satisfied the criteria set forth in the Vaccine Injury Table. A ruling on entitlement was issued on April 29, 2019, finding Mr. Jansen entitled to compensation. Subsequently, on August 16, 2021, a decision awarding damages was issued based on a proffer agreed upon by both parties. The award included a lump sum payment of $914,085.55, which covered life care expenses for the first year, pain and suffering, and past unreimbursable expenses. Additionally, an amount sufficient to purchase an annuity contract was awarded to cover future life care items as outlined in a life care plan. The case proceeded as a Table injury claim, and the parties stipulated to the award amount.

Theory of causation field:
Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_18-vv-00722-0
Date issued/filed: 2019-08-29
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/29/2019) regarding 23 Ruling on Entitlement, ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
--------------------------------------------------------------------------------
Case 1:18-vv-00722-UNJ Document 31 Filed 08/29/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-722V
Filed: April 29, 2019
UNPUBLISHED
GERALD JANSEN,
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.
Lawrence R. Cohan, Anapol Weiss, Philadelphia, PA, for petitioner.
Lisa Ann Watts, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On May 22, 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 developed Guillain-Barre syndrome (“GBS”) as a result
of an influenza (“flu”) vaccine administered on October 12, 2016. Petition at 1. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On April 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 has reviewed the medical records filed in this case and
has concluded that petition has satisfied the criteria set forth in the Vaccine Injury Table.
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-00722-UNJ Document 31 Filed 08/29/19 Page 2 of 2
Id. at 4. Respondent further agrees 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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_18-vv-00722-1
Date issued/filed: 2021-09-16
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 08/16/2021) regarding 54 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:18-vv-00722-UNJ Document 55 Filed 09/16/21 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-722V
UNPUBLISHED
GERALD JANSEN, Chief Special Master Corcoran
Petitioner, Filed: August 16, 2021
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Influenza (Flu) Vaccine; Guillain-
Barre Syndrome (GBS)
Respondent.
Lawrence R. Cohan, Anapol Weiss, Philadelphia, PA, for Petitioner.
Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On May 22, 2018, Gerald Jansen 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) after
receiving the influenza (flu) vaccination on October 12, 2016. Petition at ¶¶ 1. Petitioner
further alleges that he received the flu vaccination in the United States, he suffered from
the residual effects of his injury for more than six months, and that he has never received
any compensation in the form of award or settlement for his vaccine-related injuries.
Petition at 1, 6. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On April 29, 2019, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for GBS. On August 9, 2021, 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-00722-UNJ Document 55 Filed 09/16/21 Page 2 of 8
compensation (“Proffer”) indicating Petitioner should be awarded all items of
compensation set forth in the life care plan and illustrated by the chart attached at Tab A.
Proffer at 1-2. 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. Proffer at 1-2. 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 Petitioner the
following compensation:
1. A lump sum payment of $914,085.55, representing compensation for life
care expenses expected to be incurred during the first year after judgment
($110,928.04), pain and suffering ($250,000.00), and past unreimbursable
expenses ($553,157.51), in the form of a check payable to Petitioner,
Gerald Jansen.
2. An amount sufficient to purchase an annuity contract, subject to the
conditions described in the Proffer, that will provide payments for the life
care items contained in the life care plan, as illustrated by the chart at Tab
A, beginning with compensation for Year Two (on the first anniversary of
the date of the judgment) and all subsequent years, paid to the life
insurance company from which the annuity will be purchased.
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/Brian H. Corcoran
Brian H. Corcoran
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-00722-UNJ Document 55 Filed 09/16/21 Page 3 of 8
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
GERALD JANSEN, )
)
Petitioner, )
) No. 18-722V
v. ) Chief Special Master Brian H. Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On April 26, 2019, respondent filed his Rule 4(c) Report, in which he recommended that
the Court find petitioner entitled to compensation, and on April 29, 2019, the Court entered its
Ruling on Entitlement, finding petitioner entitled to compensation. See ECF Nos. 22, 23.
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 12, 2016, 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). See ECF No. 23. Respondent now proffers that
petitioner receive an award as follows:
I. Items of Compensation
A. Life Care Items
Respondent engaged life care planner Laura Fox, MSN, BSN, RN, and petitioner
engaged life care planner Roberta Hurley, to provide an estimation of petitioner’s future vaccine-
injury related needs. For the purposes of this proffer, the term “vaccine related” is as described
in the respondent’s Rule 4(c) Report. All items of compensation identified in the life care plan

Case 1:18-vv-00722-UNJ Document 55 Filed 09/16/21 Page 4 of 8
are supported by the evidence, and are illustrated by the chart entitled Appendix A: Items of
Compensation for Gerald Jansen, attached hereto as Tab A. Respondent proffers that petitioner
should be awarded all items of compensation set forth in the life care plan and illustrated by the
chart attached at Tab A. Petitioner agrees.
B. Pain and Suffering
Respondent proffers that petitioner should be awarded $250,000.00 in actual pain and
suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
C. 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 $553,157.51. 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 Special Master’s decision and the Court’s judgment award the following:1
A. A lump sum payment of $914,085.55, representing compensation for life care
expenses expected to be incurred during the first year after judgment ($110,928.04), pain and
suffering ($250,000.00), and past unreimbursable expenses ($553,157.51) in the form of a check
payable to petitioner, Gerald Jansen.
B. An amount sufficient to purchase an annuity contract,2 subject to the conditions
described below, that will provide payments for the life care items contained in the life care plan,
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-00722-UNJ Document 55 Filed 09/16/21 Page 5 of 8
as illustrated by the chart at Tab A, attached hereto, paid to the life insurance company3 from
which the annuity will be purchased.4 Compensation for Year Two (beginning on the first
anniversary of the date of judgment) and all subsequent years shall be provided through
respondent’s purchase of an annuity, which annuity shall make payments directly to petitioner,
Gerald Jansen, only so long as petitioner is alive at the time a particular payment is due. At the
Secretary’s sole discretion, the periodic payments may be provided to petitioner in monthly,
quarterly, annual, or other installments. The “annual amounts” set forth in the chart at Tab A
describe only the total yearly sum to be paid to petitioner and do not require that the payment be
made in one annual installment.
1. Growth Rate
Respondent proffers that a four percent (4%) growth rate should be applied to all life care
items. Thus, the benefits illustrated in the chart at Tab A that are to be paid through annuity
payments should grow as follows: four percent (4%) compounded annually from the date of
2 In respondent’s discretion, respondent may purchase one or more annuity contracts
from one or more life insurance companies.
3 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.
4 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.
3

Case 1:18-vv-00722-UNJ Document 55 Filed 09/16/21 Page 6 of 8
judgment for all items, compounded annually from the date of judgment for medical items.
Petitioner agrees.
2. Life-contingent annuity
Petitioner will continue to receive the annuity payments from the Life Insurance
Company only so long as he, Gerald Jansen, is alive at the time that 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 Gerald Jansen’s death.
3. Guardianship
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
III. Summary of Recommended Payments Following Judgment5
A. Lump Sum paid to petitioner, Gerald Jansen: $914,085.55
B. An amount sufficient to purchase the annuity contract described
above in section II.B.
Respectfully submitted,
BRIAN M. BOYNTON
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
DARRYL R. WISHARD
Assistant Director
Torts Branch, Civil Division
5 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

Case 1:18-vv-00722-UNJ Document 55 Filed 09/16/21 Page 7 of 8
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: August 9, 2021
5

Case 1:18-vv-00722-UNJ Document 55 Filed 09/16/21 Page 8 of 8
Tab A to Proffer
Appendix A: Items of Compensation for Gerald Jansen Page 1 of 1
Lump Sum
Compensation Compensation Compensation Compensation
ITEMS OF COMPENSATION G.R * M Year 1 Years 2-5 Year 6 Years 7-Life
2021 2022-2025 2026 2027-Life
PCP 4% *
Podiatrist 4% *
Neurologist 4% *
Psychiatry 4% *
Cigna Medicare Rx 4% M 1,069.48 1,069.48 1,069.48 1,069.48
Antimicrobial Gel 4% 1 90.44 190.44 190.44 190.44
Skin Protectant Paste 4% 9 5.94 95.94 95.94 95.94
Antifungal Powder 4% 7 0.14 70.14 70.14 70.14
Dulcolax Suppositories 4% 6 8.92 68.92 68.92 68.92
Power Standing Wheelchair 4% *
Shower Chair Commode 4% 3 00.89 60.18 60.18 60.18
Ankle Boot 4% *
Foot Brace 4% *
Leather Golf Glove 4% 1 7.95 17.95 17.95 17.95
Hoyer Lift 4% *
Lift Sling 4% * 2 84.00 284.00 284.00 284.00
Mesh Sling 4% * 2 90.00 290.00 290.00 290.00
Adaptive Clothing 4% 1 50.00 150.00 150.00 150.00
WC Comm Device Holder 4% 1 20.00 24.00 24.00 24.00
Head Pointer 4% 1 39.00 27.80 27.80 27.80
Foam Wedge 4% 4 5.99 23.00 23.00 23.00
Compression Gloves 4% 1 9.98 9.99 9.99 9.99
Bed Pads 4% 1 32.79 132.79 132.79 132.79
Dude Wipes 4% 2 3.84 23.84 23.84 23.84
Gloves 4% 7 8.40 78.40 78.40 78.40
Urinal 4% 9 5.28 95.28 95.28 95.28
Nebulizer 4% *
Nebulizer Masks 4% *
OT/ PT 4% *
Home Care 4% M 105,040.00 105,040.00 105,040.00 105,040.00
Modified Van 4% 44,916.00
Stair Lift 4% 2,695.00
Pain and Suffering 250,000.00
Past Unreimbursable Expenses 553,157.51
Annual Totals 914,085.55 107,752.15 152,668.15 107,752.15
Note: Compensation Year 1 consists of the 12 month period following the date of judgment.
Compensation Year 2 consists of the 12 month period commencing on the first anniversary of the date of judgment.
As soon as practicable after entry of judgment, respondent shall make the following payment to petitioner for Yr 1 life care
expenses ($110,928.04), pain and suffering ($250,000.00), and past unreimbursable expenses ($553,157.51): 914,085.55.
Annual amounts payable through an annuity for future Compensation Years follow the anniversary of the date of judgment.
Annual amounts shall increase at the rates indicated above in column G.R., compounded annually from the date of judgment.
Items denoted with an asterisk (*) covered by health insurance and/or Medicare.
Items denoted with an "M" payable in twelve monthly installments totaling the annual amount indicated.