VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00937
Package ID: USCOURTS-cofc-1_18-vv-00937
Petitioner: Michael Patton
Filed: 2018-06-28
Decided: 2019-11-08
Vaccine: influenza
Vaccination date: 2016-10-27
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 140000

AI-assisted case summary:
Michael Patton filed a petition under the National Vaccine Injury Compensation Program on June 28, 2018, alleging that he suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine administered on October 27, 2016. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on June 13, 2019, conceding that Mr. Patton is entitled to compensation. The respondent stated that Mr. Patton suffered GBS and met the criteria set forth in the Vaccine Injury Table for GBS following the seasonal flu vaccination he received on October 27, 2016. On June 24, 2019, Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement, finding Mr. Patton entitled to compensation. Subsequently, on August 15, 2019, the respondent filed a Proffer on Award of Compensation, recommending an award of $140,000.00 for pain and suffering. The proffer indicated that Mr. Patton, a competent adult, agreed with this proffered award. On November 8, 2019, Chief Special Master Dorsey issued a Decision Awarding Damages, awarding Mr. Patton a lump sum payment of $140,000.00 in the form of a check payable to him. This amount represents compensation for all damages available under 42 U.S.C. § 300aa-15(a). Petitioner was represented by Jeffrey S. Pop of Jeffrey S. Pop & Associates, and respondent was represented by Mallori Browne Openchowski of the U.S. Department of Justice.

Theory of causation field:
Petitioner Michael Patton alleged Guillain-Barre Syndrome (GBS) following an influenza vaccine administered on October 27, 2016. The respondent conceded entitlement, stating that petitioner suffered GBS and met the criteria set forth in the Vaccine Injury Table for GBS following the seasonal flu vaccination. The public decision does not describe the specific mechanism of causation, expert testimony, or detailed clinical facts regarding the onset or progression of GBS. Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on June 24, 2019, finding petitioner entitled to compensation. On August 15, 2019, respondent filed a Proffer on Award of Compensation recommending $140,000.00 for pain and suffering, which petitioner agreed to. Chief Special Master Dorsey issued a Decision Awarding Damages on November 8, 2019, awarding a lump sum of $140,000.00 to petitioner. Petitioner was represented by Jeffrey S. Pop, and respondent was represented by Mallori Browne Openchowski.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-00937-0
Date issued/filed: 2019-09-11
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/24/2019) regarding 22 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:18-vv-00937-UNJ Document 35 Filed 09/11/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-0937V
Filed: June 24, 2019
UNPUBLISHED
MICHAEL PATTON,
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.
18-0937
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner.
Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for
respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On June 28, 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”) as a result of
an influenza (“flu”) vaccine administered on October 27, 2016. Petition at 1. The case
was assigned to the Special Processing Unit of the Office of Special Masters.
On June 13, 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 states that “petitioner suffered GBS and meets the
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-00937-UNJ Document 35 Filed 09/11/19 Page 2 of 2
criteria set forth in the Vaccine Injury Table for GBS following the seasonable flu
vaccination he received on October 27, 2016.” Id. at 4.
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-00937-1
Date issued/filed: 2019-11-08
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 8/16/2019) regarding 29 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (ypb) Service on parties made.
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Case 1:18-vv-00937-UNJ Document 39 Filed 11/08/19 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-0937V
Filed: August 16, 2019
UNPUBLISHED
MICHAEL PATTON,
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.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner.
Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for
respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On June 28, 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”) as a result of
an influenza (“flu”) vaccine administered on October 27, 2016. Petition at 1. The case
was assigned to the Special Processing Unit of the Office of Special Masters.
On June 24, 2019, a ruling on entitlement was issued, finding petitioner entitled
to compensation for GBS. On August 15, 2019, respondent filed a proffer on award of
compensation (“Proffer”) indicating petitioner should be awarded $140,000.00. Proffer
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-00937-UNJ Document 39 Filed 11/08/19 Page 2 of 4
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 $140,000.00 in the form of a check payable to
petitioner, Michael Patton. 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-00937-UNJ Document 39 Filed 11/08/19 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
MICHAEL PATTON,
Petitioner, No. 18-937V
Chief Special Master Dorsey
v. ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
On June 13, 2019, respondent concededed that entitlement to compensation was
appropriate under the terms of the Vaccine Act. Thereafter, on June 24, 2019, Chief Special
Master Dorsey issued a Ruling on Entitlement finding that petitioner was entitled to vaccine
compensation for his Guillain-Barre Syndrome (“GBS”). Based on the evidence of record,
respondent proffers that petitioner should be awarded $140,000.00, which is comprised of
damages for pain and suffering. This amount represents 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
The parties recommend that compensation provided to petitioner should be made through
a lump sum payment of $140,000.00, in the form of a check payable to petitioner. Petitioner
agrees.
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 lost earnings
and future pain and suffering.

Case 1:18-vv-00937-UNJ Document 39 Filed 11/08/19 Page 4 of 4
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
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
s/ Mallori B. Openchowski
MALLORI B. OPENCHOWSKI
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Ben Franklin Station
Washington, DC 20044-0146
Tel.: (202) 305-0660
DATED: August 15, 2019