VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01105
Package ID: USCOURTS-cofc-1_18-vv-01105
Petitioner: James Mahoney, Esq.
Filed: 2018-07-30
Decided: 2020-03-05
Vaccine: influenza
Vaccination date: 2017-09-12
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 512428.22

AI-assisted case summary:
James Mahoney, Esq. filed his petition on July 30, 2018, alleging that an influenza vaccination administered on September 12, 2017 caused Guillain-Barre Syndrome. The case proceeded before Special Master Christian J. Moran. Mahoney was represented by Steven Douglas Hillyard.

Respondent did not contest entitlement. In the Rule 4(c) report, respondent stated that Mahoney satisfied the Vaccine Injury Table's qualifications for Guillain-Barre Syndrome after seasonal influenza vaccination: onset occurred between three and 42 days after the vaccine, and there was no apparent alternative cause. On February 27, 2020, Special Master Moran found Mahoney entitled to compensation.

The public entitlement and damages texts are focused on the concession and award and do not provide a detailed neurological chronology. They do not describe Mahoney's first neurologic symptom, weakness pattern, reflex findings, hospitalization, cerebrospinal fluid testing, EMG or nerve conduction results, IVIG or plasmapheresis treatment, rehabilitation, or residual functional limitations. The available public record therefore tells the story at a higher level: after the September 2017 flu vaccination, Mahoney developed a GBS illness within the Table window, respondent accepted that no apparent alternate cause defeated entitlement, and the parties resolved damages through a proffer.

On March 5, 2020, Special Master Moran awarded $512,428.22. The award included $10,278.19 for projected life care expenses or other future unreimbursable expenses, $286,283.01 for lost earnings, $150,000.00 for actual and projected pain and suffering, and $65,867.02 for past unreimbursable expenses. The award was paid as a lump sum, with net-present-value reductions applied where required for projected future items.

Theory of causation field:
Seasonal influenza vaccine on September 12, 2017 causing Guillain-Barre Syndrome (GBS). COMPENSATED. Respondent did not contest entitlement and conceded Table/QAI criteria: GBS onset between 3 and 42 days after seasonal influenza vaccination and no apparent alternative cause. Public decisions do not provide the first neurologic symptom, testing, treatment, rehab course, experts, or mechanism beyond the Table GBS criteria. Entitlement decision: Special Master Christian J. Moran, February 27, 2020. Damages decision: March 5, 2020. Award $512,428.22 ($10,278.19 projected life care/future expenses + $286,283.01 lost earnings + $150,000.00 actual/projected pain and suffering + $65,867.02 past unreimbursable expenses). Attorney: Steven Douglas Hillyard.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_18-vv-01105-0
Date issued/filed: 2020-03-30
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 02/27/2020) regarding 38 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-01105-UNJ Document 48 Filed 03/30/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1105V
UNPUBLISHED
JAMES MAHONEY, ESQ., Chief Special Master Corcoran
Petitioner, Filed: February 27, 2020
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Uncontested;
HUMAN SERVICES, Table Injury; Influenza (Flu) Vaccine;
Guillain-Barre Syndrome (GBS)
Respondent.
Steven Douglas Hillyard, Law Office of Steven D. Hillyard, APC, Newport Beach, CA,
for petitioner.
Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On July 30, 2018, 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
influenza vaccination on September 12, 2017. Petition at 1, ¶ 2. Petitioner further
alleges that he received the vaccination in the United States and neither he nor any
other party has filed a civil action or received compensation for his GBS, alleged as
vaccine caused. Id. at ¶¶ 2, 15-16. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
1 Because this unpublished ruling 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 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, 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-01105-UNJ Document 48 Filed 03/30/20 Page 2 of 2
On February 27, 2020, Respondent filed his Rule 4(c) report in which he states
that he does not contest that Petitioner is entitled to compensation in this case.
Respondent’s Rule 4(c) Report at 1. Specifically, Respondent concedes “that petitioner
has satisfied the criteria set forth in the recently revised Vaccine Injury Table (Table)
and the Qualifications and Aids to Interpretation (QAI), which afford petitioner a
presumption of causation if the onset of GBS occurs between three and forty-two days
after a seasonal flu vaccination and there is no apparent alternative cause.” Id. at 8.
In view of Respondent’s position and the evidence of record, I find that
Petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
2

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_18-vv-01105-1
Date issued/filed: 2020-04-06
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 03/05/2020) regarding 41 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-01105-UNJ Document 50 Filed 04/06/20 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1105V
UNPUBLISHED
JAMES MAHONEY, ESQ., Chief Special Master Corcoran
Petitioner, Filed: March 5, 2020
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Influenza (Flu) Vaccine; Guillain-
Barre Syndrome (GBS)
Respondent.
Steven Douglas Hillyard, Law Office of Steven D. Hillyard, APC, Newport Beach, CA,
for petitioner.
Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On July 30, 2018, 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
influenza vaccination on September 12, 2017. Petition at 1, ¶ 2. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On February 27, 2020, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for his GBS. On March 4, 2020, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $512,428.22,
representing “$10,278.19 in compensation for projected life care expenses;
$286,283.01 in lost earnings; $150,000.00 in actual and projected pain and suffering,
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-01105-UNJ Document 50 Filed 04/06/20 Page 2 of 5
and $65,867.02 for past unreimbursable expenses.” Proffer at 1. The amount of
compensation being awarded for projected life care expenses and projected pain and
suffering has been reduced to net present value. Id. at 1 n.1; see § 15(f)(4)(A)
(requiring this reduction). 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 a lump
sum payment of $512,428.22, representing compensation in the amounts of
$10,278.19 for his projected unreimbursable expenses, $65,867.02 for his actual
unreimbursable expenses, $286,283.01 for his lost wages, and $150,000.00 for his
actual and projected pain and suffering in the form of a check payable to
Petitioner. 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-01105-UNJ Document 50 Filed 04/06/20 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
__________________________________________
)
JAMES MAHONEY, ESQ., )
)
) No. 18-1105V
Petitioner, ) Chief Special Master Corcoran
) ECF
v. )
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
__________________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine-Related Items:
On February 27, 2020, respondent conceded that entitlement to compensation was
appropriate under the terms of the Vaccine Act. On the same day, Chief Special Master
Corcoran issued a Ruling on Entitlement, finding that petitioner was entitled to vaccine
compensation for Guillain-Barré Syndrome as a result of an influenza vaccination. Respondent
proffers that, based on the evidence of record, petitioner, James Mahoney, Esq., should be
awarded $512,428.22, which amount represents $10,278.19 in compensation for projected life
care expenses; $286,283.01 in lost earnings; $150,000.00 in actual and projected pain and
suffering, and $65,867.02 for past unreimbursable expenses.1 This amount represents all
elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a).
Petitioner agrees.
1 This amount reflects that any award for projected life care expenses or projected pain and
suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(f)(4)(A).
1

Case 1:18-vv-01105-UNJ Document 50 Filed 04/06/20 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:2
A. A lump sum payment of $512,428.22 in the form of a check payable to petitioner,
James Mahoney, Esq. This amount accounts for all elements of compensation under 42
U.S.C. § 300aa-15(a) to which petitioner would be entitled.
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
2 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-01105-UNJ Document 50 Filed 04/06/20 Page 5 of 5
/s/Camille M. Collett
CAMILLE M. COLLETT
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) 616-4098
Dated: March 4, 2020
3