VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01162
Package ID: USCOURTS-cofc-1_18-vv-01162
Petitioner: Mark Thomann
Filed: 2018-08-09
Decided: 2019-12-26
Vaccine: influenza
Vaccination date: 2012-09-18
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 65000

AI-assisted case summary:
Mark Thomann filed a petition for compensation under the National Vaccine Injury Compensation Program on August 9, 2018, alleging that he suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine administered on September 18, 2012. The respondent filed a Rule 4(c) report on July 18, 2019, conceding that the petitioner sustained the onset of GBS within the time period set forth in the Vaccine Injury Table following his receipt of the flu vaccine. On July 22, 2019, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding the petitioner entitled to compensation based on the respondent's concession and the evidence of record. Subsequently, on November 6, 2019, respondent filed a proffer on the award of compensation, recommending an award of $65,000.00. The petitioner, a competent adult, agreed with the proffered award. Chief Special Master Brian H. Corcoran issued a decision on November 6, 2019, awarding the petitioner a lump sum payment of $65,000.00, payable to Mark Thomann, representing all elements of compensation. The public decision does not describe the specific onset, symptoms, medical tests, treatments, or expert witnesses involved in this case. Petitioner was represented by Edward M. Kraus of the Law Offices of Chicago Kent, and respondent was represented by Claudia Barnes Gangi of the U.S. Department of Justice.

Theory of causation field:
Petitioner Mark Thomann received an influenza vaccine on September 18, 2012, and subsequently suffered Guillain-Barre Syndrome (GBS). The respondent conceded that the GBS onset occurred within the time period specified in the Vaccine Injury Table following the vaccination. The case was determined to be a "Table Injury." The respondent filed a proffer recommending an award of $65,000.00, which the petitioner accepted. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on July 22, 2019, and Chief Special Master Brian H. Corcoran issued a decision awarding $65,000.00 on November 6, 2019. The public text does not detail the specific mechanism of causation, expert testimony, or clinical findings beyond the concession of a Table injury. Petitioner was represented by Edward M. Kraus, and respondent by Claudia Barnes Gangi.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01162-0
Date issued/filed: 2019-10-11
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 07/22/2019) regarding 25 Ruling on Entitlement Signed by Special Master Nora Beth Dorsey. (ypb) Service on parties made.
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Case 1:18-vv-01162-UNJ Document 31 Filed 10/11/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1162V
Filed: July 22, 2019
UNPUBLISHED
MARK THOMANN,
Special Processing Unit (SPU);
Petitioner, Ruling on Entitlement; Concession;
v. Table Injury; Influenza (Flu) Vaccine;
Guillain-Barre Syndrome (GBS)
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Edward M. Kraus, Law Offices of Chicago Kent, Chicago, IL, for petitioner.
Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On August 9, 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
the influenza (“flu”) vaccine administered on September 18, 2012. Petition at 1. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On July 18, 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.
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-01162-UNJ Document 31 Filed 10/11/19 Page 2 of 2
Specifically, respondent concludes that petitioner has satisfied the criteria for GBS as
set forth in the Vaccine Injury Table. Id. at 6.
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-01162-1
Date issued/filed: 2019-12-26
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 11/06/2019) regarding 36 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (ypb) Service on parties made.
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Case 1:18-vv-01162-UNJ Document 40 Filed 12/26/19 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1162V
Filed: November 6, 2019
UNPUBLISHED
MARK THOMANN,
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.
Edward M. Kraus, Law Offices of Chicago Kent, Chicago, IL, for petitioner.
Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Corcoran, Chief Special Master:
On August 9, 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 September 18, 2012. Petition at 1. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On July 22, 2019, a ruling on entitlement was issued, finding petitioner entitled to
compensation. On November 6, 2019, respondent filed a proffer on award of
compensation (“Proffer”) indicating petitioner should be awarded $65,000.00. Proffer at
1. In the Proffer, respondent represented that petitioner agrees with the proffered
1 I intend 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, I agree that the identified
material fits within this definition, I will redact such material from public access. 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).
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-01162-UNJ Document 40 Filed 12/26/19 Page 2 of 4
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 $65,000.00 in the form of a check payable to petitioner, Mark
Thomann. 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-01162-UNJ Document 40 Filed 12/26/19 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
_________________________________________
)
MARK THOMANN, )
)
Petitioner, )
) No. 18-1162V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
__________________________________________)
PROFFER ON AWARD OF COMPENSATION
On July 18, 2019, respondent filed a Rule 4(c) Report, in which he conceded that
petitioner sustained the onset of Guillain-Barre Syndrome (“GBS”) within the time period set
forth in the Vaccine Injury Table, following his receipt of an influenza (“flu”) vaccine
administered on September 18, 2012. Docket No. 23. On July 22, 2019, the Court issued a
Ruling on Entitlement, finding that petitioner is entitled to compensation. . Docket No. 25.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$65,000.00, which represents all elements of compensation to which petitioner would be entitled
under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respondent recommends that the compensation provided to petitioner should be made through a
lump sum payment of $65,000.00, in the form of a check payable to petitioner. Petitioner agrees.

Case 1:18-vv-01162-UNJ Document 40 Filed 12/26/19 Page 4 of 4
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
s/ Claudia B. Gangi
CLAUDIA B. GANGI
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) 616-4138
claudia.gangi@usdoj.gov
Dated: November 6, 2019