VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01434
Package ID: USCOURTS-cofc-1_18-vv-01434
Petitioner: Thomas Creely
Filed: 2019-11-25
Decided: 2020-01-06
Vaccine: influenza
Vaccination date: 2017-02-02
Condition: Guillain-Barre Syndrome (GBS)
Outcome: entitlement_granted_pending_damages
Award amount USD: 

AI-assisted case summary:
Thomas Creely filed a petition for compensation under the National Vaccine Injury Compensation Program on November 25, 2019, alleging that he suffered from Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine he received on February 2, 2017. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on November 21, 2019, conceding that Mr. Creely is entitled to compensation. The respondent stated that it was their position that Mr. Creely suffered from GBS and satisfied the criteria set forth in the Vaccine Injury Table and its accompanying interpretations. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran found that Mr. Creely is entitled to compensation. The case was granted entitlement, pending a decision on damages. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or expert witnesses. Petitioner was represented by Renee Ja Gentry of The Law Office of Renee J. Gentry, and respondent was represented by Ida Nassar of the U.S. Department of Justice.

Theory of causation field:
Petitioner Thomas Creely received an influenza vaccine on February 2, 2017, and subsequently developed Guillain-Barre Syndrome (GBS). The respondent conceded that petitioner suffered from GBS and satisfied the criteria set forth in the Vaccine Injury Table. The theory of causation is based on the Vaccine Injury Table. The public decision does not name experts or describe the specific mechanism of injury. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on January 6, 2020, granting entitlement pending a decision on damages. Petitioner counsel was Renee Ja Gentry, and respondent counsel was Ida Nassar.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01434-0
Date issued/filed: 2020-01-06
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/25/2019) regarding 32 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-01434-UNJ Document 34 Filed 01/06/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1434V
UNPUBLISHED
THOMAS CREELY, Chief Special Master Corcoran
Petitioner, Filed: November 25, 2019
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Table Injury; Influenza (Flu) Vaccine;
Guillain-Barre Syndrome (GBS)
Respondent.
Renee Ja Gentry, The Law Office of Renee J. Gentry, Washington, DC, for petitioner.
Ida Nassar, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On September 20, 2018, Thomas Creely 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 from Guillain-Barre Syndrome
(“GBS”) as a result of an influenza (“flu”) vaccine received on February 2, 2017. Petition
at 1. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On November 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 states that it is his position that Petitioner
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-01434-UNJ Document 34 Filed 01/06/20 Page 2 of 2
suffered from GBS and has satisfied the criteria set forth in the Table and the
Qualifications and Aids to Interpretation Id. at 7.
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

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DOCUMENT 2: USCOURTS-cofc-1_18-vv-01434-2
Date issued/filed: 2022-05-27
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 5/6/2022) regarding 98 DECISION Proffer. Signed by Special Master Thomas L. Gowen. (slw) Service on parties made.
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Case 1:18-vv-01434-UNJ Document 103 Filed 05/27/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: May 6, 2022
* * * * * * * * * * * * * UNPUBLISHED
THOMAS CREELY, *
* No. 18-1434V
Petitioner, *
v. * Special Master Gowen
*
SECRETARY OF HEALTH * Decision on Damages; Influenza
AND HUMAN SERVICES, * (“Flu”) Vaccine; Guillain-Barre
* Syndrome (“GBS”).
Respondent. *
* * * * * * * * * * * * *
Renee Ja Gentry, The Law Office of Renee J. Gentry, Washington, DC, for petitioner.
Tyler King, U.S. Department of Justice, Washington, D.C., for respondent.
DECISION ON DAMAGES1
On September 20, 2018, Thomas Creely (“petitioner”) filed a petitioner for compensation
in the National Vaccine Injury Compensation Program.2 Petition (ECF No. 1). Petitioner alleged
that he suffered from Guillain-Barre Syndrome (“GBS”) as a result of receiving an influenza
(“flu”) vaccination on February 2, 2017. Id. at Preamble. On November 21, 2019, respondent
filed his Rule 4(c) report in which he conceded that Petitioner is entitled to compensation. (ECF
No. 31). On November 25, 2019, a Ruling on Entitlement was issued, finding that petitioner had
established that he suffered a Table GBS and was entitled to compensation. See Creely v. Sec'y of
Health & Hum. Servs., No. 18-1434V, 2019 WL 7482161, at *1 (Fed. Cl. Nov. 25, 2019) (ECF
No. 32). The case entered the damages phase the same day. (ECF No. 33).
1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this opinion contains a
reasoned explanation for the action in this case, I am required to post it on the website of the United States Court of
Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. This means the
opinion will be available to anyone with access to the Internet. Before the decision is posted on the court’s
website, each party has 14 days to file a motion requesting redaction “of any information furnished by that party:
(1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that
includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of
privacy.” Vaccine Rule 18(b). “An objecting party must provide the court with a proposed redacted version of the
decision.” Id. If neither party files a motion for redaction within 14 days, the opinion will be posted on the
court’s website without any changes. Id.
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury
Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended 42 U.S.C. §§ 300aa-10 to 34 (2012)
(hereinafter “Vaccine Act” or “the Act”). Hereinafter, individual section references will be to 42 U.S.C. § 300aa of
the Act.

Case 1:18-vv-01434-UNJ Document 103 Filed 05/27/22 Page 2 of 2
The case was in the damages phase for over two years, and on March 18, 2022, petitioner
filed a status report indicating that Mr. Creely was unable to participate in a damages hearing and
instead requested a briefing schedule on the determination of pain and suffering, as the parties
had come to an agreement on a life care plan. Status Report, March 18, 2022 (ECF No. 90).
Petitioner filed a memorandum the same day, and respondent submitted his response on April 4,
2022. (ECF Nos. 91, 93). On April 27, 2022, I issued a Ruling on Damages, finding that
petitioner should receive an award for past pain and suffering in the amount of $250,000.00, and
ordered respondent to file a proffer consistent with the ruling, along with the other agreed upon
terms from the life care plan. Ruling on Damages (ECF No. 94).
On May 5, 2022, respondent filed a Proffer on an award of compensation, which
indicates petitioner’s agreement to compensation on the terms set forth therein. Proffer (ECF No.
97). I have reviewed the Proffer and do award damages in accord with it. The Proffer is
incorporated herein and made part of hereof as Appendix A. Based on the record as a whole, I
find that petitioner is entitled to an award as stated in the Proffer.
Consistent with the terms of the Proffer, the undersigned awards the following in
compensation:
(A) A lump sum payment of $329,316.56 ($250,000.00 representing compensation for
past pain and suffering and $79,316.56 representing compensation for year one (1)
of life care plan expenses) in the form of a check payable to petitioner, Thomas
Creely;
(B) An amount sufficient to purchase the annuity contract described in section II.B. of
the proffer.
This amount accounts for all elements of compensation under 42 U.S.C. §300aa-15(a).
The Clerk of the Court is directed to ENTER JUDGMENT in accordance with this
decision.3
IT IS SO ORDERED.
s/Thomas L. Gowen
Thomas L. Gowen
Special Master
3 Entry of judgment is expedited by each party’s filing notice renouncing the right to seek review. Vaccine Rule
11(a).
2