VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01834
Package ID: USCOURTS-cofc-1_18-vv-01834
Petitioner: Eugene Montgomery
Filed: 2020-09-29
Decided: 2020-11-02
Vaccine: influenza
Vaccination date: 2017-01-17
Condition: Guillain-Barré syndrome (GBS)
Outcome: compensated
Award amount USD: 280876

AI-assisted case summary:
Eugene Montgomery filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered Guillain-Barré syndrome (GBS) as a result of an influenza vaccine administered on January 17, 2017. The respondent, the Secretary of Health and Human Services, conceded that Mr. Montgomery is entitled to compensation. The respondent stated that Mr. Montgomery satisfied the criteria set forth in the Vaccine Injury Table, which affords a presumption of causation for GBS occurring between three and forty-two days after a seasonal flu vaccination, with no apparent alternative cause identified. The respondent also agreed that the statutory six-month sequela requirement had been satisfied. Based on the respondent's concession and the evidence of record, the Chief Special Master found Mr. Montgomery entitled to compensation. Subsequently, a decision awarding damages was issued. The respondent had filed a proffer indicating that Mr. Montgomery should be awarded $280,876.18, comprised of $183,000.00 for pain and suffering, $84,916.67 for lost earnings, and $12,959.51 for past unreimbursable out-of-pocket expenses. Mr. Montgomery agreed with this proffered award. The court awarded Mr. Montgomery a lump sum payment of $280,876.18.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01834-0
Date issued/filed: 2020-10-30
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 09/29/2020) 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-01834-UNJ Document 37 Filed 10/30/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1834V
UNPUBLISHED
EUGENE MONTGOMERY, Chief Special Master Corcoran
Petitioner, Filed: September 29, 2020
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.
Joseph Alexander Vuckovich, Maglio Christopher & Toale, PA, Washington, DC, for
petitioner.
Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On November 29, 2018, Eugene Montgomery 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 January 17, 2017. Petition at 1.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On September 25, 2020, 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 “[P]etitioner has satisfied the criteria set
forth in the Vaccine Injury Table (Table) and the Qualifications and Aids to Interpretation
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-01834-UNJ Document 37 Filed 10/30/20 Page 2 of 2
(QAI), which afford [P]etitioner 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 4. Respondent further agrees that no other causes for
Petitioner’s GBS were identified and the statutory six month sequela requirement has
been satisfied. Id.
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-01834-1
Date issued/filed: 2020-11-02
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 09/29/2020) regarding 33 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-01834-UNJ Document 38 Filed 11/02/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1834V
UNPUBLISHED
EUGENE MONTGOMERY, Chief Special Master Corcoran
Petitioner, Filed: September 29, 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.
Joseph Alexander Vuckovich, Maglio Christopher & Toale, PA, Washington, DC, for
petitioner.
Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On November 29, 2018, Eugene Montgomery 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 January 17, 2017. Petition at 1.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On September 29, 2020, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for GBS. On September 25, 2020, Respondent filed a combined
Rule 4 report/proffer on award of compensation (“Proffer”) indicating Petitioner should be
awarded $280,876.18 (comprised of $183,000.00 for pain and suffering, $84,916.67 for
lost earnings, and $12,959.51 for past unreimbursable out-of-pocket expenses). Proffer
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-01834-UNJ Document 38 Filed 11/02/20 Page 2 of 2
at 5. 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 Proffer, I award Petitioner a lump sum
payment of $280,876.18 (comprised of $183,000.00 for pain and suffering,
$84,916.67 for lost earnings, and $12,959.51 for past unreimbursable out-of-pocket
expenses) 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