VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00266
Package ID: USCOURTS-cofc-1_19-vv-00266
Petitioner: Earl J. Smith
Filed: 2019-02-19
Decided: 2020-07-06
Vaccine: influenza
Vaccination date: 2009-06-15
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 197500

AI-assisted case summary:
Earl J. Smith filed a petition for vaccine injury compensation on February 19, 2019, alleging that he developed Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine administered on June 15, 2009. The respondent filed a Rule 4(c) report on May 19, 2020, conceding that Mr. Smith satisfied the criteria for a Table injury and was entitled to compensation. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on May 19, 2020, finding Mr. Smith entitled to compensation. Subsequently, on May 27, 2020, the respondent filed a Proffer on Award of Compensation. In this proffer, the respondent recommended an award of $197,500.00 for past and future pain and suffering, representing all elements of compensation available under the Vaccine Act. The respondent stated that Mr. Smith agreed with this proffered award. Chief Special Master Corcoran issued a Decision Awarding Damages on July 6, 2020, awarding Mr. Smith a lump sum payment of $197,500.00, payable by check to Mr. Smith. The decision noted that Mr. Smith is a competent adult. The case proceeded as a Table claim, and the parties stipulated to the damages. Petitioner counsel was Scott B. Taylor of Urban & Taylor, S.C., and respondent counsel was Lisa Ann Watts of the U.S. Department of Justice. The public decision does not describe the onset, specific symptoms, medical tests, treatments, or the mechanism of injury.

Theory of causation field:
Petitioner Earl J. Smith alleged that he developed Guillain-Barre Syndrome (GBS), a Table injury, as a result of an influenza vaccine administered on June 15, 2009. The respondent conceded entitlement to compensation, agreeing that Petitioner satisfied the criteria for a Table injury under the Vaccine Injury Table and the Qualifications and Aids to Interpretation. The petition was filed within the look-back provision, not later than two years after the effective date of the Table revision adding GBS as a Table injury following flu vaccine (March 21, 2017), and the alleged injury occurred not more than eight years prior to the effective date of the Table revision. The parties stipulated to the damages, with the respondent proffering an award of $197,500.00 for past and future pain and suffering, which Petitioner accepted. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on May 19, 2020, and a Decision Awarding Damages on July 6, 2020, awarding a lump sum of $197,500.00. Petitioner counsel was Scott B. Taylor, and respondent counsel was Lisa Ann Watts. The public text does not detail specific medical experts, competing medical theories, or the precise mechanism of injury, relying on the concession of a Table injury.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00266-0
Date issued/filed: 2020-06-29
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 05/20/2020) regarding 22 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00266-UNJ Document 30 Filed 06/29/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-266V
UNPUBLISHED
EARL J. SMITH, Chief Special Master Corcoran
Petitioner, Filed: May 20, 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.
Scott B. Taylor, Urban & Taylor, S.C., Milwaukee, WI, for petitioner.
Lisa Ann Watts, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On February 19, 2019, Earl J. Smith 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 developed Guillain-Barre Syndrome (“GBS”)
as a result of an influenza (“flu”) vaccine administered on June 15, 2009. Petition at 1.3
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On May 19, 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 believes that Petitioner has satisfied the criteria set forth
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).
3 Petitioner is not time-barred from alleging a Table injury of GBS under 42 16(a)(2) due to the look-back
provision. See 16(b).

Case 1:19-vv-00266-UNJ Document 30 Filed 06/29/20 Page 2 of 2
in the recently revised Vaccine Injury Table and the Qualifications and Aids to
Interpretation. Id. at 5. Respondent further agrees that Petitioner has satisfied all legal
prerequisites for compensation under the Vaccine Act. 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_19-vv-00266-1
Date issued/filed: 2020-07-06
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 06/02/2020) regarding 25 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00266-UNJ Document 31 Filed 07/06/20 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-266V
UNPUBLISHED
EARL J. SMITH, Chief Special Master Corcoran
Petitioner, Filed: June 2, 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.
Scott B. Taylor, Urban & Taylor, S.C., Milwaukee, WI, for petitioner.
Lisa Ann Watts, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On February 19, 2019, Earl J. Smith 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 administered on June 15, 2009.
Petition at 13. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On May 19, 2020, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for GBS. On May 27, 2020, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $197,500.00 for past
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).
3 Petitioner is not time-barred from alleging a Table injury of GBS because the petition was filed within the
look-back provision. See § 16(b).

Case 1:19-vv-00266-UNJ Document 31 Filed 07/06/20 Page 2 of 4
and future pain and suffering. Proffer at 1. 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 $197,500.00 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.4
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
4 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 1:19-vv-00266-UNJ Document 31 Filed 07/06/20 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
EARL J. SMITH,
Petitioner,
v. No. 19-266V
Chief Special Master Corcoran
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On February 19, 2019, Earl J. Smith (“petitioner”) filed a petition for vaccine injury
compensation alleging that he developed Guillain-Barré syndrome (“GBS”), a Table injury, as a
result of an influenza (“flu”) vaccine administered to him on June 15, 2009.1 Respondent filed his
Rule 4(c) Report conceding entitlement to compensation on May 19, 2020, and the Court issued a
Ruling on Entitlement that same day.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
a total of $197,500.00 for his past and future pain and suffering. This represents all elements of
compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a).2 Petitioner
1 Petitioner is not time-barred from alleging a Table injury of GBS under 42 U.S.C
§ 300aa–16(a)(2), because his petition was filed not later than two years after the effective date of
the Table revision adding GBS as a Table injury following flu vaccine (March 21, 2017), and the
alleged injury occurred not more than eight years prior to the effective date of the Table revision.
See 42 U.S.C. § 300aa–16(b).
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 damages.
1

Case 1:19-vv-00266-UNJ Document 31 Filed 07/06/20 Page 4 of 4
agrees.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment of $197,500.00 in the form of a check payable to petitioner.3
Petitioner agrees.
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/Lisa A. Watts
LISA A. WATTS
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) 616-4099
DATED: May 27, 2020
3 Petitioner is a competent adult. Proof of guardianship is not required in this case.
2