VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00382
Package ID: USCOURTS-cofc-1_19-vv-00382
Petitioner: Michael Terry
Filed: 2019-03-13
Decided: 2020-12-02
Vaccine: influenza
Vaccination date: 2017-11-02
Condition: Guillain-Barré Syndrome (GBS)
Outcome: compensated
Award amount USD: 200000

AI-assisted case summary:
Michael Terry filed a petition for compensation under the National Vaccine Injury Compensation Program on March 13, 2019, alleging he suffered Guillain-Barré Syndrome (GBS) as a result of an influenza vaccine received on November 2, 2017. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Mr. Terry was entitled to compensation. The respondent's position was that Mr. Terry suffered from GBS and met the criteria set forth in the Vaccine Injury Table (Table) and its Qualifications and Aids to Interpretation (QAI), which provided a presumption of vaccine causation. This presumption applies if GBS onset occurs between three and forty-two days after a seasonal flu vaccination, with no more likely alternative diagnosis or apparent alternative cause. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on July 31, 2020, finding Mr. Terry entitled to compensation. Subsequently, on October 29, 2020, the respondent filed a proffer recommending an award of $200,000.00 for pain and suffering, which Mr. Terry accepted. On December 2, 2020, Chief Special Master Corcoran issued a decision awarding Mr. Terry a lump sum payment of $200,000.00 for pain and suffering. The decision was issued by Chief Special Master Brian H. Corcoran. Petitioner was represented by Amy A. Senerth of Muller Brazil, LLP, and respondent was represented by Ida Nassar of the U.S. Department of Justice.

Theory of causation field:
Petitioner Michael Terry alleged Guillain-Barré Syndrome (GBS) following an influenza vaccine administered on November 2, 2017. The respondent conceded that petitioner suffered from GBS and satisfied the criteria for a presumption of vaccine causation under the Vaccine Injury Table (Table) and Qualifications and Aids to Interpretation (QAI), specifically that onset occurred between three and forty-two days after vaccination with no more likely alternative diagnosis or apparent alternative cause. A Ruling on Entitlement was issued on July 31, 2020, by Chief Special Master Brian H. Corcoran, finding petitioner entitled to compensation. A subsequent Proffer on Award of Compensation, filed by respondent on October 29, 2020, recommended an award of $200,000.00 for pain and suffering, which petitioner accepted. The decision, issued on December 2, 2020, by Chief Special Master Brian H. Corcoran, awarded petitioner a lump sum of $200,000.00 for pain and suffering. Petitioner was represented by Amy A. Senerth (Muller Brazil, LLP) and respondent by Ida Nassar (U.S. Department of Justice).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00382-0
Date issued/filed: 2020-09-02
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 07/31/2020) regarding 31 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00382-UNJ Document 34 Filed 09/02/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-0382V
UNPUBLISHED
MICHAEL TERRY, Chief Special Master Corcoran
Petitioner, Filed: July 31, 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.
Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for petitioner.
Ida Nassar, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On March 13, 2019, Michael Terry 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-Barré Syndrome (GBS)
as a result of an influenza (“flu”) vaccination received on November 2, 2017. See Petition.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On July 31, 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, it is Respondent’s position that “petitioner suffered from GBS and that he has
satisfied the criteria set forth in the revised Vaccine Injury Table (Table) and the
Qualifications and Aids to Interpretation (“QAI”), which afford him a presumption of
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 1:19-vv-00382-UNJ Document 34 Filed 09/02/20 Page 2 of 2
vaccine causation if the onset of GBS occurs between three and forty-two days after a
seasonal flu vaccination and there is no more likely alternative diagnosis and no apparent
alternative cause. 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_19-vv-00382-1
Date issued/filed: 2020-12-02
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 10/30/2020) regarding 37 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00382-UNJ Document 41 Filed 12/02/20 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-0382V
UNPUBLISHED
MICHAEL TERRY, Chief Special Master Corcoran
Petitioner, Filed: October 30, 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.
Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for petitioner.
Ida Nassar, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On March 13, 2019, Michael Terry 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 to him on November 2, 2017. Petition
at 1. Petitioner further alleges that his symptoms began between three and forty-days of
the vaccination and lasted for more than six months. Id. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On July 31, 2020, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for GBS. ECF 31. On October 29, 2020, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $200,000.00
in actual pain and suffering. Proffer at 1. In the Proffer, Respondent represented that
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 1:19-vv-00382-UNJ Document 41 Filed 12/02/20 Page 2 of 5
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 $200,000.00 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.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 1:19-vv-00382-UNJ Document 41 Filed 12/02/20 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
MICHAEL TERRY, )
)
Petitioner, )
) No. 19-382V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On March 13, 2019, Michael Terry (“petitioner”) filed a petition for compensation under
the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act”
or “Act”), alleging that he suffered Guillain Barre Syndrome (“GBS”) as a result of an influenza
(“flu”) vaccine administered to him on November 2, 2017. Petition at 1. On July 31, 2020, the
Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that
this case is appropriate for compensation under the terms of the Act, and the Chief Special
Master issued a Ruling on Entitlement finding petitioner entitled to compensation the same day.
ECF No. 30; ECF No. 31.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that Michael Terry should be awarded $200,000.00 in actual pain
and suffering. Petitioner agrees.

Case 1:19-vv-00382-UNJ Document 41 Filed 12/02/20 Page 4 of 5
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 Michael Terry should be made
through a lump sum payment as described below and requests that the Chief Special Master’s
decision and the Court’s judgment award the following1: a lump sum payment of $200,000.00
representing compensation for pain and suffering in the form of a check payable to petitioner,
Michael Terry.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Michael Terry: $200,000.00
Respectfully submitted,
JEFFREY BOSSERT CLARK
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
1 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 lost earnings
and future pain and suffering.
2

Case 1:19-vv-00382-UNJ Document 41 Filed 12/02/20 Page 5 of 5
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
/s/ Ida Nassar
IDA NASSAR
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) 616-4186
DATED: October 29, 2020
3