VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00416 Package ID: USCOURTS-cofc-1_19-vv-00416 Petitioner: Gregory Bacon Filed: 2019-03-19 Decided: 2022-08-11 Vaccine: influenza Vaccination date: 2013-01-18 Condition: Guillain-Barré Syndrome (GBS) Outcome: compensated Award amount USD: 127500 AI-assisted case summary: Gregory Bacon filed a petition for compensation under the National Vaccine Injury Compensation Program on March 19, 2019, alleging he suffered Guillain-Barré Syndrome (GBS) after receiving an influenza vaccine on January 18, 2013. The case was assigned to the Special Processing Unit. On September 9, 2020, the Chief Special Master issued a ruling on entitlement, finding Mr. Bacon entitled to compensation. Respondent conceded that Mr. Bacon satisfied the criteria set forth in the Vaccine Injury Table for GBS, which afforded him a presumption of causation. The respondent agreed that Mr. Bacon had satisfied all legal prerequisites for compensation. Subsequently, on July 11, 2022, the parties filed a joint stipulation requesting an award of $127,500.00. The Chief Special Master adopted the stipulation and awarded Mr. Bacon a lump sum payment of $127,500.00 for all damages available under the Act. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00416-0 Date issued/filed: 2020-10-13 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 09/09/2020) regarding 22 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00416-UNJ Document 25 Filed 10/13/20 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-0416V UNPUBLISHED GREGORY BACON, Chief Special Master Corcoran Petitioner, Filed: September 9, 2020 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on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. Curtis R. Webb, Twin Falls, ID, for petitioner. Lisa Ann Watts, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 On March 19, 2019, Gregory Bacon 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”) after receiving the influenza vaccine on January 18, 2013. Petition at ¶¶ 1-3. The case was assigned to the Special Processing Unit of the Office of Special Masters. On September 8, 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 “[i]It is [his] position that [P]etitioner has satisfied the criteria set forth in the recently revised Vaccine Injury Table (‘Table’) and the Qualifications and Aids to Interpretation (‘QAI’), which afford petitioner 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-00416-UNJ Document 25 Filed 10/13/20 Page 2 of 2 causation if: the diagnosis of GBS is sound; the onset of GBS occurs between three and forty-two days after a seasonal flu vaccination; and, there is no identified more likely alternative diagnosis.” Id. at 4 (citing 42 C.F.R. § 100.3(a)(XIV)(D) (GBS Table entry), (c)(15) (applicable QAI section)). Respondent further agrees that “based on the record as it now stands, [P]etitioner has satisfied all legal prerequisites for compensation under the 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 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_19-vv-00416-1 Date issued/filed: 2022-08-11 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 07/12/2022) regarding 50 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00416-UNJ Document 54 Filed 08/11/22 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-0416V UNPUBLISHED GREGORY BACON, Chief Special Master Corcoran Petitioner, Filed: July 12, 2022 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Damages Decision Based on Joint HUMAN SERVICES, Stipulation After Entitlement Determined for Petitioner; Influenza Respondent. (Flu) Vaccine; Guillain-Barre Syndrome (GBS) Curtis R. Webb, Curtis R. Webb, Attorney at Law, Monmouth, OR, for Petitioner. Naseem Kourosh, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On March 19, 2019, Gregory Bacon 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”) after receiving the influenza vaccine on January 18, 2013. Petition at ¶¶ 1-3. The case was assigned to the Special Processing Unit of the Office of Special Masters. On September 9, 2020, I issued a ruling on entitlement, finding Petitioner entitled to compensation for his GBS. On July 11, 2022, the parties filed the attached joint 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-00416-UNJ Document 54 Filed 08/11/22 Page 2 of 7 stipulation,3 requesting that I issue a decision awarding compensation in the amount of $127,500.00. I find the stipulation reasonable and adopt it as my decision awarding damages, on the terms set forth therein. Pursuant to the terms stated in the attached Stipulation, I award Petitioner a lump sum payment of $127,500.00 in the form of a check payable to Petitioner. This amount represents compensation for all damages that would be available under Section 15(a). The Clerk of 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 3 Usually, a proffer is filed by Respondent if the parties have reached an informal agreement regarding the appropriate amount of compensation to be awarded after an entitlement determination. However, in a minority of cases, the parties may choose to file a joint stipulation instead, representing more of a compromise regarding the compensation to be awarded. 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-00416-UNJ Document 54 Filed 08/11/22 Page 3 of 7 Case 1:19-vv-00416-UNJ Document 54 Filed 08/11/22 Page 4 of 7 Case 1:19-vv-00416-UNJ Document 54 Filed 08/11/22 Page 5 of 7 Case 1:19-vv-00416-UNJ Document 54 Filed 08/11/22 Page 6 of 7 Case 1:19-vv-00416-UNJ Document 54 Filed 08/11/22 Page 7 of 7