VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00536
Package ID: USCOURTS-cofc-1_19-vv-00536
Petitioner: Charles Brandt
Filed: 2019-04-11
Decided: 2021-03-19
Vaccine: influenza
Vaccination date: 2017-09-30
Condition: Guillain-Barre syndrome (GBS)
Outcome: compensated
Award amount USD: 178969

AI-assisted case summary:
Charles Brandt, a 76-year-old man, filed a petition for compensation under the National Vaccine Injury Compensation Program on April 11, 2019. He alleged that he suffered from Guillain-Barré syndrome (GBS) as a result of an influenza vaccine administered on September 30, 2017. The respondent filed a Rule 4(c) report conceding that Mr. Brandt was entitled to compensation. The respondent stated that Mr. Brandt met the criteria for a Table injury, specifically GBS, with onset within the specified timeframe after a seasonal flu vaccination and no apparent alternative cause. The medical records also indicated that his GBS had residual effects lasting more than six months. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on May 22, 2020, finding Mr. Brandt entitled to compensation. Subsequently, on February 17, 2021, the respondent filed a proffer on award of compensation. The proffer indicated that Mr. Brandt should be awarded $178,969.98 for all damages, which included $165,000.00 for pain and suffering and $13,969.98 for out-of-pocket medical and related expenses. The respondent represented that Mr. Brandt agreed with this proffered award. Chief Special Master Corcoran issued a decision on March 19, 2021, awarding the proffered amount as a lump sum payment. Petitioner was represented by Theodore J. Hong of Maglio Christopher & Toale, PA, and respondent was represented by Adriana Ruth Teitel of the U.S. Department of Justice.

Theory of causation field:
Petitioner Charles Brandt, age 76, received an influenza vaccine on September 30, 2017, and subsequently developed Guillain-Barre Syndrome (GBS). The respondent conceded entitlement, stating that Petitioner met the criteria for a Table injury under 42 C.F.R. § 100.3(a)(XIV)(D) and (c)(15), with onset of GBS between three and forty-two days after vaccination and no apparent alternative cause. Medical records also showed residual effects of GBS lasting more than six months, satisfying 42 U.S.C. § 300aa-13(a)(1)(B) and § 300aa-11(c)(1)(D)(I). A ruling on entitlement was issued by Chief Special Master Brian H. Corcoran on May 22, 2020. A subsequent decision on March 19, 2021, awarded Petitioner a lump sum of $178,969.98, comprising $165,000.00 for pain and suffering and $13,969.98 for out-of-pocket medical expenses, based on a proffer agreed to by Petitioner. Petitioner was represented by Theodore J. Hong, and Respondent by Adriana Ruth Teitel.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00536-0
Date issued/filed: 2020-06-29
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 05/22/2020) regarding 27 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00536-UNJ Document 30 Filed 06/29/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-0536V
UNPUBLISHED
CHARLES BRANDT, Chief Special Master Corcoran
Petitioner, Filed: May 22, 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.
Theodore J. Hong, Maglio Christopher & Toale, PA, Seattle, WA, for Petitioner.
Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On April 11, 2019, Charles Brandt 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”) vaccine administered to him on September 30,
2017. Petition at 1. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On May 22, 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 “[b]ased on the medical records outlined
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-00536-UNJ Document 30 Filed 06/29/20 Page 2 of 2
above, petitioner has satisfied the criteria set forth in the revised Vaccine Injury Table
and the Qualifications and Aids to Interpretation, which affords petitioner a presumption
of causation if onset of GBS occurs between three and forty-two days after receipt of a
seasonal flu vaccination and there is no apparent alternative cause. 42 C.F.R. §
100.3(a)(XIV)(D), (c)(15). Additionally, the medical records demonstrate that petitioner
has experienced the residual effects of his GBS for more than six months. See 42
U.S.C. § 300aa-13(a)(1)(B); 42 U.S.C. § 300aa-11(c)(1)(D)(I). Therefore, based on the
case record as it now stands, petitioner has satisfied all legal prerequisites for
compensation under the Act.” Id. at 6.
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-00536-1
Date issued/filed: 2021-03-19
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 02/17/2021) regarding 44 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00536-UNJ Document 49 Filed 03/19/21 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-0536V
UNPUBLISHED
CHARLES BRANDT, Chief Special Master Corcoran
Petitioner, Filed: February 17, 2021
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Influenza (Flu) Vaccine; Guillain-
Barre Syndrome (GBS)
Respondent.
Theodore J. Hong, Maglio Christopher & Toale, PA, Seattle, WA, for Petitioner.
Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On April 11, 2019, Charles Brandt 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”) vaccine administered to him on September 30, 2017.
Petition at 1. Petitioner further alleges that his vaccine related injuries have lasted more
than six months after the administration of the vaccine. Petition at 6. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On May 22, 2020, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for GBS. On February 17, 2021, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $178,969.98, for all
damages, including $165,000.00 representative of pain and suffering, and $13,969.98
representative of out-of-pocket medical and related expenses. Proffer at 1. In the 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 1:19-vv-00536-UNJ Document 49 Filed 03/19/21 Page 2 of 4
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 $178,969.98, for all damages (including $165,000.00 representative of
pain and suffering, and $13,969.98 representative of out-of-pocket medical and related
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

Case 1:19-vv-00536-UNJ Document 49 Filed 03/19/21 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
CHARLES BRANDT,
Petitioner,
No. 19-536V
v. Chief Special Master Corcoran (SPU)
ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
PROFFER ON AWARD OF COMPENSATION
I. Procedural History
On April 11, 2019, Charles Brandt (“petitioner”) filed a petition for compensation
(“petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -
34, as amended. He alleges that, as a result of receiving the influenza vaccine on September 30,
2017, he suffered from Guillain-Barre Syndrome (“GBS”). See Petition at 1, 6. On May 22,
2020, respondent filed his Vaccine Rule 4(c) report, concluding that petitioner suffered GBS as
defined by the Vaccine Injury Table, within the Table timeframe, and the Chief Special Master
Corcoran issued a ruling on entitlement, finding that petitioner was entitled to compensation for
a GBS Table injury. ECF No. 26; ECF No. 27.
II. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
a lump sum of $178,969.98, for all damages, including $165,000.00 representative of pain and
suffering, and $13,969.98 representative of out-of-pocket medical and related expenses. This
amount represents all elements of compensation to which petitioner is entitled under 42 U.S.C. §
300aa-15(a). Petitioner agrees.

Case 1:19-vv-00536-UNJ Document 49 Filed 03/19/21 Page 4 of 4
III. Form of the Award
Respondent recommends that the compensation provided to petitioner 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 following: A lump sum payment of $178,969.98 in
the form of a check payable to petitioner.1 Petitioner agrees.
Respectfully submitted,
BRIAN M. BOYNTON
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Acting Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
s/ Adriana Teitel
ADRIANA TEITEL
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Benjamin Franklin Station
Washington, DC 20044-0146
Tel: (202) 616-3677
Dated: February 17, 2021
1Should petitioner die prior to entry of judgment, respondent would oppose any award for future
medical expenses, future lost earnings, and future pain and suffering, and the parties reserve the
right to move the Court for appropriate relief.
2