VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00604
Package ID: USCOURTS-cofc-1_19-vv-00604
Petitioner: Michael Brent Klusman
Filed: 2019-04-23
Decided: 2021-03-03
Vaccine: influenza
Vaccination date: 2017-11-08
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 225300

AI-assisted case summary:
Michael Brent Klusman filed a petition for compensation under the National Vaccine Injury Compensation Program on April 23, 2019, alleging that he suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine administered on November 8, 2017. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Mr. Klusman was entitled to compensation. The respondent agreed that Mr. Klusman suffered from GBS and satisfied the criteria set forth in the Vaccine Injury Table. On May 11, 2020, a ruling on entitlement was issued, finding Mr. Klusman entitled to compensation. Subsequently, on January 21, 2021, the respondent filed a proffer on award of compensation, recommending an award of $225,300.10, which included $225,000.00 for pain and suffering and $300.10 for out-of-pocket medical expenses. Mr. Klusman agreed with this proffered award. The Chief Special Master issued a decision awarding Mr. Klusman a lump sum payment of $225,300.10.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00604-0
Date issued/filed: 2020-06-11
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 05/11/2020) regarding 24 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00604-UNJ Document 27 Filed 06/11/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-604V
UNPUBLISHED
MICHAEL BRENT KLUSMAN, Chief Special Master Corcoran
Petitioner, Filed: May 11, 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.
William Patrick Ronan, III, The Ronan Law Firm, Overland Parks, KS, for petitioner.
Ida Nassar, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On April 23, 2019, Michael Brent Klusman 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-Barre Syndrome (“GBS”) as
a result of an influenza (“flu”) vaccination administered on November 8, 2017. Petition
at 1. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On April 30, 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 has reviewed the petition and medical records, and it is
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-00604-UNJ Document 27 Filed 06/11/20 Page 2 of 2
his position that Petitioner suffered from GBS. Id. at 6. Respondent further agrees that
Petitioner has satisfied the criteria set forth in the revised Vaccine Injury Table and the
Qualifications and Aids to Interpretation. 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-00604-1
Date issued/filed: 2021-03-03
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 01/21/2021) regarding 38 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00604-UNJ Document 40 Filed 03/03/21 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-604V
UNPUBLISHED
MICHAEL BRENT KLUSMAN, Chief Special Master Corcoran
Petitioner, Filed: January 21, 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.
William Patrick Ronan, III, The Ronan Law Firm, Overland Park, KS, for petitioner.
Ida Nassar, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On April 23, 2019, Michael Brent Klusman 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 receiving an influenza (“flu”) vaccine on November 8, 2017. Petition at 1.
Petitioner further alleges the the vaccine was administered in the United States, that he
has suffered the residual effects of his injury for more than six months, and that there has
been no previous award or settlement of a civil action for his injury. Petition at 1, 20. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On May 11, 2020, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for GBS. On January 21, 2021, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $225,300.10
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-00604-UNJ Document 40 Filed 03/03/21 Page 2 of 5
(comprised of $225,00.00 for pain and suffering, and $300.10 for out-of-pocket medical
expenses). Proffer at 1-2. 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 $225,300.10 (comprised of $225,00.00 for pain and suffering, and
$300.10 for out-of-pocket medical 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

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
MICHAEL BRENT KLUSMAN, )
)
Petitioner, ) No. 19-604V ECF
)
v. ) Chief Special Master Corcoran
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
___________________________________ )
PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On April 23, 2019, Michael Brent Klusman (“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
November 8, 2017, he suffered from Guillain-Barre Syndrome (GBS). See Petition. On April
30, 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. On May 11, 2020, Chief
Special Master Corcoran issued a ruling on entitlement, finding that petitioner was entitled to
compensation for a GBS Table injury.
II. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
a lump sum of $225,300.10 for all damages, including $225,000.00 representative of pain and
1 This Proffer does not include attorneys’ fees and costs, which the parties intend to address after
the Damages Decision is issued.

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suffering, and $300.10 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.
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 $225,300.10 in
the form of a check payable to petitioner.2 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
DARRYL R. WISHARD
Assistant Director
Torts Branch, Civil Division
2 Should 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

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/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
E-mail: ida.nassar@usdoj.gov
Date: January 21, 2021
3