VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00764
Package ID: USCOURTS-cofc-1_19-vv-00764
Petitioner: Young Kwan Jun
Filed: 2019-05-22
Decided: 2020-08-10
Vaccine: influenza
Vaccination date: 2016-09-30
Condition: Miller-Fisher variant of Guillain-Barre Syndrome
Outcome: compensated
Award amount USD: 80000

AI-assisted case summary:
Young Kwan Jun filed a petition for compensation alleging that he received an influenza vaccination on September 30, 2016, and subsequently developed Guillain-Barre Syndrome (GBS), specifically the Miller-Fisher variant. The respondent conceded that Mr. Jun's claim was appropriate for compensation, agreeing that he suffered the Table injury of GBS following the flu vaccine and that there was no evidence of an unrelated cause. The respondent also confirmed that Mr. Jun met the statutory requirements for compensation, including suffering his condition for more than six months. Based on the respondent's concession and a review of the medical records, the Special Master ruled that Mr. Jun was entitled to compensation. The case then proceeded to the damages phase, where the respondent proffered a lump sum payment of $80,000.00 to compensate Mr. Jun for all damages available under the Act. Mr. Jun agreed with this proffered award, and judgment was entered accordingly.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00764-0
Date issued/filed: 2020-06-12
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 5/18/2020) regarding 19 Ruling on Entitlement. Signed by Special Master Mindy Michaels Roth. (mw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:19-vv-00764-UNJ Document 21 Filed 06/12/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-764V
Filed: May 18, 2020
* * * * * * * * * * * * * * *
YOUNG KWAN JUN, * UNPUBLISHED
*
Petitioner, *
*
v. * Ruling on Entitlement; Table Injury;
* Guillain-Barre Syndrome (“GBS”);
SECRETARY OF HEALTH * Miller-Fisher Variant; Influenza
AND HUMAN SERVICES, * (“Flu”) Vaccine
*
Respondent. *
*
* * * * * * * * * * * * * * *
Gregory Spizer, Esq., Anapol Weiss, Philadelphia, PA for petitioner.
Voris Johnson, Esq., U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Roth, Special Master:
On May 22, 2019, Young Kwan June (“petitioner”) filed a petition for compensation
under the National Vaccine Injury Compensation Program (“the Program”)2 alleging that he
received an influenza (“flu”) vaccination on September 30, 2016, and thereafter suffered from
the Miller-Fisher variant of Guillain-Barre Syndrome (“GBS”). See Petition at 1.
On May 18, 2020, respondent filed a report pursuant to Vaccine Rule 4(c) stating that
1 Although this Ruling has been formally designated “unpublished,” it will nevertheless be posted on the
Court of Federal Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-
347, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). This means the
Ruling will be available to anyone with access to the internet. However, the parties may object to the
Ruling’s inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b),
each party has fourteen days within which to request redaction “of any information furnished by that
party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or
(2) that includes medical files or similar files, the disclosure of which would constitute a clearly
unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, the whole Ruling will be available to
the public. Id.
2 The Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§
300aa-10 et seq. (hereinafter “Vaccine Act” or “the Act”). Hereafter, individual section references will be
to 42 U.S.C. § 300aa of the Act.

Case 1:19-vv-00764-UNJ Document 21 Filed 06/12/20 Page 2 of 2
petitioner’s claim was appropriate for compensation. Resp. Rpt. at 1. Specifically, respondent
agrees with petitioner’s claim that he suffered the Table injury of GBS (Miller-Fisher variant)
following flu vaccine. Id. at 3 Respondent further states that there is not preponderant evidence
that petitioner’s GBS (Miller-Fisher variant) was due to a factor unrelated to the vaccination. Id.
Based on a review of the medical records, respondent states that petitioner has met the applicable
statutory requirements by suffering his condition for more than six months and that, therefore,
petitioner has satisfied all legal prerequisites for compensation under the Act. Id.
A special master may determine whether a petitioner is entitled to compensation based
upon the record. A hearing is not required. §300aa-13; Vaccine Rule 8(d). In light of
respondent’s concession and a review of the record, the undersigned finds that petitioner is
entitled to compensation. This matter shall now proceed to the damages phase.
IT IS SO ORDERED.
s/Mindy Michaels Roth
Mindy Michaels Roth
Special Master
2

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_19-vv-00764-1
Date issued/filed: 2020-08-10
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 7/15/2020) regarding 24 DECISION Stipulation/Proffer. Signed by Special Master Mindy Michaels Roth. (mw) Service on parties made.
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Case 1:19-vv-00764-UNJ Document 25 Filed 08/10/20 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-764
Filed: July 15, 2020
* * * * * * * * * * * * *
YOUNG KWAN JUN, * UNPUBLISHED
*
Petitioner, * Decision Awarding Damages;
* Guillain-Barre Syndrome
v. * (“GBS”); Influenza (“Flu”)
* Vaccine
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * *
Gregory Spizer, Esq., Anapol Weiss, Philadelphia, PA, for petitioner.
Voris Johnson, Esq., US Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES 1
Roth, Special Master:
On May 22, 2019, Young Kwan Jun [“Mr. Jun or “petitioner”] filed a petition for
compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges that
he developed Guillain-Barre Syndrome (“GBS”) after receiving an influenza vaccination on
September 30, 2016. Petition (“Pet.”) at 1, ECF No. 1.
On May 18, 2020, respondent filed a report pursuant to Vaccine Rule 4(c) conceding that
petitioner is entitled to compensation in this matter after alleging the Table Injury of GBS
following an influenza vaccination he received on September 30, 2016. Respondent’s Report
(“Resp. Rpt.”) at 1, ECF No. 18.
1 Although this Decision has been formally designated “unpublished,” it will nevertheless be posted on the
Court of Federal Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-
347, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). This means the Decision
will be available to anyone with access to the internet. However, the parties may object to the Decision’s
inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party
has fourteen days within which to request redaction “of any information furnished by that party: (1) that is
a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes
medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of
privacy.” Vaccine Rule 18(b). Otherwise, the whole Decision will be available to the public. Id.
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-00764-UNJ Document 25 Filed 08/10/20 Page 2 of 4
On May 18, 2020, I issued a ruling on entitlement finding that petitioner was entitled to
compensation. See Ruling on Entitlement, ECF No. 19.
Respondent filed a proffer on July 15, 2020, agreeing to issue the following payment:
A lump sum of $80,000 in the form of a check payable to petitioner, Young Kwan
Jun. This amount represents compensation for all damages that would be available
under § 300aa-15(a).
I adopt respondent’s proffer attached hereto, and award compensation in the amount and
on the terms set forth therein. The clerk of the court is directed to enter judgment in accordance
with this decision.3
IT IS SO ORDERED.
s/ Mindy Michaels Roth
Mindy Michaels Roth
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice
renouncing the right to seek review.
2

Case 1:19-vv-00764-UNJ Document 25 Filed 08/10/20 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
__________________________________________
)
YOUNG KWAN JUN, )
)
Petitioner, )
) No. 19-764V (ECF)
v. ) Special Master Roth
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
__________________________________________)
RESPONDENT’S PROFFER ON AWARD OF DAMAGES
On May 18, 2020, respondent, the Secretary of Health and Human Services, filed his
Rule 4(c) Report conceding entitlement to compensation in this matter alleging the Table injury
Guillain-Barré syndrome (“GBS”) following an influenza vaccination. The same day, the Court
entered its Ruling on Entitlement, finding petitioner Young Kwan Jun entitled to Vaccine Act
compensation. Respondent now proffers that petitioner receive a compensation award consisting
of a lump sum of $80,000.00 in the form of a check payable to petitioner, Young Kwan Jun.1
This amount represents compensation for all elements of compensation under 42 U.S.C. § 300aa-
15(a) to which petitioner is entitled.2
Petitioner agrees with the proffered award of $80,000.00.3
1 Petitioner is a competent adult. No guardianship is required.
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.
3 This proffer does not include any award for attorneys’ fees and costs that may be awarded
pursuant to 42 U.S.C. § 300aa-15(e).

Case 1:19-vv-00764-UNJ Document 25 Filed 08/10/20 Page 4 of 4
Respectfully submitted,
ETHAN P. DAVIS
Acting 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/Voris E. Johnson, Jr.
VORIS E. JOHNSON, JR.
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Ben Franklin Station
Washington, D.C. 20044-0146
Direct dial: (202) 616-4136
Dated: July 15, 2020
2