VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00833
Package ID: USCOURTS-cofc-1_19-vv-00833
Petitioner: Warren Lathan
Filed: 2019-06-05
Decided: 2023-10-10
Vaccine: influenza
Vaccination date: 2017-09-08
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 200000

AI-assisted case summary:
Warren Lathan filed a petition for compensation under the National Vaccine Injury Compensation Program on June 5, 2019, alleging that he developed Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine administered on September 8, 2017. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on June 15, 2020, conceding that Mr. Lathan was entitled to compensation. The respondent agreed that Mr. Lathan satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on June 17, 2020, finding that Petitioner was entitled to compensation based on the respondent's concession. Subsequently, on September 12, 2023, both parties filed a stipulation to settle the case. While maintaining their positions on causation, they agreed that the issues could be resolved with a decision awarding compensation. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. Chief Special Master Corcoran reviewed the stipulation and found it reasonable, adopting it as the decision awarding damages. Mr. Lathan was awarded a lump sum of $200,000.00, payable to him by check, representing compensation for all damages available under Section 15(a) of the Act. The decision awarding damages was issued on October 10, 2023. Petitioner was represented by Steven K. Jambois of Kralovec, Jambois and Schwartz, and respondent was represented by Ida Nassar and later Nina Ren of the U.S. Department of Justice.

Theory of causation field:
Petitioner Warren Lathan alleged that he suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine received on September 8, 2017. The respondent conceded entitlement to compensation, agreeing that Petitioner met the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation. The parties later stipulated to settle the case, with the respondent maintaining their position that Petitioner did not sustain a GBS Table injury or that the vaccine caused GBS, CIDP, or any other injury. The public text does not detail the specific mechanism of injury, expert testimony, or the medical evidence considered beyond the respondent's concession regarding the Table. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on June 17, 2020, finding Petitioner entitled to compensation based on the respondent's concession. A subsequent Decision Awarding Damages was issued on October 10, 2023, adopting a stipulation that awarded Petitioner a lump sum of $200,000.00. Petitioner was represented by Steven K. Jambois, and respondent was represented by Ida Nassar and Nina Ren.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_19-vv-00833-0
Date issued/filed: 2020-07-21
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/17/2020) regarding 21 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:19-vv-00833-UNJ Document 24 Filed 07/21/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-833V
UNPUBLISHED
WARREN LATHAN, Chief Special Master Corcoran
Petitioner, Filed: June 17, 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.
Steven K Jambois, Kralovec, Jambois and Schwartz, Chicago, IL, for petitioner.
Ida Nassar, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On June 5, 2019, Warren Lathan 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”) vaccine administered on September 8, 2017. Petition at 1.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On June 15, 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 recommends compensation in this case. Id. at 1.
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-00833-UNJ Document 24 Filed 07/21/20 Page 2 of 2
Respondent further agrees that Petitioner has satisfied the criteria set forth in the
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-00833-1
Date issued/filed: 2023-10-10
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 09/12/2023) regarding 68 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (mva) Service on parties made.
--------------------------------------------------------------------------------
Case 1:19-vv-00833-UNJ Document 72 Filed 10/10/23 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-833V
* * * * * * * * * * * * * * * * * * * * * * * * *
*
WARREN LATHAN, * Chief Special Master Corcoran
*
Petitioner, * Filed: September 12, 2023
*
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Steven K. Jambois, Kralovec, Jambois and Schwartz, Chicago, IL, for Petitioner.
Nina Ren, U.S. Dep’t of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On June 5, 2019, Warren Lathan filed a petition for compensation under the National
Vaccine Injury Compensation Program (the “Vaccine Program”).2 Petitioner alleges that he
developed Guillain-Barré syndrome (“GBS”) as a result of the influenza (“flu”) vaccine he
received on September 8, 2017. Petition (ECF No. 1) (“Pet.”) at 1. Moreover, Petitioner alleges
that he experienced residual effects of this injury for more than six months.
Respondent denies that Petitioner sustained a GBS Table injury or that the flu vaccine
caused Petitioner to suffer GBS, CIDP, or any other injury or condition. Respondent also denies
that Petitioner’s current condition is a sequela of a vaccine-related injury. Nonetheless both parties,
while maintaining their above-stated positions, agreed in a stipulation (filed on September 12,
1 Under Vaccine Rule 18(b), each party has fourteen (14) 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
in its present form. Id.
2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660,
100 Stat. 3758, codified as amended at 42 U.S.C. §§ 300aa-10 through 34 (2012) (“Vaccine Act” or “the Act”).
Individual section references hereafter will be to § 300aa of the Act (but will omit that statutory prefix).

Case 1:19-vv-00833-UNJ Document 72 Filed 10/10/23 Page 2 of 7
2023) that the issues before them could be settled, and that a decision should be entered awarding
Petitioner compensation.
I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation
(as attached hereto) is reasonable. I therefore adopt it as my decision in awarding damages on the
terms set forth therein.
The stipulation awards:
• A lump sum of $200,000.00 in the form of a check payable to Petitioner.
Stipulation ¶ 8. This amount represents compensation for all damages that would be available
under Section 15(a) of the Act.
I approve a Vaccine Program award in the requested amount set forth above to be made to
Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the Court is directed to enter judgment herewith.3
IT IS SO ORDERED.
/s/ Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately)
a notice renouncing their right to seek review.

Case 1:19-vv-00833-UNJ Document 72 Filed 10/10/23 Page 3 of 7

Case 1:19-vv-00833-UNJ Document 72 Filed 10/10/23 Page 4 of 7

Case 1:19-vv-00833-UNJ Document 72 Filed 10/10/23 Page 5 of 7

Case 1:19-vv-00833-UNJ Document 72 Filed 10/10/23 Page 6 of 7

Case 1:19-vv-00833-UNJ Document 72 Filed 10/10/23 Page 7 of 7