VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00879
Package ID: USCOURTS-cofc-1_19-vv-00879
Petitioner: Timothy Andrews
Filed: 2019-06-14
Decided: 2021-09-30
Vaccine: influenza
Vaccination date: 2017-10-09
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 205407

AI-assisted case summary:
Timothy Andrews filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine he received on October 9, 2017. He met the program's requirements, including that the vaccine was administered in the United States and that his injury resulted in sequelae lasting more than six months. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Mr. Andrews was entitled to compensation. The respondent agreed that Mr. Andrews satisfied the criteria for GBS as listed on the Vaccine Injury Table and that all legal prerequisites for compensation had been met. Based on the respondent's concession and the evidence, the Chief Special Master found Mr. Andrews entitled to compensation. Subsequently, a decision awarding damages was issued. The respondent proffered an award of $205,407.65, which included $200,000.00 for pain and suffering and $5,407.65 for past unreimbursed expenses. Mr. Andrews, who was a competent adult, concurred with this proffered award. The court awarded the stipulated amount.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00879-0
Date issued/filed: 2021-09-29
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/30/2021) regarding 36 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00879-UNJ Document 38 Filed 09/29/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-0879V
UNPUBLISHED
TIMOTHY ANDREWS, Chief Special Master Corcoran
Petitioner, Filed: August 30, 2021
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.
Robert Deniger Cobb, Jr., Nahon, Saharovich & Trotz, Memphis, TN, for Petitioner.
Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On June 14, 2019, Timothy Andrews 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 vaccine received on October 9, 2017.3 Petition at 1. Petitioner further
alleges the vaccine was administered in the United States, Petitioner has suffered the
sequela of his injury for more than six months, and neither Petitioner nor any other party
has filed an action for, or received compensation in the form of an award or settlement
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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C.
§ 300aa (2012).
3 The petition asserted alternative claims of scleroderma and radial neuropathy, which Respondent did not
concede in his Rule 4(c) Report. The alternative claims were discussed in a July 29, 2021 status
conference, after which the parties resolved the case through the agreed-upon proffer. In light of the
resolution of the case, the alternative claims need not be addressed further.

Case 1:19-vv-00879-UNJ Document 38 Filed 09/29/21 Page 2 of 2
for, Petitioner’s vaccine-related injury. Petition at ¶¶ 2, 35-37. The case was assigned to
the Special Processing Unit of the Office of Special Masters.
On July 13, 2021, Respondent filed his Rule 4(c) report in which he concedes that
Petitioner is entitled to compensation in this case for GBS. Respondent’s Rule 4(c) Report
at 1. Specifically, Respondent agrees that Petitioner has satisfied the criteria set forth in
the Vaccine Injury Table and Qualifications and Aids to Interpretation for GBS. Id. at 16-
17. Respondent further agrees that the statutory six month sequelae requirement has
been satisfied and Petitioner 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

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DOCUMENT 2: USCOURTS-cofc-1_19-vv-00879-1
Date issued/filed: 2021-09-30
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 08/30/2021) regarding 37 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00879-UNJ Document 39 Filed 09/30/21 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-0879V
UNPUBLISHED
TIMOTHY ANDREWS, Chief Special Master Corcoran
Petitioner, Filed: August 30, 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.
Robert Deniger Cobb, Jr., Nahon, Saharovich & Trotz, Memphis, TN, for Petitioner.
Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On June 14, 2019, Timothy Andrews 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 vaccine received on October 9, 2017. Petition at 1. Petitioner further
alleges the vaccine was administered in the United States, Petitioner has suffered the
sequela of his injury for more than six months, and neither Petitioner nor any other party
has filed an action for, or received compensation in the form of an award or settlement
for, Petitioner’s vaccine-related injury. Petition at ¶¶ 2, 35-37. The case was assigned to
the Special Processing Unit of the Office of Special Masters.
On August 30, 2021, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for GBS. On August 30, 2021, Respondent filed a proffer on award of
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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C.
§ 300aa (2012).

Case 1:19-vv-00879-UNJ Document 39 Filed 09/30/21 Page 2 of 4
compensation (“Proffer”) indicating Petitioner should be awarded $205,407.65. Proffer at
1. 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 $205,407.65 (representing $200,000.00 for actual and projected
pain and suffering at net present value, and $5,407.65 representing past
unreimbursed expenses) 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 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-00879-UNJ Document 39 Filed 09/30/21 Page 3 of 4
THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
TIMOTHY ANDREWS,
Petitioner,
v. No. 19-879V
Chief Special Master Brian H. Corcoran
SECRETARY OF HEALTH AND SPU
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On July 13, 2021, respondent filed his Rule 4(c) Report, recommending that the Court
find petitioner entitled to compensation specifically for Guillain-Barré syndrome (GBS) and
related sequelae, regarding which petitioner is entitled to a presumption of causation under the
Vaccine Injury Table. ECF No. 32. Should the Court find petitioner entitled to compensation,
respondent proffers that petitioner be awarded a lump sum of $205,407.65 for all damages
available pursuant to 42 U.S.C. § 300aa-15(a) as a result of petitioner receiving an influenza
vaccination on or about October 9, 2017, regardless of the injury alleged. Of this total amount,
$200,000.00 represents an award for actual and projected pain and suffering at net present value,
and $5,407.65 represents an award for past unreimbursed expenses. Petitioner is a competent
adult. Accordingly, guardianship documentation is not required.
Petitioner has reviewed the foregoing and concurs. Petitioner agrees with the proffered
award of $205,407.65.1
1 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).
1

Case 1:19-vv-00879-UNJ Document 39 Filed 09/30/21 Page 4 of 4
Respectfully submitted,
BRIAN M. BOYNTON
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
LARA A. ENGLUND
Assistant Director
Torts Branch, Civil Division
s/ RYAN D. PYLES
RYAN D. PYLES
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
Tel: (202) 616-9847
ryan.pyles@usdoj.gov
Dated: August 30, 2021
2