VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00935
Package ID: USCOURTS-cofc-1_19-vv-00935
Petitioner: Judson Costlow
Filed: 2019-06-27
Decided: 2021-02-01
Vaccine: influenza
Vaccination date: 2016-09-16
Condition: Guillain-Barré syndrome (GBS)
Outcome: compensated
Award amount USD: 125000

AI-assisted case summary:
Judson Costlow filed a petition for compensation under the National Vaccine Injury Compensation Program on June 27, 2019, alleging that he suffered Guillain-Barré syndrome (GBS) caused by an influenza vaccine he received on September 16, 2016. The case was assigned to the Special Processing Unit. Initially, the Respondent opposed compensation, questioning whether Mr. Costlow had suffered residual effects for more than six months. However, after reviewing additional evidence provided by the Petitioner, the Respondent conceded entitlement. On October 30, 2020, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement, finding Mr. Costlow entitled to compensation. Subsequently, on December 4, 2020, the Respondent filed a proffer agreeing to an award of $125,000.00 for pain and suffering, which Mr. Costlow accepted. Chief Special Master Corcoran issued a Decision Awarding Damages on February 1, 2021, awarding Mr. Costlow a lump sum payment of $125,000.00. Petitioner was represented by Amy A. Senerth of Muller Brazil, LLP, and Respondent was represented by Ronalda Elnetta Kosh of the U.S. Department of Justice. The public decision does not describe the onset, specific symptoms, diagnostic tests, treatments, or the mechanism of causation beyond its classification as a Table injury.

Theory of causation field:
Petitioner Judson Costlow alleged Guillain-Barré syndrome (GBS) caused in fact by an influenza vaccine received on September 16, 2016. The Respondent initially contested entitlement based on the duration of residual effects but later conceded that Petitioner satisfied the statutory six-month requirement and all other legal requirements for compensation under the Vaccine Act, agreeing that the GBS was a Table injury. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on October 30, 2020, finding Petitioner entitled to compensation. On December 4, 2020, Respondent filed a proffer agreeing to an award of $125,000.00 for pain and suffering, which Petitioner accepted. Chief Special Master Corcoran issued a Decision Awarding Damages on February 1, 2021, awarding a lump sum of $125,000.00 to Petitioner. Petitioner was represented by Amy A. Senerth (Muller Brazil, LLP), and Respondent was represented by Ronalda E. Kosh (U.S. Department of Justice). The public text does not detail specific medical experts, competing medical theories, or the precise mechanism of causation beyond the Table classification.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00935-0
Date issued/filed: 2020-12-02
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/30/2020) regarding 20 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:19-vv-00935-UNJ Document 23 Filed 12/02/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-0935V
UNPUBLISHED
JUDSON COSTLOW, Chief Special Master Corcoran
Petitioner, Filed: October 30, 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.
Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for petitioner.
Ronalda Elnetta Kosh, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On June 27, 2019, Judson Costlow 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-Barré syndrome (“GBS”)
caused in fact by the influenza vaccine he received on September 16, 2016. Petition at
1, ¶¶ 2, 20. Petitioner further alleges that he received the vaccination in the United States,
that he suffered the residual effects of his GBS for more than six months, and that neither
Petitioner nor any other party has filed a civil action or received compensation for his
GBS, alleged as vaccine caused. Id. at ¶¶ 2, 20-22. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
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-00935-UNJ Document 23 Filed 12/02/20 Page 2 of 2
On October 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. Although Respondent originally opposed compensation in this case based on his belief
that Petitioner had failed to establish that he suffered the residual effect of his GBS for
more than six months, upon reviewing the additional evidence provided by Petitioner he
now “has determined that [P]etitioner has satisfied this statutory requirement.” Id. at 2;
see Section 16(c)(1)(D)(i) (statutory six-month requirement). Respondent further agrees
that “[P]etitioner has satisfied all legal requirements for compensation under the Vaccine
Act as set forth in the Table and the Qualification 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-00935-1
Date issued/filed: 2021-02-01
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 12/04/2020) regarding 27 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:19-vv-00935-UNJ Document 31 Filed 02/01/21 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-0935V
UNPUBLISHED
JUDSON COSTLOW, Chief Special Master Corcoran
Petitioner, Filed: December 4, 2020
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Influenza (Flu) Vaccine; Guillain-
Barre Syndrome (GBS)
Respondent.
Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for petitioner.
Ronalda Elnetta Kosh, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On June 27, 2019, Judson Costlow 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-Barré syndrome (“GBS”)
caused in fact by the influenza vaccine he received on September 16, 2016. Petition at
1, ¶¶ 2, 20. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On October 30, 2020, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for his GBS. On December 4, 2020, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $125,000.00,
representing compensation for his pain and suffering. 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-00935-UNJ Document 31 Filed 02/01/21 Page 2 of 5
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 $125,000.00, representing compensation for his pain and
suffering, 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-00935-UNJ Document 31 Filed 02/01/21 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
JUDSON COSTLOW, )
)
)
Petitioner, )
) No. 19-0935V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On June 27, 2019, Judson Costlow (“petitioner”) filed a petition for compensation under
the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act”
or “Act”), for an injury petitioner allegedly sustained as a result of an influenza (“flu”)
vaccination administered on September 16, 2016. Petition at 1. Petitioner alleges that he
suffered Guillain-Barré Syndrome (“GBS”), which is an injury listed on the Vaccine Injury
Table for the flu vaccine. On October 30, 2020, the Secretary of Health and Human Services
(“respondent”) filed a Supplemental Rule 4(c) Report indicating that this case is appropriate for
compensation under the terms of the Act for a GBS Table injury, and on October 30, 2020, the
Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation.
ECF No. 20; ECF No. 23.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $125,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:19-vv-00935-UNJ Document 31 Filed 02/01/21 Page 4 of 5
II. Form of the Award
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
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 following1: a lump sum payment of $125,000, in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Judson Costlow: $125,000.00
Respectfully submitted,
JEFFREY BOSSERT CLARK
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
DARRYL R. WISHARD
Assistant Director
Torts Branch, Civil Division
1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court
for appropriate relief. In particular, respondent would oppose any award for future lost earnings
and future pain and suffering.

Case 1:19-vv-00935-UNJ Document 31 Filed 02/01/21 Page 5 of 5
s/ Ronalda E. Kosh
RONALDA E. KOSH
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) 616-4476
Email: ronalda.kosh@usdoj.gov
DATED: December 4, 2020