VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00971
Package ID: USCOURTS-cofc-1_19-vv-00971
Petitioner: Patrick Potter
Filed: 2019-10-18
Decided: 2021-05-06
Vaccine: influenza
Vaccination date: 2017-09-12
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 115164

AI-assisted case summary:
Patrick Potter filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered Guillain-Barre Syndrome (GBS) as a result of his September 12, 2017, influenza vaccination. The case was assigned to the Special Processing Unit of the Office of Special Masters. On July 17, 2020, Respondent filed a Rule 4(c) report conceding that Petitioner was entitled to compensation, as his condition met the criteria set forth in the Vaccine Injury Table. Consequently, a ruling on entitlement was issued on July 20, 2020, finding Petitioner entitled to compensation. On April 5, 2021, Respondent filed a proffer on award of compensation, proposing an award of $115,164.65, comprised of $115,000.00 for pain and suffering and $164.65 for unreimbursed medical expenses. Petitioner, identified as a competent adult, agreed with the proffered award. The Chief Special Master issued a decision awarding Petitioner the stipulated lump sum payment of $115,164.65.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00971-0
Date issued/filed: 2020-08-25
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 07/20/2020) regarding 32 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00971-UNJ Document 35 Filed 08/25/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-971V
UNPUBLISHED
PATRICK POTTER, Chief Special Master Corcoran
Petitioner, Filed: July 20, 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.
Theodore J. Hong, Maglio Christopher & Toale, PA, Seattle, WA, for petitioner.
Linda Sara Renzi, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On October 18, 2019, Patrick Potter filed an amended 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 as a result of his September 12, 2017
influneza (“flu”) vaccination he suffered Guillain-Barre Syndrome (“GBS”). Petition at 1,
7-8. 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-00971-UNJ Document 35 Filed 08/25/20 Page 2 of 2
On July 17, 2020, Respondent filed his Rule 4(c) report in which he concedes
that Petitioner is entitled to compensation in this case. Respondent’s Rule (c) Report at
1. Specifically, Respondent indicates that
[m]edical personnel at the Division of Injury Compensation Programs,
Department of Health and Human Services (“DICP”), have reviewed the
petition and medical records filed in the case. It is respondent’s position
that petitioner has satisfied the criteria set forth in the Vaccine Injury Table
(“Table”) and the Qualifications and Aids to Interpretation (“QAI”). 42
C.F.R. §§ 100.3(a)(XIV)(D), 100.3(c)(15).
Id. at 6.
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-00971-1
Date issued/filed: 2021-05-06
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 04/06/2021) regarding 47 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00971-UNJ Document 54 Filed 05/06/21 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-971V
UNPUBLISHED
PATRICK POTTER, Chief Special Master Corcoran
Petitioner, Filed: April 6, 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.
Theodore J. Hong, Maglio Christopher & Toale, PA, Seattle, WA, for petitioner.
Mark Kim Hellie, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On October 18, 2019, Patrick Potter 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 as a result of his September 12, 2017 influneza
(“flu”) vaccination he suffered Guillain-Barre Syndrome (“GBS”). Petition at 1, 7-8. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On July 20, 2020, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for GBS. On April 5, 2021, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $115,164.65. The
award is comprised of the following: $115,000.00 for pain and suffering and $164.65 for
unreimbursed medical expenses. Proffer at 1. In the Proffer, Respondent represented
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-00971-UNJ Document 54 Filed 05/06/21 Page 2 of 5
that Petitioner agrees with the proffered award. Id. at 2. 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 $115,164.65 (comprised of the following: $115,000.00 for pain and
suffering and $164.65 for unreimbursed 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

Case 1:19-vv-00971-UNJ Document 54 Filed 05/06/21 Page 3 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
PATRICK POTTER,
Petitioner,
Case No. 19-971V (ECF)
v. CHIEF SPECIAL MASTER
CORCORAN
SECRETARY OF HEALTH
AND HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Procedural History
On July 17, 2020, respondent filed a Vaccine Rule 4(c) report concluding that
Patrick Potter (“petitioner”) suffered an injury that is compensable under the National
Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C. §§ 300aa-10 to -34 (“the
Act”). ECF No. 31. Accordingly, on July 20, 2020, the Chief Special Master issued a
Ruling on Entitlement, finding that petitioner was entitled to compensation under the Act.
ECF No. 32.
II. Items of Compensation and Form of the Award
Based upon the evidence of record, respondent proffers that petitioner should be
awarded $115,164.65. The award is comprised of the following: $115,000.00 for pain
and suffering and $164.65 for unreimbursed medical expenses. This amount represents
all elements of compensation to which petitioner would be entitled under

Case 1:19-vv-00971-UNJ Document 54 Filed 05/06/21 Page 4 of 5
42 U.S.C. § 300aa-15(a) regarding his September 12, 2017, influenza vaccination.
Petitioner agrees.1
III. Form of the Award
The parties recommend that compensation provided to petitioner should be made
through a lump sum payment of $115,164.65, in the form of a check payable to
petitioner. Petitioner agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this
case.
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
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 medical expenses, future lost earnings, and future pain and suffering.
2

Case 1:19-vv-00971-UNJ Document 54 Filed 05/06/21 Page 5 of 5
s/ Mark K. Hellie
MARK K. HELLIE
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Benjamin Franklin Station
Washington, D.C. 20044-0146
T: (202) 616-4208
E: mark.hellie@usdoj.gov
DATED: April 5, 2021
3