VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01098
Package ID: USCOURTS-cofc-1_19-vv-01098
Petitioner: Richard P. Johnson
Filed: 2019-07-30
Decided: 2021-02-23
Vaccine: influenza
Vaccination date: 2016-08-21
Condition: Guillain-Barré Syndrome (GBS)
Outcome: compensated
Award amount USD: 350234

AI-assisted case summary:
Richard P. Johnson filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered Guillain-Barré Syndrome (GBS) after receiving an influenza vaccine on August 21, 2016. The respondent conceded that Mr. Johnson sustained GBS following the flu vaccine within the Table time period and that he is entitled to compensation. A ruling on entitlement was issued on October 2, 2020, finding Mr. Johnson entitled to compensation. Subsequently, on January 7, 2021, the respondent filed a proffer on award of compensation. The proffer indicated that Mr. Johnson should be awarded $350,234.86, which includes $240,000.00 for pain and suffering, $103,234.86 for lost earnings, and $7,000.00 for out-of-pocket expenses. Mr. Johnson, a competent adult, agreed with the proffered award. The decision dated February 23, 2021, awarded Mr. Johnson a lump sum payment of $350,234.86.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01098-0
Date issued/filed: 2020-11-02
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/02/2020) regarding 21 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01098-UNJ Document 24 Filed 11/02/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1098V
UNPUBLISHED
RICHARD P. JOHNSON, Chief Special Master Corcoran
Petitioner, Filed: October 2, 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.
Donald L. Schlapprizzi, St. Louis, MO, for petitioner.
Christine Mary Becer, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On July 30, 2019, Richard P. Johnson 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”) as
defined on the Vaccine Injury Table after receiving an influenza vaccine on August 21,
2016. Petition at 1. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On September 29, 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 “concluded that [P]etitioner suffered GBS following
a flu vaccine within the Table time period.” Id. at 4. Respondent further agrees that “based
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-01098-UNJ Document 24 Filed 11/02/20 Page 2 of 2
on the record as it now stands, compensation is appropriate, as [P]etitioner 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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_19-vv-01098-1
Date issued/filed: 2021-02-23
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 01/07/2021) regarding 28 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01098-UNJ Document 31 Filed 02/23/21 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1098V
UNPUBLISHED
RICHARD P. JOHNSON, Chief Special Master Corcoran
Petitioner, Filed: January 7, 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.
Donald L. Schlapprizzi, St. Louis, MO, for petitioner.
Christine Mary Becer, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On July 30, 2019, Richard P. Johnson 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”) as
defined on the Vaccine Injury Table after receiving an influenza vaccine on August 21,
2016. Petition at 1. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On October 2, 2020, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for his GBS. On January 7, 2021, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $350,234.86,
representing compensation in the amount of $240,000.00 for his pain and suffering,
$103,234.86 for his lost earnings, and $7,000.00 for his out-of-pocket expenses. 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-01098-UNJ Document 31 Filed 02/23/21 Page 2 of 4
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 $350,234.86, representing compensation in the amount of
$240,000.00 for his pain and suffering, $103,234.86 for his lost earnings, and
$7,000.00 for his unreimburseable 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-01098-UNJ Document 31 Filed 02/23/21 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
RICHARD P. JOHNSON, )
)
Petitioner, )
) No. 19-1098V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Procedural History
On September 29, 2020, respondent filed a Vaccine Rule 4(c) report concluding that
petitioner sustained the onset of Guillain-Barré Syndrome within the Table time period following
an influenza vaccine, and therefore sustained an injury that is compensable under the terms of the
National Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C. §§300aa-10 to -
34. Accordingly, on October 2, 2020, the Chief Special Master issued a Ruling on Entitlement,
finding that petitioner was entitled to vaccine compensation for GBS following the influenza
vaccine he received on August 21, 2016.
II. Items of Compensation
Respondent proffers that petitioner should be awarded $240,000.00 for pain and
suffering, $103,234.86 for lost earnings, and $7,000.00 for out-of-pocket expenses.
This represents all elements of compensation to which petitioner is entitled under 42
U.S.C. § 300aa-15(a). Petitioner agrees.

Case 1:19-vv-01098-UNJ Document 31 Filed 02/23/21 Page 4 of 4
III. 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 $350,243.86, in the form of
a check payable to petitioner.
IV. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Richard P. Johnson: $350,243.86
Respectfully submitted,
JEFFREY BOSSERT CLARK
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Acting Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
s/Christine Mary Becer
CHRISTINE MARY BECER
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) 616-3665
DATED: January 7, 2021
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 pain and
suffering.
2