VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01105
Package ID: USCOURTS-cofc-1_19-vv-01105
Petitioner: Jeremey Morgan
Filed: 2019-07-30
Decided: 2021-03-02
Vaccine: influenza
Vaccination date: 2018-11-02
Condition: Guillain-Barré syndrome
Outcome: compensated
Award amount USD: 149574

AI-assisted case summary:
Jeremey Morgan filed a petition for compensation under the National Vaccine Injury Compensation Program on July 30, 2019, alleging that he developed Guillain-Barré syndrome (GBS) as a result of the influenza vaccine he received on November 2, 2018. The respondent filed a report on May 26, 2020, conceding that Mr. Morgan was entitled to compensation because he satisfied the criteria for a flu-GBS claim on the Vaccine Injury Table. Special Master Herbrina Sanders issued a Ruling on Entitlement on June 15, 2020, consistent with the respondent's concession, and the matter proceeded to the damages phase. On February 23, 2021, the respondent filed a Proffer on Award of Compensation. Based on the record and the proffer, Special Master Sanders issued a Decision awarding Mr. Morgan $149,574.44. This award included a lump sum payment of $149,574.44, representing compensation for pain and suffering ($149,500.00) and past unreimbursable expenses ($74.44). The decision was posted on the United States Court of Federal Claims’ website. The public decision was reissued on March 2, 2021, to correct the spelling of the petitioner's name. Petitioner was represented by David J. Carney of Green & Schafle, LLC, and Respondent was represented by Dhairya D. Jani of the United States Department of Justice.

Theory of causation field:
Petitioner Jeremey Morgan alleged that the influenza vaccine received on November 2, 2018, caused him to develop Guillain-Barré syndrome (GBS). The respondent conceded entitlement, stating that Petitioner satisfied the criteria set forth in the Vaccine Injury Table and Qualifications and Aids to Interpretation for a flu-GBS claim. The public text does not describe the specific mechanism of causation, expert testimony, or clinical details regarding the onset, symptoms, tests, or treatments. Special Master Herbrina Sanders issued a Ruling on Entitlement on June 15, 2020, based on the respondent's concession. Subsequently, on March 2, 2021, Special Master Sanders issued a Decision awarding Petitioner $149,574.44, consisting of a lump sum for pain and suffering ($149,500.00) and past unreimbursable expenses ($74.44), as stated in the respondent's Proffer on Award of Compensation. Petitioner was represented by David J. Carney (Green & Schafle, LLC), and Respondent was represented by Dhairya D. Jani (United States Department of Justice).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01105-0
Date issued/filed: 2020-08-13
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 6/15/2020) regarding 14 Ruling on Entitlement. Signed by Special Master Herbrina Sanders. (rs) Service on parties made.
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Case 1:19-vv-01105-UNJ Document 18 Filed 08/13/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: June 15, 2020
* * * * * * * * * * * * * * *
JEREMEY MORGAN, * No. 19-1105V
*
Petitioner, * Special Master Sanders
*
v. *
*
SECRETARY OF HEALTH * Ruling on Entitlement; Conceded;
AND HUMAN SERVICES, * Influenza (“flu”) Vaccine; Guillain-Barré
* Syndrome (“GBS”)
Respondent. *
* * * * * * * * * * * * * * *
David J. Carney, Green & Schafle, LLC, Philadelphia, PA, for Petitioner.
Dhairya D. Jani, United States Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On July 30, 2019, Jeremy Morgan (“Petitioner”) filed a petition for compensation under
the National Vaccine Injury Compensation Program (“the Program”). Pet. at 1, ECF No. 1; 42
U.S.C. § 300aa-10 to -34 (2012). Petitioner alleges that he developed Guillain-Barré syndrome
(“GBS”) as a result of the influenza (“flu”) vaccine he received on November 2, 2018. Pet. at 1.
On May 26, 2020, Respondent file a report pursuant to Vaccine Rule 4(c) in which he
concedes that Petitioner is entitled to compensation in this case. Resp’t’s Report at 5, ECF No.
13. Specifically, Respondent wrote that it is his “position that [P]etitioner has satisfied the criteria
set forth in the Vaccine Injury Table and Qualifications and Aids to Interpretation[]” for a flu-GBS
claim. Id. (citing 42 C.F.R. §§ 100.3(a)(XIV)(D), 100.3(c)(15)).
1 This decision shall be posted 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), a party has 14 days to identify and move to delete
medical or other information that satisfies the criteria in § 300aa-12(d)(4)(B). Further, consistent with the
rule requirement, a motion for redaction must include a proposed redacted decision. If, upon review, I agree
that the identified material fits within the requirements of that provision, such material will be deleted from
public access.

Case 1:19-vv-01105-UNJ Document 18 Filed 08/13/20 Page 2 of 2
A special master may determine whether a petitioner is entitled to compensation based
upon the record. A hearing is not required. § 300aa-13; Vaccine Rule 8(d). In light of Respondent's
concession and my review of the record, I find that Petitioner is entitled to compensation. This
matter shall now proceed to the damages phase.
IT IS SO ORDERED.
s/Herbrina D. Sanders
Herbrina D. Sanders
Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_19-vv-01105-1
Date issued/filed: 2021-03-02
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 02/24/2021) regarding 27 DECISION: Stipulation/Proffer. Signed by Special Master Herbrina Sanders. (arm) Service on parties made. (Main Document 32 replaced on 7/16/2021 to correct the spelling of petitioner's name.) (dls).
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Case 1:19-vv-01105-UNJ Document 32 Filed 03/02/21 Page 1 of 2
Corrected
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: February 24, 2021
* * * * * * * * * * * * * *
JEREMEY MORGAN, *
*
Petitioner, * No. 19-1105V
* Special Master Sanders
v. *
* Decision on Proffer; Damages; Influenza
SECRETARY OF HEALTH * (“Flu”) Vaccine; Guillain-Barré
AND HUMAN SERVICES, * Syndrome (“GBS”)
*
Respondent. *
* * * * * * * * * * * * * *
David J. Carney, Green & Schafle, LLC, Philadelphia, PA, for Petitioner.
Dhairya D. Jani, United States Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On July 30, 2019, Jeremy Morgan (“Petitioner”) filed a petition for compensation pursuant
to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-10 to -34 (2012).
Petitioner alleged that the influenza vaccine he received on November 2, 2018, caused him to
develop Guillain-Barré Syndrome (“GBS”). Pet. at 1, ECF No. 1. Petitioner further alleged that he
experienced the residual effects of his injury for more than six months. Id. at 8.
On May 26, 2020, Respondent filed a Rule 4(c) report, in which he stated that he would
not contest entitlement in this matter. ECF No. 13. On June 15, 2020, the undersigned issued a
Ruling on Entitlement consistent with Respondent’s Rule 4(c) report. ECF No. 14.
On February 23, 2021, Respondent filed a Proffer on Award of Compensation (“Proffer”).
ECF No. 26. Based on the record as a whole, the undersigned finds that Petitioner is entitled to an
award as stated in the Proffer.
1 This Decision shall be posted 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). In accordance with Vaccine Rule 18(b), a party has 14 days to identify
and move to delete medical or other information that satisfies the criteria in § 300aa-12(d)(4)(B). Further,
consistent with the rule requirement, a motion for redaction must include a proposed redacted Decision. If,
upon review, the undersigned agrees that the identified material fits within the requirements of that
provision, such material will be deleted from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub L. No. 99-660, 100 Stat. 3755.
1

Case 1:19-vv-01105-UNJ Document 32 Filed 03/02/21 Page 2 of 2
Pursuant to the terms stated in the Proffer, attached as Appendix A, the undersigned hereby
awards Petitioner:
A. A lump sum payment of $149,574.44, representing compensation for pain
and suffering ($149,500.00), and past unreimbursable expenses ($74.44), in
the form of a check payable to [P]etitioner.
Proffer at 1–2.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
court SHALL ENTER JUDGMENT herewith.3
IT IS SO ORDERED.
s/Herbrina D. Sanders
Herbrina D. Sanders
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of a notice
renouncing the right to seek review.
2