VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01227
Package ID: USCOURTS-cofc-1_19-vv-01227
Petitioner: Donald Smith
Filed: 2020-07-16
Decided: 2020-09-02
Vaccine: influenza
Vaccination date: 2017-09-28
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 471690

AI-assisted case summary:
Bertha Smith filed a petition on behalf of her deceased husband, Donald Smith, alleging that he suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccination received on September 28, 2017. Mr. Smith passed away due to complications of GBS on January 18, 2018. The case was filed on July 16, 2020. Respondent conceded that Mr. Smith's injury met the criteria for GBS on the Vaccine Injury Table, affording a presumption of causation. A ruling on entitlement was issued on July 15, 2020, finding Petitioner entitled to compensation. Subsequently, on July 28, 2020, the parties stipulated to an award of $471,690.55, which included $250,000 for the death benefit, $200,000 for pain and suffering, and $21,690.55 for unreimbursed expenses. A decision awarding damages was issued on September 2, 2020, granting the stipulated award to Bertha Smith as the legal representative of the decedent's estate.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01227-0
Date issued/filed: 2020-08-18
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 07/16/2020) regarding 22 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01227-UNJ Document 28 Filed 08/18/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1227V
UNPUBLISHED
BERTHA SMITH Chief Special Master Corcoran
on behalf of her deceased husband
DONALD SMITH, Filed: July 16, 2020
Petitioner, Special Processing Unit (SPU);
v. Ruling on Entitlement; Concession;
Table Injury; Influenza (Flu) Vaccine;
SECRETARY OF HEALTH AND Guillain-Barre Syndrome (GBS)
HUMAN SERVICES,
Respondent.
Michael Avrim Firestone, Marvin Firestone, MD, JD, and Associates, San Mateo, CA,
for petitioner.
Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On August 16, 2019, Bertha Smith filed a petition on behalf of her deceased
husband, Donald Smith, for compensation under the National Vaccine Injury
Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the “Vaccine Act”). Ms. Smith
alleges that Donald Smith “suffered the ‘Table Injury’ known as Guillain-Barré
Syndrome” as a result of an influenza (“flu”) vaccination received on September 28,
2017, and that Mr. Smith passed away due to complications of GBS on January 18,
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-01227-UNJ Document 28 Filed 08/18/20 Page 2 of 2
2018. Petition at 1. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On July 15, 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, it is Respondent’s position that “petitioner has satisfied the criteria set
forth on the Vaccine Injury Table (‘Table’) and the Qualifications and Aids to
Interpretation (‘QAI’), which afford petitioner a presumption of causation if the onset of
GBS occurs between three and forty-two days after a seasonal flu vaccination and there
is no apparent alternative cause.” Id. at 5.
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-01227-1
Date issued/filed: 2020-09-02
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 07/30/2020) regarding 25 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01227-UNJ Document 29 Filed 09/02/20 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1227V
UNPUBLISHED
BERTHA SMITH Chief Special Master Corcoran
on behalf of her deceased husband
DONALD SMITH, Filed: July 30, 2020
Petitioner, Special Processing Unit (SPU);
v. Damages Decision Based on Proffer;
Influenza (Flu) Vaccine; Guillain-
SECRETARY OF HEALTH AND Barre Syndrome (GBS)
HUMAN SERVICES,
Respondent.
Michael Avrim Firestone, Marvin Firestone, MD, JD and Associates, San Mateo, CA, for
petitioner.
Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On August 16, 2019, Bertha Smith filed a petition on behalf of her deceased
husband, Donald Smith, for compensation under the National Vaccine Injury
Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). Ms. Smith
alleges that Donald Smith “suffered the ‘Table Injury’ known as Guillain-Barré Syndrome”
(GBS) as a result of an influenza vaccination received on September 28, 2017, and that
Mr. Smith passed away due to complications of GBS on January 18, 2018. Petition at 1.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
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-01227-UNJ Document 29 Filed 09/02/20 Page 2 of 4
On July 16, 2020, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for GBS. On July 28, 2020, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $471,690.55, consisting
of “$250,000.00 for the death benefit; $200,000.00 for pain and suffering; and $21,690.55
for unreimbursed expenses.” Proffer at 1-2. 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 $471,690.55, in the form of a check payable to Petitioner, as the
legal representative of the decedent’s estate. 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-01227-UNJ Document 29 Filed 09/02/20 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
BERTHA SMITH, on behalf of her Deceased )
Husband, DONALD SMITH, )
)
Petitioner, ) No. 19-1227V
) Chief Special Master Corcoran
v. ) ECF
)
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
PROFFER ON AWARD OF COMPENSATION
On August 16, 2019, Bertha Smith (“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”), as amended, on behalf of her deceased husband, Donald Smith (“decedent”).
Petitioner alleged that the decedent suffered Guillain-Barré syndrome (“GBS”), a “Table Injury,”
as a result of an influenza (“flu”) vaccine administered to him on September 27, 2017, and that
the decedent passed away due to complications of GBS on January 18, 2018. Petition at 1. On
January 17, 2020, petitioner filed an amended petition to correct the vaccination date to
September 28, 2017.
On July 15, 2020, respondent filed his Rule 4(c) report, conceding that the decedent’s
injury meets the Table criteria for GBS after a flu vaccination, and the following day, the Chief
Special Master ruled that petitioner was entitled to compensation. ECF Nos. 21, 22.
I. Items of Compensation
Based upon the evidence, respondent proffers that petitioner should be awarded a lump
sum of $471,690.55 ($250,000.00 for the death benefit; $200,000.00 for pain and suffering; and

Case 1:19-vv-01227-UNJ Document 29 Filed 09/02/20 Page 4 of 4
$21,690.55 for unreimbursed expenses). This amount represents all elements of compensation to
which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
Respondent recommends that compensation be awarded to petitioner in the amount of
$471,690.55, in the form of a check payable to petitioner, as the legal representative of the
decedent’s estate.1 Petitioner agrees.
Respectfully submitted,
ETHAN P. DAVIS
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
s/ Sarah C. Duncan
SARAH C. DUNCAN
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) 514-9729
Fax: (202) 616-4310
DATED: July 28, 2020
1 Before payment on a judgment can be made in this case, respondent will require petitioner to
provide documentation establishing her appointment as legal representatives of the decedent’s
estate. If petitioner is not authorized by a court of competent jurisdiction to serve as the legal
representative of the decedent’s estate, then such payment on any judgment shall be made to the
party or parties appointed by a court of competent jurisdiction to serve as legal representative of
the decedent’s estate.
2