VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01532
Package ID: USCOURTS-cofc-1_19-vv-01532
Petitioner: Jason Craig Townsend
Filed: 2019-10-02
Decided: 2021-03-01
Vaccine: influenza
Vaccination date: 2016-10-26
Condition: Guillain Barre Syndrome
Outcome: entitlement_granted_pending_damages
Award amount USD: 

AI-assisted case summary:
Jason Craig Townsend filed a petition for compensation under the National Vaccine Injury Compensation Program on October 2, 2019, alleging he suffered Guillain Barre Syndrome (GBS) as a result of receiving a seasonal influenza vaccine on October 26, 2016. Mr. Townsend provided medical records to support his claim. The respondent filed a Rule 4(c) report on February 2, 2021, conceding that Mr. Townsend is entitled to compensation. The respondent stated that Mr. Townsend satisfied the criteria for GBS as set forth in the Vaccine Injury Table and its Qualifications and Aids to Interpretation. Based on the respondent's concession and the evidence, Special Master Thomas L. Gowen ruled that Mr. Townsend is entitled to compensation. This decision was a ruling on entitlement, with damages to be determined at a later date. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or expert witnesses. Petitioner counsel was Nichole G. Booker of Mast Law Firm, and respondent counsel was Lauren Kells of the U.S. Department of Justice.

Theory of causation field:
Petitioner Jason Craig Townsend alleged Guillain Barre Syndrome (GBS) following a seasonal influenza vaccine administered on October 26, 2016. The respondent conceded entitlement, stating that the petitioner satisfied the criteria for GBS as set forth in the Vaccine Injury Table and its Qualifications and Aids to Interpretation. The Special Master, Thomas L. Gowen, ruled entitlement based on the respondent's concession and the evidence of record. The specific mechanism of causation, expert testimony, and detailed medical evidence are not described in the public decision. The decision was issued on March 1, 2021, and was a ruling on entitlement only, with damages pending. Petitioner counsel was Nichole G. Booker, and respondent counsel was Lauren Kells.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01532-0
Date issued/filed: 2021-03-01
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 02/04/2021) regarding 27 Ruling on Entitlement. Signed by Special Master Thomas L. Gowen. (hs) Service on parties made.
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Case 1:19-vv-01532-UNJ Document 29 Filed 03/01/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: February 4, 2021
* * * * * * * * * * * * *
JASON CRAIG TOWNSEND, * Unpublished
*
*
Petitioner, * No. 19-1532V
*
v. * Special Master Gowen
*
SECRETARY OF HEALTH * Ruling on Entitlement; Concession;
AND HUMAN SERVICES, * Influenza (“flu”); Guillain-Barre
* Syndrome (“GBS”).
Respondent. *
* * * * * * * * * * * * *
Nichole G. Booker, Mast Law Firm, Smithfield, NC, for petitioner.
Lauren Kells, U.S. Department of Justice, Washington, D.C., for respondent.
RULING ON ENTITLEMENT1
On October 2, 2019, Jason Craig Townsend (“petitioner”) filed a petition for
compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges that
he suffered Guillain Barre Syndrome (“GBS”) as a result of receiving the seasonal influenza
(“flu”) vaccine on October 26, 2016. Petition at Preamble (ECF No. 1). Petitioner also filed
accompanying medical records to support his petition.
On February 2, 2021, respondent filed the Rule 4(c) report in which he concedes that
petitioner is entitled to compensation in this case. Respondent’s Report (ECF No. 25).
Specifically, respondent states that petitioner has satisfied the criteria for GBS set forth in the
1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this decision contains a
reasoned explanation for the action in this case, I am required to post it on the website of the United States Court of
Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. This means the
decision will be available to anyone with access to the Internet. Before the decision is posted on the court’s
website, each party has 14 days to file a motion requesting redaction “of any information furnished by that party:
(1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that
includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of
privacy.” Vaccine Rule 18(b). “An objecting party must provide the court with a proposed redacted version of the
decision.” Id. If neither party files a motion for redaction within 14 days, the decision will be posted on the
court’s website without any changes. Id.
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine
Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-10 to 34 (2012)
(hereinafter “Vaccine Act” or “the Act”). Hereinafter, individual section references will be to 42 U.S.C. § 300aa of
the Act.

Case 1:19-vv-01532-UNJ Document 29 Filed 03/01/21 Page 2 of 2
revised Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation
(“QAI”).
In light of respondent’s position and the evidence in the record, I find that petitioner is
entitled to compensation.
IT IS SO ORDERED.
s/Thomas L. Gowen
Thomas L. Gowen
Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_19-vv-01532-1
Date issued/filed: 2021-12-02
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 11/3/2021) regarding 33 Decision on Proffer. Signed by Special Master Thomas L. Gowen. (hs) Service on parties made.
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Case 1:19-vv-01532-UNJ Document 34 Filed 12/02/21 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: November 3, 2021
* * * * * * * * * * * * *
JASON CRAIG TOWNSEND, * Unpublished
*
*
Petitioner, * No. 19-1532V
*
v. * Special Master Gowen
*
SECRETARY OF HEALTH * Damages Decision Based on Proffer;
AND HUMAN SERVICES, * Influenza (“flu”); Guillain-Barre
* Syndrome (“GBS”).
Respondent. *
* * * * * * * * * * * * *
Nichole G. Booker, Mast Law Firm, Smithfield, NC, for petitioner.
Lauren Kells, U.S. Department of Justice, Washington, D.C., for respondent.
DECISION AWARDING DAMAGES1
On October 2, 2019, Jason Craig Townsend (“petitioner”) filed a petition for
compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleged
that he suffered Guillain Barre Syndrome (“GBS”) as a result of receiving the seasonal influenza
(“flu”) vaccine on October 26, 2016. Petition at Preamble (ECF No. 1).
On February 4, 2021, a ruling on entitlement was issued, finding petitioner entitled to
compensation for GBS. Ruling on Entitlement (ECF No. 27). On November 2, 2021,
respondent filed a proffer on award of compensation, indicating petitioner should be awarded a
lump sum of $140,953.31, for all damages, including $137,150.00 for pain and suffering;
1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this decision contains a
reasoned explanation for the action in this case, I am required to post it on the website of the United States Court of
Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. This means the
decision will be available to anyone with access to the Internet. Before the decision is posted on the court’s
website, each party has 14 days to file a motion requesting redaction “of any information furnished by that party:
(1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that
includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of
privacy.” Vaccine Rule 18(b). “An objecting party must provide the court with a proposed redacted version of the
decision.” Id. If neither party files a motion for redaction within 14 days, the decision will be posted on the
court’s website without any changes. Id.
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine
Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-10 to 34 (2012)
(hereinafter “Vaccine Act” or “the Act”). Hereinafter, individual section references will be to 42 U.S.C. § 300aa of
the Act.

Case 1:19-vv-01532-UNJ Document 34 Filed 12/02/21 Page 2 of 5
$2,873.07 for out-of-pocket medical and related expenses; and $930.24 for lost wages. Proffer
(ECF No. 32). 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 proofer.
Pursuant to the terms stated in the attached Proffer, I award petitioner a lump sum
payment of $140, 953.31, representing $137,150.00 for pain and suffering; $2873.07 for out-
of-pocket medical and related expenses; and $930.24 in lost wages in the form of a checky
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/Thomas L. Gowen
Thomas L. Gowen
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-01532-UNJ Document 34 Filed 12/02/21 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
JASON CRAIG TOWNSEND, )
)
Petitioner, )
) No. 19-1532V
v. ) Special Master Gowen
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On October 2, 2019, Jason Craig Townsend (“petitioner”) filed a petition for
compensation (“petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C.
§§ 300aa-1 to -34, as amended. He alleges that, as a result of receiving the influenza vaccine on
October 26, 2016, he suffered from Guillain-Barre Syndrome (“GBS”). See Petition at 1. On
February 2, 2021, respondent filed his Vaccine Rule 4(c) report, concluding that petitioner
suffered GBS as defined by the Vaccine Injury Table, within the Table timeframe. See ECF No.
25. On February 4, 2021, Special Master Gowen issued a ruling on entitlement, finding that
petitioner was entitled to compensation for a GBS Table injury. See ECF No. 27.
II. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
a lump sum of $140,953.31, for all damages, including $137,150.00 representative of pain and
1 This Proffer does not include attorneys’ fees and costs, which the parties intend to
address after the Damages Decision is issued.

Case 1:19-vv-01532-UNJ Document 34 Filed 12/02/21 Page 4 of 5
suffering; $2,873.07 representative of out-of-pocket medical and related expenses; and $930.24
representative of lost wages. This amount represents all elements of compensation to which
petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
III. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment, as described below, and requests that the Special Master’s
decision and the Court’s judgment award the following: A lump sum payment of $140,953.31 in
the form of a check payable to petitioner.2 Petitioner agrees.
Respectfully submitted,
BRIAN M. BOYNTON
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
DARRYL R. WISHARD
Assistant Director
Torts Branch, Civil Division
2 Should petitioner die prior to entry of judgment, respondent would oppose any award
for future medical expenses, future lost earnings, and future pain and suffering, and the parties
reserve the right to move the Court for appropriate relief.
2

Case 1:19-vv-01532-UNJ Document 34 Filed 12/02/21 Page 5 of 5
/s/ Lauren Kells
LAUREN KELLS
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) 616-4187
Email: Lauren.Kells@usdoj.gov
DATED: November 2, 2021
3