VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01629
Package ID: USCOURTS-cofc-1_19-vv-01629
Petitioner: James Coward
Filed: 2020-09-15
Decided: 2021-02-10
Vaccine: influenza
Vaccination date: 2017-10-03
Condition: Guillain-Barre syndrome (GBS)
Outcome: compensated
Award amount USD: 139665

AI-assisted case summary:
James Coward filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered Guillain-Barre syndrome (GBS) as a result of influenza and tetanus-diphtheria-acellular pertussis (Tdap) vaccines administered on October 3, 2017. The respondent conceded that Mr. Coward is entitled to compensation, as his condition satisfied the criteria set forth in the Vaccine Injury Table and its Qualifications and Aids to Interpretation. Consequently, a ruling on entitlement was issued on September 15, 2020, finding him eligible for an award. Subsequently, on December 18, 2020, the respondent filed a proffer proposing a total award of $139,665.54, which included $135,000.00 for pain and suffering and $4,665.54 for past unreimbursed expenses. Mr. Coward agreed with this proposed award. The Chief Special Master issued a decision on February 10, 2021, awarding Mr. Coward the stipulated lump sum of $139,665.54, compensating him for all damages available under the Vaccine Act.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01629-0
Date issued/filed: 2020-10-16
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 09/15/2020) regarding 30 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01629-UNJ Document 33 Filed 10/16/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1629V
UNPUBLISHED
JAMES COWARD, Chief Special Master Corcoran
Petitioner, Filed: September 15, 2020
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Table Injury; Influenza (Flu) Vaccine;
Tetanus-Diphtheria-acellular
Respondent. Pertussis Vaccine; Guillain-Barre
Syndrome (GBS)
Simina Vourlis, Law Offices, Columbus, OH, for Petitioner.
Linda Sara Renzi, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On October 21, 2019, James Coward (“petitioner”) 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 a result of an influenza (“flu”) and tetanus-diphtheria-
acellular pertussis (“Tdap”) vaccines administered on October 3, 2017. Petition at 1.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On September 14, 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 states that Petitioner has satisfied the criteria set
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-01629-UNJ Document 33 Filed 10/16/20 Page 2 of 2
forth in the Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation
(“QAI”). 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-01629-1
Date issued/filed: 2021-02-10
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 12/21/2020) regarding 35 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01629-UNJ Document 45 Filed 02/10/21 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1629V
UNPUBLISHED
JAMES COWARD, Chief Special Master Corcoran
Petitioner, Filed: December 21, 2020
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Tetanus Diphtheria acellular
Pertussis (Tdap) Vaccine; Influenza
Respondent. (Flu) Vaccine; Guillain-Barre
Syndrome (GBS)
Simina Vourlis, Law Offices, Columbus OH, for Petitioner.
Linda Sara Renzi, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On October 21, 2019, James Coward 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-Barre syndrome (“GBS”) as a
result of an influenza (“flu”) and tetanus-diphtheria acellular pertussis (“Tdap”) vaccines
administered to him on October 3, 2017. Petition at 1. Petitioner further alleges he
suffered his vaccine related injury for more than six months. Petition at 7. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On September 15, 2020, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for GBS. On December 18, 2020, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded a total of
$139,665.54, consisting of $135,000.00 in pain and suffering and $4,665.54 in past
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-01629-UNJ Document 45 Filed 02/10/21 Page 2 of 5
unreimbursed expenses. Proffer 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 $139,665.54, consisting of $135,000.00 in pain and suffering and
$4,665.54 in past unreimbursed 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-01629-UNJ Document 45 Filed 02/10/21 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
JAMES COWARD, )
)
Petitioner, ) No. 19-1629V
) Chief Special Master
v. ) Brian H. Corcoran
) ECF
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
On September 14, 2020, the Secretary of Health and Human Services
(“respondent”) filed his Rule 4(c) Report conceding that petitioner suffered the Table
injury of GBS following a flu vaccine within the Table time period, and is entitled to
compensation. On September 15, 2020, the Court issued a Ruling on Entitlement finding
petitioner entitled to compensation. ECF 29; ECF 30. Respondent proffers that based on
the evidence of record, petitioner should be awarded $139,665.54 consisting of
$135,000.00 in pain and suffering and $4,665.54 in past unreimbursed expenses. This
amount represents all elements of compensation to which petitioner is entitled under 42
U.S.C. § 300aa-15(a)(1); 15(a)(3)(A); and 15(a)(4). Petitioner agrees.

Case 1:19-vv-01629-UNJ Document 45 Filed 02/10/21 Page 4 of 5
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment as described below, and request that the Chief Special
Master’s decision and the Court’s judgment award the following:1
A lump sum payment of $139,665.54, in the form of a check payable to
petitioner, James Coward. This amount accounts for all elements of
compensation under 42 U.S.C. § 300aa-15(a) to which petitioner is
entitled.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
JEFFERY BOSSERT CLARK
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
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.

Case 1:19-vv-01629-UNJ Document 45 Filed 02/10/21 Page 5 of 5
/s/ Linda S. Renzi
LINDA S. RENZI
Senior Trial Counsel
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel.: (202) 616-4133
Dated: December 18, 2020