VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01646
Package ID: USCOURTS-cofc-1_19-vv-01646
Petitioner: Robert LaBianco
Filed: 2022-02-07
Decided: 2022-12-27
Vaccine: influenza
Vaccination date: 2018-11-15
Condition: Guillain-Barre Syndrome
Outcome: compensated
Award amount USD: 154232

AI-assisted case summary:
Robert LaBianco filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine he received on November 15, 2018. The petition stated that his residual effects continued for more than six months. The case was assigned to the Special Processing Unit. Respondent filed a Rule 4(c) report conceding that Petitioner is entitled to compensation, agreeing that his condition met the criteria set forth in the Vaccine Injury Table and its Qualifications and Aids to Interpretation. Based on this concession and the evidence, a ruling on entitlement was issued finding Petitioner entitled to compensation. Subsequently, Respondent filed a proffer on the award of compensation, recommending an award of $154,232.00. This amount included $91,152.00 for pain and suffering and $63,080.00 for past and future lost wages, with the future wage component adjusted to net present value. Petitioner agreed with the proffered award. The Chief Special Master issued a decision awarding Petitioner the lump sum of $154,232.00, payable to him as a competent adult.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01646-0
Date issued/filed: 2022-03-09
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 02/07/2022) regarding 40 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01646-UNJ Document 42 Filed 03/09/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1646V
UNPUBLISHED
ROBERT LABIANCO, Chief Special Master Corcoran
Petitioner, Filed: February 7, 2022
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.
Gary Alvin Bryant, Willcox & Savage, P.C., Norfolk, VA, for Petitioner.
Austin Joel Egan, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On October 23, 2019, Robert LaBianco 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 as a result of
an influenza vaccine received on November 15, 2018. Petition at 1. Petitioner further
alleges that residual effects of his injury continued for more than six months and he has
not received compensation in the form of an award or settlement and has not filed a civil
action for his injuries. Petition at ¶¶ 6, 8. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On February 4, 2022, 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 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C.
§ 300aa (2012).

Case 1:19-vv-01646-UNJ Document 42 Filed 03/09/22 Page 2 of 2
1. Specifically, Respondent agrees that “petitioner has satisfied the criteria set forth in the
Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation (“QAI”).”
Id. at 6.
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-01646-1
Date issued/filed: 2022-12-27
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 11/23/2022) regarding 54 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made.
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Case 1:19-vv-01646-UNJ Document 56 Filed 12/27/22 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1646V
UNPUBLISHED
ROBERT LABIANCO, Chief Special Master Corcoran
Petitioner, Filed: November 23, 2022
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Influenza (Flu) Vaccine; Guillain-
Barre Syndrome (GBS)
Respondent.
Gary Alvin Bryant, Willcox & Savage, P.C., Norfolk, VA, for Petitioner.
Austin Joel Egan, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On October 23, 2019, Robert LaBianco 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 as a result of
an influenza vaccine received on November 15, 2018. Petition at 1. Petitioner further
alleges that residual effects of his injury continued for more than six months and he has
not received compensation in the form of an award or settlement and has not filed a civil
action for his injuries. Petition at ¶¶ 6, 8. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On February 7, 2022, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for GBS. On November 23, 2022, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $154,232.00. 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C.
§300aa (2012).

Case 1:19-vv-01646-UNJ Document 56 Filed 12/27/22 Page 2 of 5
at 1-2. The proffer states that this amount includes $91,152.00 in pain and suffering and
$63,080.00 in past and future lost wages, with the future wage component having been
adjusted to net present value in accordance with Section 15(f)(4)(A) of the Vaccine Act.
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 $154,232.00 (comprised of $91,152.00 in pain and suffering and
$63,080.00 in past and future lost wages, with the future portion adjusted to net
present value) in the form of a check payable to Petitioner. This amount represents
compensation for all damages that would be available under Section 15(a).
The Clerk of 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-01646-UNJ Document 56 Filed 12/27/22 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
ROBERT LABIANCO, )
)
Petitioner, )
) No. 19-1646V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On October 23, 2019, Robert LaBianco (“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”), alleging that he suffered from Guillain-Barré Syndrome (“GBS”)
following administration of an influenza (“flu”) vaccine he received on November 15, 2018.
Petition at 1. On February 4, 2022, the Secretary of Health and Human Services (“respondent”)
filed a Rule 4(c) Report indicating that this case is appropriate for compensation under the terms
of the Act for a GBS Table injury, and on February 7, 2022, the Chief Special Master issued a
Ruling on Entitlement finding petitioner entitled to compensation. ECF Nos. 39-40.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $91,152.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
B. Lost Wages
Evidence supplied by petitioner documents that he incurred past and future lost wages
related to his vaccine-related injury. Respondent proffers that petitioner should be awarded past

Case 1:19-vv-01646-UNJ Document 56 Filed 12/27/22 Page 4 of 5
and future lost wages in the amount of $63,080.00. See 42 U.S.C. § 300aa-15(a)(3)(A).
Petitioner agrees. The future wages component of this amount is adjusted to net present value in
accordance with 42 U.S.C. § 300aa-15(f)(4)(A). Petitioner agrees.
These amounts represent all elements of compensation to which petitioner is entitled
under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. 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 $154,232.00, in the form of
a check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Robert LaBianco: $154,232.00
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy 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 unreimbursed
expenses, future lost earnings, and future pain and suffering.
2

Case 1:19-vv-01646-UNJ Document 56 Filed 12/27/22 Page 5 of 5
TRACI R. PATTON
Assistant Director
Torts Branch, Civil Division
/s/ AUSTIN J. EGAN
Austin J. Egan
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Ben Franklin Station
Washington, DC 20044-0146
Tel: (202) 451-7479
Austin.J.Egan@usdoj.gov
Date: November 23, 2022
3