VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01841
Package ID: USCOURTS-cofc-1_19-vv-01841
Petitioner: Robert Bachant
Filed: 2020-11-23
Decided: 2021-07-06
Vaccine: influenza
Vaccination date: 2016-12-22
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 172557

AI-assisted case summary:
Robert Bachant filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered Guillain-Barre Syndrome (GBS) as a result of his influenza vaccination on December 22, 2016. The case was filed on November 23, 2020. The respondent, the Secretary of Health and Human Services, conceded entitlement to compensation, agreeing that Mr. Bachant's condition met the criteria for a Table injury. A ruling on entitlement was issued on November 23, 2020, finding Mr. Bachant entitled to compensation. Subsequently, on June 3, 2021, the parties filed a proffer on award of compensation. The respondent recommended an award of $172,557.37, which included $165,000.00 for pain and suffering and $7,557.37 for unreimbursed medical expenses. Mr. Bachant agreed with this proffered award. The Chief Special Master issued a decision awarding Mr. Bachant the lump sum of $172,557.37 on July 6, 2021, as compensation 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-01841-0
Date issued/filed: 2021-02-01
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/23/2020) 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-01841-UNJ Document 28 Filed 02/01/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1841V
UNPUBLISHED
ROBERT BACHANT, Chief Special Master Corcoran
Petitioner, Filed: November 23, 2020
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.
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
Mark Kim Hellie, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On December 4, 2019, Robert Bachant 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 a table injury of Guillain-Barre
Syndrome (GBS) as a result of his December 22, 2016 influneza (“flu”) vaccination.
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On November 20, 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)
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-01841-UNJ Document 28 Filed 02/01/21 Page 2 of 2
Report at 1. Specifically, Respondent indicates that
Medical personnel at the Division of Injury Compensation Programs,
Department of Health and Human Services (“DICP”), have reviewed the
petition and medical records filed in the case. It is respondent’s position that
petitioner has satisfied the criteria set forth in the Vaccine Injury Table
(“Table”) and the Qualifications and Aids to Interpretation (“QAI”). 42 C.F.R.
§§ 100.3(a)(XIV)(D), 100.3(c)(15).
Id. at 4. Respondent further indicates that “[t]he scope of damages to be awarded is
limited to petitioner’s GBS and its related sequelae only.” Id.
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-01841-1
Date issued/filed: 2021-07-06
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 06/04/2021) regarding 34 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01841-UNJ Document 39 Filed 07/06/21 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1841V
UNPUBLISHED
ROBERT BACHANT, Chief Special Master Corcoran
Petitioner, Filed: June 4, 2021
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Influenza (Flu) Vaccine; Guillain-
Barre Syndrome (GBS)
Respondent.
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
Mark Kim Hellie, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On December 4, 2019, Robert Bachant 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 a table injury of Guillain-Barre
syndrome (“GBS”) as a result of a December 22, 2016 influenza vaccination. Petition at
1. Petitioner further alleges that the vaccine was administered within the United States,
that he suffered the sequelae of his injury for more than six months, and that no party has
received any compensation in the form of an award or settlement for his vaccine-related
injury. Petition at 1, 3. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On November 23, 2020, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for GBS. On June 3, 2021, Respondent filed a proffer on award
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-01841-UNJ Document 39 Filed 07/06/21 Page 2 of 5
of compensation (“Proffer”) indicating Petitioner should be awarded $172,557.37
(comprised of $165,000.00 for pain and suffering, and $7,557.37 for unreimbursed
medical expenses). Proffer at 1. In the Proffer, Respondent represented that Petitioner
agrees with the proffered award. Id. at 2. 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 $172,557.37 (comprised of $165,000.00 for pain and suffering, and
$7,557.37 for unreimbursed medical 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-01841-UNJ Document 39 Filed 07/06/21 Page 3 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
ROBERT BACHANT,
Petitioner,
Case No. 19-1841V (ECF)
v. CHIEF SPECIAL MASTER
CORCORAN
SECRETARY OF HEALTH
AND HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Procedural History
On November 20, 2020, respondent filed a Vaccine Rule 4(c) report concluding
that Robert Bachant (“petitioner”) suffered an injury that is compensable under the
National Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C. §§ 300aa-10 to -
34 (“the Act”). ECF No. 20. Accordingly, on November 23, 2020, the Chief Special
Master issued a Ruling on Entitlement, finding that petitioner was entitled to
compensation under the Act. ECF No. 22.
II. Items of Compensation and Form of the Award
Based upon the evidence of record, respondent proffers that petitioner should be
awarded $172,557.37. The award is comprised of the following: $165,000.00 for pain
and suffering and $7,557.37 for unreimbursed medical expenses. This amount represents
all elements of compensation to which petitioner would be entitled under

Case 1:19-vv-01841-UNJ Document 39 Filed 07/06/21 Page 4 of 5
42 U.S.C. § 300aa-15(a) regarding his December 22, 2016, influenza vaccination.
Petitioner agrees.1
III. Form of the Award
The parties recommend that compensation provided to petitioner should be made
through a lump sum payment of $172,557.37, in the form of a check payable to
petitioner. Petitioner agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this
case.
Respectfully submitted,
BRIAN M. BOYNTON
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Acting 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.
2

Case 1:19-vv-01841-UNJ Document 39 Filed 07/06/21 Page 5 of 5
s/ Mark K. Hellie
MARK K. HELLIE
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Benjamin Franklin Station
Washington, D.C. 20044-0146
T: (202) 616-4208
E: mark.hellie@usdoj.gov
DATED: June 3, 2021
3