VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-02012
Package ID: USCOURTS-cofc-1_19-vv-02012
Petitioner: Thomas Jeffrey Mickles
Filed: 2019-12-31
Decided: 2021-04-01
Vaccine: influenza
Vaccination date: 2018-10-16
Condition: Guillain-Barré Syndrome (GBS)
Outcome: compensated
Award amount USD: 138620

AI-assisted case summary:
Thomas Jeffrey Mickles filed a petition for compensation under the National Vaccine Injury Compensation Program on December 31, 2019, alleging that he suffered Guillain-Barré Syndrome (GBS) caused by the influenza vaccine he received on October 16, 2018. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on October 23, 2020, conceding that Mr. Mickles's injury satisfied the criteria of the Vaccine Injury Table and the Qualifications and Aids to Interpretation, and therefore conceded his entitlement to compensation. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on November 6, 2020, finding Mr. Mickles entitled to compensation. Subsequently, on March 1, 2021, the respondent filed a proffer on award of compensation. The respondent recommended an award of $138,620.00, consisting of $135,000.00 for actual and projected pain and suffering (reduced to net present value) and $3,620.00 for actual unreimbursable expenses. The public decision notes that Mr. Mickles, a competent adult, agreed with the proffered award. Chief Special Master Corcoran issued a decision on March 2, 2021, awarding Mr. Mickles a lump sum payment of $138,620.00, representing the amounts for pain and suffering and unreimbursable expenses. The decision was made based on the proffer and the record as a whole. Petitioner was represented by Nancy Routh Meyers of Turning Point Litigation, and respondent was represented by Jennifer Leigh Reynaud of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of causation beyond its inclusion in the Vaccine Injury Table.

Theory of causation field:
Petitioner Thomas Jeffrey Mickles alleged Guillain-Barré Syndrome (GBS) caused by an influenza vaccine received on October 16, 2018. Respondent conceded that the injury satisfied the criteria of the Vaccine Injury Table and Qualifications and Aids to Interpretation, thus conceding entitlement. A ruling on entitlement was issued on November 6, 2020, by Chief Special Master Brian H. Corcoran. A subsequent decision on March 2, 2021, by Chief Special Master Corcoran awarded $138,620.00, comprising $135,000.00 for pain and suffering and $3,620.00 for unreimbursable expenses, based on a proffer agreed to by both parties. Petitioner was represented by Nancy Routh Meyers, and respondent by Jennifer Leigh Reynaud. The public text indicates the theory of causation is based on the Vaccine Injury Table, but does not detail specific medical experts, clinical findings, or the precise mechanism of injury.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-02012-0
Date issued/filed: 2020-12-09
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/06/2020) regarding 25 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-02012-UNJ Document 27 Filed 12/09/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-2012V
UNPUBLISHED
THOMAS JEFFREY MICKLES, Chief Special Master Corcoran
Petitioner, Filed: November 6, 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.
Nancy Routh Meyers, Turning Point Litigation, Greensboro, NC, for petitioner.
Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On December 31, 2019, Thomas Jeffrey Mickles 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”)
caused by the influenza vaccine he received on October 16, 2018. Petition at 1, ¶¶ 2, 20.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On October 23, 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, ECF No. 24. Specifically, Respondent states “[i]t is [his] position that [P]etitioner has
satisfied the criteria set forth in the Vaccine Injury Table (“Table”) and the Qualifications
and Aids to Interpretation (“QAI”).” Id. at 4.
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-02012-UNJ Document 27 Filed 12/09/20 Page 2 of 2
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-02012-1
Date issued/filed: 2021-04-01
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 03/02/2021) regarding 32 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-02012-UNJ Document 35 Filed 04/01/21 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-2012V
UNPUBLISHED
THOMAS JEFFREY MICKLES, Chief Special Master Corcoran
Petitioner, Filed: March 2, 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.
Nancy Routh Meyers, Turning Point Litigation, Greensboro, NC, for petitioner.
Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On December 31, 2019, Thomas Jeffrey Mickles 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”)
caused by the influenza vaccine he received on October 16, 2018. Petition at 1, ¶¶ 2, 20.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On November 6, 2020, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for GBS. On March 1, 2021, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $138,620.00,
representing $135,000.00 for his actual and projected pain and suffering3 and $3,620.00
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).
3 In the Proffer, Respondent indicates that the award for projected pain and suffering has been reduced to
net present value as required by § 15(a)(4). Proffer at 1.

Case 1:19-vv-02012-UNJ Document 35 Filed 04/01/21 Page 2 of 5
for his actual unreimbursable expenses. Proffer at 1-2. 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 $138,620.00, representing $135,000.00 for his actual and projected
pain and suffering and $3,620.00 for his actual unreimbursable 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.4
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
4 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-02012-UNJ Document 35 Filed 04/01/21 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
THOMAS JEFFREY MICKLES,
Petitioner, No. 19-2012V
v. Chief Special Master Corcoran
ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
PROFFER ON AWARD OF DAMAGES
On December 31, 2019, Thomas Mickles (“petitioner”) filed a petition for compensation
(“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -
34 (“Vaccine Act” or “Act”), as amended. Petitioner alleges that he suffered Guillain-Barré
syndrome (“GBS”) as a result of an influenza (“flu”) vaccine administered on October 16, 2018.
Petition at 1. Respondent conceded that petitioner’s alleged injury satisfies the criteria of the
Vaccine Injury Table, and therefore conceded petitioner’s entitlement to compensation in his
Rule 4(c) Report filed on October 23, 2020. Based on Respondent’s Rule 4(c) Report the Court
found petitioner entitled to compensation.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $135,000.00 in actual and
projected pain and suffering. This amount reflects that any award for projected pain and
suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner
agrees.
1

Case 1:19-vv-02012-UNJ Document 35 Filed 04/01/21 Page 4 of 5
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents his expenditure of past unreimbursable
expenses related to his vaccine-related injury. Respondent proffers that petitioner should be
awarded past unreimbursable expenses in the amount of $3,620.00. Petitioner agrees.
II. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment of $138,620.00, in the form of a check made payable to petitioner.
1 This lump sum payment represents all elements of compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a). 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 the 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-02012-UNJ Document 35 Filed 04/01/21 Page 5 of 5
s/Jennifer L. Reynaud
JENNIFER L. REYNAUD
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) 305-1586
Date: March 1, 2021 Jennifer.L.Reynaud@usdoj.gov
3