VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00128
Package ID: USCOURTS-cofc-1_20-vv-00128
Petitioner: Michael Cook
Filed: 2020-11-03
Decided: 2021-07-21
Vaccine: influenza
Vaccination date: 2018-11-07
Condition: Guillain-Barre syndrome (GBS)
Outcome: compensated
Award amount USD: 163682

AI-assisted case summary:
Michael Cook filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered from Guillain-Barré syndrome (GBS) as a result of an influenza vaccine administered on November 7, 2018. The respondent conceded that Mr. Cook is entitled to compensation, as he met the criteria for a Table injury with onset of GBS between three and forty-two days after the flu vaccination, with no apparent alternative cause. The respondent also agreed that Mr. Cook experienced residual effects of his GBS for more than six months. Based on the respondent's concession and the evidence of record, the court found Mr. Cook entitled to compensation. Subsequently, the parties submitted a proffer on award of compensation. The respondent proffered that Mr. Cook should be awarded $163,682.50, comprising $160,000.00 for pain and suffering and $3,682.50 for past unreimbursed medical expenses. Mr. Cook agreed with this proffered award. The court accepted the proffer and awarded Mr. Cook a lump sum payment of $163,682.50.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00128-0
Date issued/filed: 2020-12-03
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/03/2020) regarding 21 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00128-UNJ Document 24 Filed 12/03/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-128V
UNPUBLISHED
MICHAEL COOK, Chief Special Master Corcoran
Petitioner, Filed: November 3, 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.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
petitioner.
Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On February 4, 2020, Michael Cook 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 from Guillain-Barré syndrome (“GBS”)
as a result of an influenza (“flu”) vaccine administered on November 7, 2018. Petition at
1. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On October 30, 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 “[P]etitioner has satisfied the criteria in the revised
Vaccine Injury Table and the Qualifications and Aids to Interpretation, which affords
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 1:20-vv-00128-UNJ Document 24 Filed 12/03/20 Page 2 of 2
[P]etitioner a presumption of causation if onset of GBS occurs between three and forty-
two days after receipt of a seasonal flu vaccination and there is no apparent alternative
cause.” Id. at 7. Respondent further agrees that Petitioner experienced the residual
effects of his GBS for more than six months. 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_20-vv-00128-1
Date issued/filed: 2021-07-21
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 06/21/2021) regarding 31 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00128-UNJ Document 35 Filed 07/21/21 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0128V
UNPUBLISHED
MICHAEL COOK, Chief Special Master Corcoran
Petitioner, Filed: June 21, 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.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On February 4, 2020, Michael Cook 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 from Guillain-Barré syndrome (“GBS”)
as a result of an influenza (“flu”) vaccine that was administered to him on November 7,
2018. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On November 3, 2020, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for GBS. On June 21, 2021, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $163,682.50
(comprised of $160,000.00 for pain and suffering and $3,682.50 for past unreimbursed
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 1:20-vv-00128-UNJ Document 35 Filed 07/21/21 Page 2 of 4
medical 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 $163,682.50 (comprised of $160,000.00 for pain and suffering and
$3,682.50 for past 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 1:20-vv-00128-UNJ Document 35 Filed 07/21/21 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
MICHAEL COOK,
Petitioner,
v. No. 20-128V
Chief Special Master Corcoran (SPU)
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
PROFFER ON AWARD OF COMPENSATION
I. Procedural History
On February 4, 2020, Michael Cook (“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 an influenza on November 7, 2018, he
suffered from Guillain-Barre Syndrome (“GBS”). See Petition at 1. On October 30, 2020,
respondent filed his Vaccine Rule 4(c) report, concluding that petitioner suffered GBS as defined
by the Vaccine Injury Table, within the Table timeframe, and on November 3, 2020, the Ruling
on Entitlement was issued, finding that petitioner was entitled to compensation for a GBS Table
injury. ECF No. 20; ECF No. 21.
II. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
a lump sum of $163,682.50, for all damages, including $160,000.00 representative of pain and
suffering and $3,682.50 for petitioner’s past unreimbursed medical expenses. Petitioner agrees.
This amount ($163,682.50) represents all elements of compensation to which petitioner is
entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.

Case 1:20-vv-00128-UNJ Document 35 Filed 07/21/21 Page 4 of 4
III. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment, and requests that the Chief Special Master’s decision and the
Court’s judgment award the following: a lump sum of $163,682.50 in the form of a check
payable to petitioner. 1
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
LARA A. ENGLUND
Assistant Director
Torts Branch, Civil Division
s/ Adriana Teitel
ADRIANA TEITEL
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Benjamin Franklin Station
Washington, DC 20044-0146
Tel: (202) 616-3677
Email: adriana.teitel@usdoj.gov
Dated: June 21, 2021
1Should 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