VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00149
Package ID: USCOURTS-cofc-1_20-vv-00149
Petitioner: Francis E. Sethman, Jr.
Filed: 2021-04-02
Decided: 2021-06-21
Vaccine: influenza
Vaccination date: 2018-09-27
Condition: Guillain-Barré Syndrome (GBS)
Outcome: compensated
Award amount USD: 167600

AI-assisted case summary:
Francis E. Sethman, Jr. filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered Guillain-Barré Syndrome (GBS) as a result of an influenza vaccine administered on September 27, 2018. The respondent conceded that Mr. Sethman was entitled to compensation, agreeing that he suffered a Table injury of GBS following the flu vaccine within the Table time period. The respondent also agreed that there was not a preponderance of medical evidence that his GBS was due to an unrelated factor and that the claim met the statutory severity requirement, as his medical records showed sequelae for more than six months. A ruling on entitlement was issued on April 2, 2021, finding Mr. Sethman entitled to compensation. Subsequently, on May 21, 2021, the respondent filed a proffer on award of compensation, recommending an award of $167,600.00 for pain and suffering, which Mr. Sethman agreed to. The Chief Special Master awarded Mr. Sethman a lump sum payment of $167,600.00.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00149-0
Date issued/filed: 2021-05-05
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/02/2021) regarding 35 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00149-UNJ Document 38 Filed 05/05/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-149V
UNPUBLISHED
FRANCIS E. SETHMAN, JR., Chief Special Master Corcoran
Petitioner, Filed: April 2, 2021
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.
Althea Walker Davis, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On February 13, 2020, Francis Sethman 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 that he suffered Guillain-Barré Syndrome (GBS) as
a result of an influenza (“flu”) vaccine administered on September 27, 2018. Petition at 1.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On March 31, 2021, 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 agrees that Petitioner suffered the Table injury of GBS
following a flu vaccine within the Table time period and that there is not a preponderance
of medical evidence that Petitioner’s GBS was due to a factor unrelated to the vaccination.
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-00149-UNJ Document 38 Filed 05/05/21 Page 2 of 2
Id. at 8-9. Respondent further agrees that the claim also meets the statutory severity
requirement, as Petitioner’s medical records show that he experienced sequela 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-00149-1
Date issued/filed: 2021-06-21
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 05/21/2021) regarding 41 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00149-UNJ Document 46 Filed 06/21/21 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0149V
UNPUBLISHED
FRANCIS E. SETHMAN, JR., Chief Special Master Corcoran
Petitioner, Filed: May 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.
Nancy Routh Meyers, Turning Point Litigation, Greensboro, NC, for petitioner.
Althea Walker Davis, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On February 13, 2020, Francis E. Sethman, Jr. 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 vaccine administered on September 27, 2018. Petition at 1.
Petitioner further alleges that he suffered onset of GBS within the Table time period and
that there is not a preponderance of medical evidence that his GBS was due to a factor
unrelated to the vaccination. Id. at 1-3, 5. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On April 2, 2021, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for GBS. ECF 35. On May 21, 2021, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $167,600.00 for pain
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-00149-UNJ Document 46 Filed 06/21/21 Page 2 of 4
and suffering. 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 $167,600.00 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-00149-UNJ Document 46 Filed 06/21/21 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
FRANCIS E. SETHMAN, JR., )
)
Petitioner, ) No. 20-149V
) Chief Special Master
v. ) Brian Corcoran
) SPU
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT'S PROFFER ON AWARD OF COMPENSATION
On February 13, 2020, Francis E. Sethman (“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. Respondent conceded petitioner’s
entitlement to compensation in his Rule 4(c) Report filed on March 31, 2021. Based on
Respondent’s Rule 4(c) Report, on April 2, 2021, Chief Special Master Corcoran found
petitioner entitled to compensation for his Guillain-Barré Syndrome.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$167,600.00 for pain and suffering. Petitioner does not request any other compensation for his
injury. This represents all elements of compensation to which petitioner would be entitled under
42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment of $167,600.00, in the form of a check made payable to petitioner.

Case 1:20-vv-00149-UNJ Document 46 Filed 06/21/21 Page 4 of 4
1 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
LARA A. ENGLUND
Assistant Director
Torts Branch, Civil Division
s/Althea Walker Davis
ALTHEA WALKER DAVIS
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) 616-0515
Althea.Davis@usdoj.gov
DATED: May 21, 2021
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