VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00177
Package ID: USCOURTS-cofc-1_20-vv-00177
Petitioner: Dustin Gibson
Filed: 2020-02-20
Decided: 2021-05-11
Vaccine: influenza
Vaccination date: 2018-10-04
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 137143

AI-assisted case summary:
Dustin Gibson filed a petition for compensation under the National Vaccine Injury Compensation Program on February 20, 2020, alleging he suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccination received on October 4, 2018. The respondent conceded that Mr. Gibson is entitled to compensation, determining that he suffered the Table injury of GBS following a flu vaccine within the Table time period, and that there was not a preponderance of evidence that his GBS was due to an unrelated factor. The respondent also agreed that Mr. Gibson experienced sequelae of GBS for more than six months. A ruling on entitlement was issued on August 20, 2020, finding Mr. Gibson entitled to compensation. Subsequently, on April 8, 2021, the respondent filed a proffer on award of compensation, recommending an award of $137,143.00 for pain and suffering, which Mr. Gibson agreed to. The decision dated May 11, 2021, awarded Mr. Gibson a lump sum payment of $137,143.00.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00177-0
Date issued/filed: 2020-09-21
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/20/2020) regarding 17 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00177-UNJ Document 21 Filed 09/21/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-177V
UNPUBLISHED
DUSTIN GIBSON, Chief Special Master Corcoran
Petitioner, Filed: August 20, 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.
Leigh Rosser, Muller Brazil, LLP, Dresher, PA, for petitioner.
Darryl R. Wishard, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On February 20, 2020, Dustin Gibson 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 (GBS)
resulting from the adverse effects of an influenza (flu) vaccination he received on October
4, 2018. Petition at 1. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On August 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) Report at
1. Specifically, Respondent determined that Petitioner “suffered the Table injury of GBS
following a flu vaccine within the Table time period, and that there is not a preponderance
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-00177-UNJ Document 21 Filed 09/21/20 Page 2 of 2
of the medical evidence that petitioner’s GBS was due to a factor unrelated to the
vaccination . . . .” and that Petitioner “experienced sequelae of GBS for more than six
months.” Id. at 5. Respondent further agrees that the 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_20-vv-00177-1
Date issued/filed: 2021-05-11
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 04/09/2021) regarding 27 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00177-UNJ Document 31 Filed 05/11/21 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-177V
UNPUBLISHED
DUSTIN GIBSON, Chief Special Master Corcoran
Petitioner, Filed: April 9, 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.
Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for petitioner.
Naseem Kourosh, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On February 20, 2020, Dustin Gibson 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 (GBS) resulting from the
adverse effects of the influenza (flu) vaccination he received on October 4, 2018. Petition
at 1. Petitioner further alleges that he received the vaccination in the United States, his
GBS and sequelae lasted more than six months, and that neither Petitioner nor any other
party has ever filed any action, or received any compensation in the form of an award or
settlement for Petitioner’s vaccine-related injury . Petition at 1, 4. The case was assigned
to the Special Processing Unit of the Office of Special Masters.
On August 20, 2020, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for GBS. On April 8, 2021, Respondent filed a proffer on award of
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-00177-UNJ Document 31 Filed 05/11/21 Page 2 of 4
compensation (“Proffer”) indicating Petitioner should be awarded $137,143.00. Proffer at
2. 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 $137,143.00 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-00177-UNJ Document 31 Filed 05/11/21 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
DUSTIN GIBSON, )
)
Petitioner, )
) No. 20-177 (ECF)
v. ) Chief Special Master Corcoran
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On February 20, 2020, Dustin Gibson (“petitioner”) filed a petition for compensation
under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (2018)
(the “Vaccine Act”). Petitioner alleged that he suffered from Guillain-Barré Syndrome resulting
from an influenza vaccination. ECF No. 1 (Petition) at 1.
On August 20, 2020, respondent filed a report conceding that compensation under the
Vaccine Act is appropriate in this case. ECF No. 16.
On August 20, 2020, the Chief Special Master issued a Ruling on Entitlement, finding
that petitioner is entitled to compensation. ECF No. 17. On the same date, the Chief Special
Master issued a Damages Order. ECF No. 18.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$137,143.00. The award is comprised of the following: $137,143.00 for pain and suffering.
This amount represents all elements of compensation to which petitioner would be entitled under
42 U.S.C. § 300aa-15(a). Petitioner agrees.

Case 1:20-vv-00177-UNJ Document 31 Filed 05/11/21 Page 4 of 4
II. Form of the Award
The parties recommend that compensation provided to petitioner should be made through
a lump sum payment of $137,143.00, 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
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
/s/ Naseem Kourosh
NASEEM KOUROSH
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) 598-0899
E-mail: Naseem.Kourosh@usdoj.gov
DATED: April 8, 2021