VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00334
Package ID: USCOURTS-cofc-1_20-vv-00334
Petitioner: Donald Herr
Filed: 2020-03-25
Decided: 2021-09-16
Vaccine: influenza
Vaccination date: 2018-09-13
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 137675

AI-assisted case summary:
Donald Herr filed a petition under the National Vaccine Injury Compensation Program on March 25, 2020, alleging that he suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccination received on September 13, 2018. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Mr. Herr suffered from GBS and that it qualified as a Table injury. This afforded Mr. Herr a presumption of vaccine causation, provided that the onset of GBS occurred between three and forty-two days after the vaccination, there was no more likely alternative diagnosis, and no apparent alternative cause. On January 28, 2021, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding Mr. Herr entitled to compensation based on the respondent's concession and the evidence of record. Subsequently, on August 16, 2021, the respondent filed a proffer on the award of compensation. Mr. Herr agreed with the proffered award. On September 16, 2021, Chief Special Master Corcoran issued a decision awarding Donald Herr a lump sum payment of $137,675.38. This award included $137,000.00 for pain and suffering and $675.38 for out-of-pocket medical and related expenses. The petition was filed by Theodore J. Hong of Maglio Christopher & Toale, PA, and the respondent was represented by Ida Nassar of the U.S. Department of Justice. The public decision does not describe the specific onset date, symptoms, diagnostic tests, treatments, or the medical expert witnesses involved in this case.

Theory of causation field:
Donald Herr filed a petition alleging GBS following an influenza vaccination on September 13, 2018. The respondent conceded that Petitioner suffered from GBS and satisfied the criteria for a Table injury, which provides a presumption of vaccine causation if onset occurs between three and forty-two days post-vaccination, with no more likely alternative diagnosis or apparent alternative cause. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on January 28, 2021, finding Petitioner entitled to compensation. A subsequent decision on September 16, 2021, awarded Petitioner a lump sum of $137,675.38, comprising $137,000.00 for pain and suffering and $675.38 for out-of-pocket medical expenses, based on a proffer agreed to by both parties. Petitioner was represented by Theodore J. Hong, and Respondent by Ida Nassar. The specific mechanism of causation, onset details, medical evidence, and expert testimony are not detailed in the provided public text.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00334-0
Date issued/filed: 2021-03-04
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/28/2021) regarding 32 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00334-UNJ Document 35 Filed 03/04/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0334V
UNPUBLISHED
DONALD HERR, Chief Special Master Corcoran
Petitioner, Filed: January 28, 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.
Theodore J. Hong, Maglio Christopher & Toale, PA, Seattle, WA, for petitioner.
Ida Nassar, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On March 25, 2020, Donald Herr 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”) as a
result of a September 13, 2018 influenza (“flu”) vaccination. Petition at 1-5. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On January 28, 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 from GBS, and that he has
satisfied the criteria set forth in the revised Vaccine Injury Table (Table) and the
Qualifications and Aids to Interpretation (“QAI”), which afford him a presumption of
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-00334-UNJ Document 35 Filed 03/04/21 Page 2 of 2
vaccine causation if the onset of GBS occurs between three and forty-two days after a
seasonal flu vaccination and there is no more likely alternative diagnosis and no apparent
alternative cause.” Id. at 6.
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-00334-1
Date issued/filed: 2021-09-16
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 08/17/2021) regarding 42 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00334-UNJ Document 48 Filed 09/16/21 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0334V
UNPUBLISHED
DONALD HERR, Chief Special Master Corcoran
Petitioner, Filed: August 17, 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.
Theodore J. Hong, Maglio, Christopher & Toale PA, Seattle, WA, for Petitioner.
Ida Nassar, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On March 25, 2020, Donald Herr 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”) as a
result of a September 13, 2018 influenza (“flu”) vaccination. Petition at 1-5. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On January 28, 2021, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for GBS. On August 16, 2021, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $137,675.38 (including
$137,000.00 representative of pain and suffering, and $675.38 representative of out-of-
pocket medical and related expenses). Proffer at 1-2. In the Proffer, Respondent
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-00334-UNJ Document 48 Filed 09/16/21 Page 2 of 5
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 $137,675.38 (including $137,000.00 representative of pain and
suffering, and $675.38 representative of out-of-pocket medical and related
expenses) in the form of a check payable to Petitioner. This amount represents
compensation for all damages that would be available under Section 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-00334-UNJ Document 48 Filed 09/16/21 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
DONALD HERR,
Petitioner,
v. No. 20-334V
Chief Special Master Corcoran
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On March 25, 2020, Donald Herr (“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 the influenza vaccine on September 13,
2018, he suffered from Guillain-Barre Syndrome (GBS). See Petition. On January 28, 2021,
respondent filed his Vaccine Rule 4(c) report, concluding that petitioner suffered GBS as defined
by the Vaccine Injury Table, within the Table timeframe. ECF No. 30. On the same day, Chief
Special Master Corcoran issued a ruling on entitlement, finding that petitioner was entitled to
compensation for a GBS Table injury. ECF No. 32.
II. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
a lump sum of $137,675.38 for all damages, including $137,000.00 representative of pain and
1 This Proffer does not include attorneys’ fees and costs, which the parties intend to address after
the Damages Decision is issued.

Case 1:20-vv-00334-UNJ Document 48 Filed 09/16/21 Page 4 of 5
suffering, and $675.38 representative of out-of-pocket medical and related expenses. This
amount represents all elements of compensation to which petitioner is entitled under 42 U.S.C. §
300aa-15(a). Petitioner agrees.
III. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment, as described below, and requests that the Chief Special Master’s
decision and the Court’s judgment award the following: A lump sum payment of $137,675.38 in
the form of a check payable to petitioner.2 Petitioner agrees.
Respectfully submitted,
BRIAN M. BOYNTON
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
2 Should 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

Case 1:20-vv-00334-UNJ Document 48 Filed 09/16/21 Page 5 of 5
/s/ Ida Nassar
IDA NASSAR
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) 616-4186
E-mail: ida.nassar@usdoj.gov
Date: August 16, 2021
3