VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00428
Package ID: USCOURTS-cofc-1_20-vv-00428
Petitioner: Timothy Brophy
Filed: 2020-12-15
Decided: 2021-02-26
Vaccine: influenza
Vaccination date: 2018-09-17
Condition: Guillain Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 95545

AI-assisted case summary:
Timothy Brophy filed a petition under the National Vaccine Injury Compensation Program on April 14, 2020, alleging he suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine received on September 17, 2018. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Mr. Brophy met the criteria for a Table injury under the revised Vaccine Injury Table and Qualifications and Aids to Interpretation, which afforded him a presumption of causation. On December 15, 2020, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding Mr. Brophy entitled to compensation. Subsequently, on January 8, 2021, the respondent filed a proffer on award of compensation. The public decision, dated February 26, 2021, awarded Mr. Brophy a total of $95,545.83. This award consisted of $90,000.00 for pain and suffering and $5,545.83 for past lost earnings, to be paid as a lump sum check to Mr. Brophy. Petitioner was represented by Jessica E. Choper of Britcher Leone, L.L.C., and respondent was represented by Sarah Christina Duncan of the U.S. Department of Justice. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of injury. The specific date of vaccination was initially stated as October 17, 2018, in the petition, but was later amended to September 17, 2018.

Theory of causation field:
Petitioner Timothy Brophy alleged Guillain-Barre Syndrome (GBS) following an influenza vaccine administered on September 17, 2018. The respondent conceded that petitioner met the criteria for a Table injury under the revised Vaccine Injury Table and Qualifications and Aids to Interpretation, affording a presumption of causation. The Special Master found petitioner entitled to compensation based on this concession. The parties stipulated to an award of $95,545.83, comprising $90,000.00 for pain and suffering and $5,545.83 for past lost earnings. Chief Special Master Brian H. Corcoran issued the ruling on entitlement on December 15, 2020, and the decision awarding damages on February 26, 2021. Petitioner was represented by Jessica E. Choper, and respondent by Sarah Christina Duncan. The public text does not detail the specific mechanism of injury or name any medical experts.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00428-0
Date issued/filed: 2021-02-05
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/15/2020) regarding 27 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00428-UNJ Document 34 Filed 02/05/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0428V
UNPUBLISHED
TIMOTHY BROPHY, Chief Special Master Corcoran
Petitioner, Filed: December 15, 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.
Jessica E. Choper, Britcher Leone, L.L.C., Glen Rock, NJ, for petitioner.
Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On April 14, 2020, Timothy Brophy 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 Barre Syndrome (“GBS”)
as a result of an influenza (“flu”) vaccine received on October 17, 2018. Petition at 1. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On December 14, 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 agrees that “petitioner has satisfied the criteria set
forth in the recently revised Vaccine Injury Table (“Table”) and the Qualifications and Aids
to Interpretation (“QAI”), which afford petitioner a presumption of causation if the onset 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-00428-UNJ Document 34 Filed 02/05/21 Page 2 of 2
GBS occurs between three and forty-two days after a seasonal flu vaccination and there
is 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-00428-1
Date issued/filed: 2021-02-26
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 01/08/2021) regarding 30 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00428-UNJ Document 35 Filed 02/26/21 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0428V
UNPUBLISHED
TIMOTHY BROPHY, Chief Special Master Corcoran
Petitioner, Filed: January 8, 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.
Jessica E. Choper, Britcher Leone, L.L.C., Glen Rock, NJ, for petitioner.
Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On April 14, 2020, Timothy Brophy 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 Barre Syndrome (“GBS”)
as a result of an influenza (“flu”) vaccine received on October 17, 2018. Petition at 1. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On December 15, 2020, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for GBS. On January 8, 2021, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $95,545.83.
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.
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-00428-UNJ Document 35 Filed 02/26/21 Page 2 of 5
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $95,545.83 (representing $90,000.00 for pain and suffering and
$5,545.83 for past lost earnings) 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-00428-UNJ Document 35 Filed 02/26/21 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
TIMOTHY BROPHY, )
)
Petitioner, )
) No. 20-428V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On April 14, 2020, Timothy Brophy (“petitioner”) filed a petition for compensation 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 to him on October 17, 2018.1 Petition at 1.
On July 22, 2020, petitioner amended his petition to correct the vaccination date to September
17, 2018. Amended Petition at 1. On December 14, 2020, the Secretary of Health and Human
Services (“respondent”) filed a Rule 4(c) Report recommending that compensation be awarded,
and the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to
compensation on December 15, 2020. ECF No. 26; ECF No. 27.
1 The petition alternately referred to the vaccination date as October 17, 2018, and September 17,
2018. Petition at 1, 2.

Case 1:20-vv-00428-UNJ Document 35 Filed 02/26/21 Page 4 of 5
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $90,000.00 in actual and projected
pain and suffering. This amount reflects that the award for projected pain and suffering has been
reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
B. Lost Earnings
The parties agree that based upon the evidence of record, petitioner has suffered actual
loss of earnings. Therefore, respondent proffers that petitioner should be awarded actual lost
earnings as provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(3)(A). Respondent
proffers that the appropriate award for petitioner’s lost earnings is $5,545.83. Petitioner agrees.
These amounts represent all elements of compensation to which petitioner is entitled
under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
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 following2: a lump sum payment of $95,545.83, representing
compensation for pain and suffering ($90,000.00) and past lost earnings ($5,545.83), in the form
of a check payable to petitioner, Timothy Brophy.
2 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court
for appropriate relief. In particular, respondent would oppose any award for future lost earnings
and future pain and suffering.
2

Case 1:20-vv-00428-UNJ Document 35 Filed 02/26/21 Page 5 of 5
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Timothy Brophy: $95,545.83
Respectfully submitted,
JEFFREY BOSSERT CLARK
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Acting Deputy Director
Torts Branch, Civil Division
s/ Sarah C. Duncan
SARAH C. DUNCAN
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) 514-9729
Fax: (202) 616-4310
DATED: January 8, 2021
3