VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00582
Package ID: USCOURTS-cofc-1_20-vv-00582
Petitioner: Terry Lee Colver
Filed: 2021-05-11
Decided: 2023-05-30
Vaccine: influenza
Vaccination date: 2017-09-13
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 124500

AI-assisted case summary:
Terry Lee Colver filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered Guillain-Barre Syndrome (GBS) following an influenza vaccine administered on September 13, 2017. The respondent, the Secretary of Health and Human Services, reviewed the case and conceded that Mr. Colver was entitled to compensation. An initial ruling on entitlement was issued on April 12, 2021, confirming his eligibility. Subsequently, on April 20, 2023, the respondent filed a proffer on award of compensation. Mr. Colver, who is a competent adult, agreed with the proposed award. The Chief Special Master issued a decision awarding Mr. Colver a lump sum payment of $124,500.00 for pain and suffering, representing all damages available under the Vaccine Act. The case proceeded as a Table injury claim, and the respondent conceded entitlement based on the medical records.

Theory of causation field:
Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_20-vv-00582-0
Date issued/filed: 2021-05-13
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/12/2021) regarding 34 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:20-vv-00582-UNJ Document 36 Filed 05/13/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-582V
UNPUBLISHED
TERRY LEE COLVER, Chief Special Master Corcoran
Petitioner, Filed: April 12, 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.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner.
Meghan Murphy, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On May 11, 2020, Terry Lee Colver 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 following
the receipt of an influenza vaccine administered on September 13, 2017. Petition at 1.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On April 9, 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 has reviewed the records filed in this case and concluded that
Petitioner is entitled to compensation under the Vaccine Act. Id. at 6.
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-00582-UNJ Document 36 Filed 05/13/21 Page 2 of 2
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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_20-vv-00582-1
Date issued/filed: 2023-05-30
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 04/28/2023) regarding 63 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
--------------------------------------------------------------------------------
Case 1:20-vv-00582-UNJ Document 67 Filed 05/30/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0582V
UNPUBLISHED
TERRY LEE COLVER, Chief Special Master Corcoran
Petitioner, Filed: April 28, 2023
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Influenza (Flu) Vaccine; Guillain-
Barre Syndrome (GBS)
Respondent.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Meghan Murphy, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On May 11, 2020, Terry Lee Colver 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 following the
receipt of an influenza vaccine administered on September 13, 2017. Petition at 1. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On April 12, 2021, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for GBS. On April 20, 2023, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $124,500.00 (consisting
of compensation for pain 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.
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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:20-vv-00582-UNJ Document 67 Filed 05/30/23 Page 2 of 5
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $124,500.00 (consisting of compensation for pain and suffering)
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 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-00582-UNJ Document 67 Filed 05/30/23 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
TERRY LEE COLVER, )
)
Petitioner, )
) No. 20-582V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On May 11, 2020, Terry Lee Colver (“petitioner”) filed a petition for compensation under
the National Childhood Vaccine Injury Act of 1986, as amended (“the Vaccine Act” or “the
Act”), 42 U.S.C. §§ 300aa-1 to -34. Petitioner alleges that he suffered Guillain-Barré Syndrome
(“GBS”) following the receipt of an influenza (“flu”) vaccine administered on September 13,
2017. On April 9, 2021, the Secretary of Health and Human Services (“respondent”) filed a Rule
4(c) Report indicating that this case is appropriate for compensation under the terms of the Act.
ECF No. 33. On April 12, 2021, Chief Special Master Corcoran issued a Ruling on Entitlement
finding petitioner entitled to compensation. ECF No. 34.
I. Item of Compensation
Respondent proffers that petitioner should be awarded $124,500.00, consisting of
compensation for pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). This amount represents
all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a).
Petitioner agrees.1
1 Petitioner acknowledges that the existing evidence in this case does not support a claim

Case 1:20-vv-00582-UNJ Document 67 Filed 05/30/23 Page 4 of 5
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 Chief Special Master Corcoran’s
decision and the Court’s judgment award the following2: a lump sum payment of $124,500.00,
in the form of a check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Terry Lee Colver: $124,500.00
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
DARRYL R. WISHARD
Assistant Director
Torts Branch, Civil Division
for past unreimbursable expenses, and that this proffer on damages does not include
compensation for any previously alleged or claimed past unreimbursed expenses.
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,
unreimbursed expenses, future lost earnings and future pain and suffering.
2

Case 1:20-vv-00582-UNJ Document 67 Filed 05/30/23 Page 5 of 5
/s/ MEGHAN R. MURPHY
Meghan R. Murphy
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) 616-4264
Email: meghan.r.murphy@usdoj.gov
DATED: April 20, 2023
3