VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00693
Package ID: USCOURTS-cofc-1_20-vv-00693
Petitioner: Michael Keller
Filed: 2021-01-13
Decided: 2022-05-04
Vaccine: influenza
Vaccination date: 2017-10-11
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 247813

AI-assisted case summary:
Michael Keller filed a petition for compensation under the National Vaccine Injury Compensation Program on June 9, 2020, alleging that he suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine administered on October 11, 2017. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on January 8, 2021, conceding that Mr. Keller is entitled to compensation. The respondent concluded that Mr. Keller satisfied the criteria for GBS as a Table injury. On January 13, 2021, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding Mr. Keller eligible for compensation. Subsequently, on March 25, 2022, the respondent filed a proffer on an award of compensation, which Mr. Keller agreed to. Chief Special Master Corcoran issued a decision on May 4, 2022, awarding Mr. Keller a total of $247,813.38. This award consisted of $240,000.00 for pain and suffering and $7,813.38 for past unreimbursable expenses. The award represents compensation for all damages available under the program. Petitioner counsel was Anne Carrion Toale of Maglio Christopher & Toale, PA. Respondent counsel was Mary Eileen Holmes of the U.S. Department of Justice.

Theory of causation field:
Michael Keller filed a petition alleging Guillain-Barre Syndrome (GBS) following an influenza vaccine administered on October 11, 2017. The respondent conceded entitlement, finding that the GBS qualified as a Table injury. The public decision does not describe the specific mechanism of causation, onset, symptoms, tests, or treatments. Petitioner counsel was Anne Carrion Toale. Respondent counsel was Mary Eileen Holmes. Chief Special Master Brian H. Corcoran issued the ruling on entitlement on January 13, 2021, and the decision awarding damages on May 4, 2022. The award totaled $247,813.38, comprising $240,000.00 for pain and suffering and $7,813.38 for past unreimbursable expenses.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_20-vv-00693-0
Date issued/filed: 2021-03-01
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/13/2021) regarding 20 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:20-vv-00693-UNJ Document 28 Filed 03/01/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-693V
UNPUBLISHED
MICHAEL KELLER, Chief Special Master Corcoran
Petitioner, Filed: January 13, 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.
Anne Carrion Toale, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner.
Lynn Christina Schlie, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On June 9, 2020, Michael Keller 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 an influenza (“flu”) vaccine administered on October 11, 2017. Petition at 1. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On January 8, 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 concludes that Petitioner has satisfied the criteria set forth in
the Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation (“QAI”)
for GBS. Id. at 7.
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-00693-UNJ Document 28 Filed 03/01/21 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-00693-1
Date issued/filed: 2022-05-04
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 03/25/2022) regarding 48 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:20-vv-00693-UNJ Document 52 Filed 05/04/22 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0693V
UNPUBLISHED
MICHAEL KELLER, Chief Special Master Corcoran
Petitioner,
v. Filed: March 25, 2022
SECRETARY OF HEALTH AND Special Processing Unit (SPU);
HUMAN SERVICES, Damages Decision based on Proffer;
Influenza (Flu); Guillain-Barré
Respondent. Syndrome (GBS).
Anne Carrion Toale, Maglio Christopher & Toale, PA, Sarasota, FL, for Petitioner.
Mary Eileen Holmes, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On June 9, 2020, Michael Keller 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 (“flu”) vaccine administered on October 11, 2017. Petition at 1. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On January 13, 2021, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for a Table GBS injury. On March 25, 2022, Respondent filed a proffer
on an award of compensation (“Proffer”). In the Proffer, Respondent represented that
Petitioner agrees with the proffered award. 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-00693-UNJ Document 52 Filed 05/04/22 Page 2 of 5
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $247,813.38 (representing $240,000.00 for pain and suffering, and
$7,813.38 for past unreimbursed 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 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-00693-UNJ Document 52 Filed 05/04/22 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
MICHAEL KELLER, )
)
Petitioner, )
) No. 20-693V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On June 9, 2020, Michael Keller (“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”), alleging that he suffered Guillain-Barré Syndrome (“GBS”) as a result of an influenza
(“flu”) vaccine administered to him on October 11, 2017. Petition at 1. On January 8, 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 for a GBS Table injury
occurring within the Table timeframe. ECF No. 18. On January 13, 2021, the Chief Special
Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 20.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $240,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:20-vv-00693-UNJ Document 52 Filed 05/04/22 Page 4 of 5
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that he incurred past unreimbursable expenses
related to his vaccine-related injury. Respondent proffers that petitioner should be awarded past
unreimbursable expenses in the amount of $7,813.38. See 42 U.S.C. § 300aa-15(a)(1)(B).
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 following1: a lump sum payment of $247,813.38, in the form of
a check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Michael Keller: $247,813.38
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
1 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-00693-UNJ Document 52 Filed 05/04/22 Page 5 of 5
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
/s/Mary E. Holmes
MARY E. HOLMES
Trial Attorney
Torts Branch, Civil Division
U. S. Department of Justice
P.O. Box l46, Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 616-5022
Mary.E.Holmes@usdoj.gov
DATED: March 25, 2022
3