VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00887
Package ID: USCOURTS-cofc-1_20-vv-00887
Petitioner: John Timothy Hamilton
Filed: 2021-03-05
Decided: 2022-06-13
Vaccine: influenza
Vaccination date: 2017-09-12
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 408603

AI-assisted case summary:
John Timothy Hamilton filed a petition for compensation under the National Vaccine Injury Compensation Program alleging he suffered Guillain-Barre Syndrome (GBS) as a result of his September 12, 2017 influenza vaccination. The respondent conceded that Mr. Hamilton was entitled to compensation, as his GBS was a Table injury that occurred within the specified timeframe after receiving a seasonal flu vaccination, and there was no apparent alternative cause. The respondent also agreed that Mr. Hamilton experienced residual effects of GBS for more than six months. A ruling on entitlement was issued on March 5, 2021, finding him entitled to compensation. Subsequently, on May 12, 2022, the respondent filed a proffer recommending an award of $408,603.54. This amount included $235,000.00 for pain and suffering, $173,448.76 for lost wages, and $154.78 for unreimbursable out-of-pocket medical expenses. Mr. Hamilton, an adult, agreed with the proffered award. The Chief Special Master issued a decision awarding the full proffered amount as a lump sum payment.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00887-0
Date issued/filed: 2021-04-07
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 03/05/2021) 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-00887-UNJ Document 31 Filed 04/07/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-887V
UNPUBLISHED
JOHN TIMOTHY HAMILTON, Chief Special Master Corcoran
Petitioner, Filed: March 5, 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.
Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On July 22, 2020, John Timothy Hamilton 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 his September 12, 2017 influenza (“flu”) vaccination. Petition at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On February 26, 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 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-00887-UNJ Document 31 Filed 04/07/21 Page 2 of 2
1. Specifically, Respondent indicates that
[b]ased on the medical records outlined above, petitioner has satisfied the
criteria set forth in the revised Vaccine Injury Table and the Qualifications
and Aids to Interpretation, which affords petitioner a presumption of
causation if onset of GBS occurs between three and forty-two days after
receipt of a seasonal flu vaccination and there is no apparent alternative
cause. 42 C.F.R. § 100.3(a)(XIV)(D), (c)(15).
Id. at 8. Respondent further agrees that “the medical records demonstrate that petitioner
has experienced the residual effects of his GBS for more than six months. See 42 U.S.C.
§ 300aa-13(a)(1)(B); 42 U.S.C. § 300aa-11(c)(1)(D)(I). Therefore, based on the case
record as it now stands, petitioner has satisfied all legal prerequisites for compensation
under the Act.” Id. at 8-9.
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-00887-1
Date issued/filed: 2022-06-13
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 05/12/2022) regarding 49 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00887-UNJ Document 54 Filed 06/13/22 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0887V
UNPUBLISHED
JOHN TIMOTHY HAMILTON, Chief Special Master Corcoran
Petitioner, Filed: May 12, 2022
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.
Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On July 22, 2020, John Timothy Hamilton 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 his September 12, 2017 influenza (“flu”) vaccination. Petition at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On March 5, 2021, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for GBS. On May 12, 2022, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $408,603.54,
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-00887-UNJ Document 54 Filed 06/13/22 Page 2 of 4
representing compensation in the amounts of $235,000.00 for pain and suffering,
$173,448.76 for lost wages, and $154.78 for unreimbursable out-of-pocket medical
expenses. 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.
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $408,603.54, representing compensation in the amounts of
$235,000.00 for pain and suffering, $173,448.76 for lost wages, and $154.78 for
unreimbursable 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-00887-UNJ Document 54 Filed 06/13/22 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
JOHN TIMOTHY HAMILTON,
No. 20-887V
Petitioner, ECF
v. Chief Special Master Corcoran
Special Processing Unit (SPU)
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
PROFFER ON AWARD OF COMPENSATION
I. Procedural History
On July 22, 2020, John Timothy Hamilton (“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. Petitioner alleges that as a result of receiving the influenza vaccine on
September 12, 2017, he suffered from Guillain-Barre Syndrome (“GBS”). See Petition at
Preamble. On February 26, 2021, respondent filed his Vaccine Rule 4(c) report, concluding that
petitioner suffered GBS as defined by the Vaccine Injury Table and within the Table timeframe.
ECF No. 26. On March 5, 2021, Chief Special Master Corcoran issued a ruling on entitlement,
finding that petitioner was entitled to compensation for a GBS Table injury. ECF No. 27.
II. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$408,603.54, for all damages, including $235,000.00 for pain and suffering; $173,448.76 for lost
wages; and $154.78 unreimbursable out-of-pocket medical expenses. This amount represents all
elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a).
Petitioner agrees.

Case 1:20-vv-00887-UNJ Document 54 Filed 06/13/22 Page 4 of 4
III. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment, and requests that the Chief Special Master’s decision and the
Court’s judgment award the following:
• a lump sum of $408,603.54 in the form of a check payable to petitioner.1 This
amount represents compensation for all damages that would be available under 42
U.S.C. § 300aa-15(a).
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
TRACI R. PATTON
Assistant Director
Torts Branch, Civil Division
s/ Adriana Teitel
ADRIANA TEITEL
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Benjamin Franklin Station
Washington, DC 20044-0146
Tel: (202) 616-3677
Dated: May 12, 2022 Email: adriana.teitel@usdoj.gov
1Should 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