VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00902
Package ID: USCOURTS-cofc-1_20-vv-00902
Petitioner: James Harkins
Filed: 2020-07-24
Decided: 2022-03-03
Vaccine: influenza
Vaccination date: 2019-09-17
Condition: Guillain Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 120142.02

AI-assisted case summary:
James Harkins filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered Guillain-Barré Syndrome (GBS) as a result of an influenza vaccine he received on September 17, 2019. The case was assigned to the Special Processing Unit. Respondent filed a Rule 4(c) report conceding that Petitioner was entitled to compensation, agreeing that the injury met the criteria set forth in the Vaccine Injury Table and its accompanying interpretations, with onset between three and forty-two days after vaccination and no apparent alternative cause. Based on this concession, a ruling on entitlement was issued finding Petitioner entitled to compensation. Subsequently, Respondent filed a proffer on award of compensation, indicating that Petitioner should be awarded $100,963.39 for pain and suffering and out-of-pocket medical expenses, and an additional $19,178.63 to satisfy a State of Montana Medicaid lien. The decision awarded these amounts, totaling $120,142.02, as compensation for all damages available under the Vaccine Act. Petitioner is described as a competent adult.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00902-0
Date issued/filed: 2021-09-28
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/24/2021) regarding 30 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00902-UNJ Document 32 Filed 09/28/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0902V
UNPUBLISHED
JAMES HARKINS, Chief Special Master Corcoran
Petitioner, Filed: August 24, 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.
Terance Patrick Perry, Datsopoulos, McDonald & Lind, P.C. Missoula, MT, for
Petitioner.
Lynn Christina Schlie, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On July 24, 2020, James Harkins 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”)
resulting from an influenza (“flu”) vaccine received on September 17, 2019. Petition at 1.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On August 23, 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 has satisfied the criteria set forth in the
Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation (“QAI”),
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-00902-UNJ Document 32 Filed 09/28/21 Page 2 of 2
which afford petitioner a presumption of causation if the onset of GBS occurs between
three and forty-two days after a seasonal flu vaccination and there is no apparent
alternative cause.” Id. at 8.
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-00902-1
Date issued/filed: 2022-03-03
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 01/28/2022) regarding 41 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00902-UNJ Document 43 Filed 03/03/22 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0902V
UNPUBLISHED
JAMES HARKINS, Chief Special Master Corcoran
Petitioner, Filed: January 28, 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.
Terance Patrick Perry, Datsopoulos, McDonald & Lind, P.C., Missoula, MT, for
Petitioner.
Joseph Adam Lewis, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On July 24, 2020, James Harkins 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”)
resulting from an influenza vaccine received on September 17, 2019. Petition at 1. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On August 24, 2021, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for GBS. On January 27, 2022, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $100,963.39 in the form
of a check payable to Petitioner, as well as payment for satisfaction of a Medicaid lien as
set forth below. Proffer at 1-2. In the Proffer, Respondent represented that Petitioner
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-00902-UNJ Document 43 Filed 03/03/22 Page 2 of 5
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 the
following:
• A lump sum payment of $100,963.39 (representing $100,000.00 for pain and
suffering and $963.39 for out of pocket medical expenses) in the form of a
check payable to Petitioner; and
• A lump sum payment of $19,178.63, representing compensation for
satisfaction of the State of Montana Medicaid lien, in the form of a check
payable jointly to Petitioner and:
Montana Department of Public Health and Human Services
Office of the Inspector General – Program Compliance Bureau – Third
Party Liability
2401 Colonial Drive
P.O. Box 202953
Helena, MT 59620-2953
Petitioner agrees to receive, endorse, and forward the check to the State of
Montana for satisfaction of the Medicaid lien.
These amounts represent 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-00902-UNJ Document 43 Filed 03/03/22 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
JAMES HARKINS, )
) No. 20-902V ECF
Petitioner, )
)
v. ) Chief Special Master Corcoran
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
PROFFER ON AWARD OF COMPENSATION
On July 24, 2020, James Harkins (“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 alleged that he suffered Guillain-Barré Syndrome
(“GBS”) as a result of an influenza (“flu”) vaccine administered to him on September 17, 2019.
Petition at 1. On August 23, 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. 27. On August 24, 2021, Chief Special Master Corcoran issued a ruling on entitlement,
finding that petitioner was entitled to compensation for a GBS Table injury. ECF No. 30.
I. Compensation for Vaccine Injury-Related Items
A. Pain and Suffering/Out of Pocket Medical Expenses
Based upon the evidence of record, respondent proffers that petitioner should be awarded
a lump sum of $100,963.39, representative of $100,000 for pain and suffering and $963.39 for
out-of-pocket medical expenses, in the form of a check payable to petitioner. Petitioner agrees.
B. Medicaid Lien
Respondent proffers that petitioner should be awarded funds to satisfy the State of
Montana Medicaid lien in the amount of $19,178.63, which represents full satisfaction of any

Case 1:20-vv-00902-UNJ Document 43 Filed 03/03/22 Page 4 of 5
right of subrogation, assignment, claim, lien, or cause of action the State of Montana may have
against any individual as a result of any Medicaid payments the State of Montana has made to or
on behalf of petitioner from the date of his eligibility for benefits through the date of judgment in
this case as a result of his alleged vaccine-related injury suffered on or about October 1, 2019
under Title XIX of the Social Security Act.
The above amounts represent all elements of compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
The parties recommend that compensation provided to petitioner should be made through
two lump sum payments described below, and request that the Chief Special Master’s decision
and the Court’s judgment award the following: 1
A. A lump sum payment of $100,963.39 in the form of a check payable to petitioner;
and
B. A lump sum payment of $19,178.63, representing compensation for satisfaction of
the State of Montana Medicaid lien, in the form of a check payable jointly to
petitioner and:
Montana Department of Public Health and Human Services
Office of the Inspector General - Program Compliance Bureau - Third Party Liability
2401 Colonial Drive
P.O. Box 202953
Helena, MT 59620-2953
Petitioner agrees to receive, endorse, and forward the check to the State of Montana for
satisfaction of the Medicaid lien.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
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 medical
expenses, future pain and suffering, and future lost wages.
2

Case 1:20-vv-00902-UNJ Document 43 Filed 03/03/22 Page 5 of 5
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
DARRYL R. WISHARD
Assistant Director
Torts Branch, Civil Division
/s/ Joseph A. Lewis
JOSEPH A. LEWIS
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) 616-4840
Email: joseph.a.lewis@usdoj.gov
Date: January 27, 2022
3