VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00963
Package ID: USCOURTS-cofc-1_20-vv-00963
Petitioner: Dennis Cashel
Filed: 2020-08-04
Decided: 2021-06-08
Vaccine: influenza
Vaccination date: 2018-09-24
Condition: Guillain-Barré syndrome (GBS)
Outcome: compensated
Award amount USD: 140464

AI-assisted case summary:
Dennis Cashel filed a petition for compensation on August 4, 2020, alleging that he suffered Guillain-Barré syndrome (GBS) as a result of an influenza vaccine he received on September 24, 2018. He stated that his GBS met the criteria for a Table injury. The respondent filed a Rule 4(c) report conceding that Mr. Cashel was entitled to compensation, finding that his condition met the criteria set forth in the Vaccine Injury Table. Based on this concession and the evidence of record, entitlement was granted. Subsequently, on May 7, 2021, the respondent filed a proffer on award of compensation. The proffer indicated that Mr. Cashel should be awarded $140,464.00, consisting of $140,000.00 for pain and suffering and $464.00 for unreimbursed expenses. Mr. Cashel, who is a competent adult, agreed with this proffered award. The Chief Special Master issued a decision awarding Mr. Cashel the lump sum of $140,464.00.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00963-0
Date issued/filed: 2021-04-09
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 03/09/2021) regarding 17 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00963-UNJ Document 21 Filed 04/09/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0963V
UNPUBLISHED
DENNIS CASHEL, Chief Special Master Corcoran
Petitioner, Filed: March 9, 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.
Robert H. Pedroli, Pedroli & Gauthier, LLC, Clayton, MO, for petitioner.
Zoe Wade, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On August 4, 2020, Dennis Cashel 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”) which
meets the definition for a Table GBS or, in the alternative, was caused-in-fact by the
influenza vaccine he received on September 24, 2018. Petition at ¶¶ 2, 23, 26. Petitioner
further alleges that he received the vaccination in the United States, that he suffered the
residual effects of his injury for more than six months, and that neither he nor any other
party has filed a civil action or received compensation for his GBS. Id. at ¶¶ 2, 21, 24.
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-00963-UNJ Document 21 Filed 04/09/21 Page 2 of 2
On March 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 concluded that “[P]etitioner has satisfied the criteria set forth
in the recently revised Vaccine Injury Table (“Table”) and the Qualifications and Aids to
Interpretation (“QAI”).” Id. at 4.
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-00963-1
Date issued/filed: 2021-06-08
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 05/07/2021) regarding 24 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00963-UNJ Document 27 Filed 06/08/21 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0963V
UNPUBLISHED
DENNIS CASHEL, Chief Special Master Corcoran
Petitioner, Filed: May 7, 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.
Robert H. Pedroli, Pedroli & Gauthier, LLC, Clayton, MO, for Petitioner.
Zoe Wade, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On August 4, 2020, Dennis Cashel 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”) which
meets the definition for a Table GBS or, in the alternative, was caused-in-fact by the
influenza vaccine he received on September 24, 2018. Petition at ¶¶ 2, 23, 26. The case
was assigned to the Special Processing Unit of the Office of Special Masters.
On March 19, 2021, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for his GBS. On May 7, 2021, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $140,464.00,
representing compensation in the amounts of $140,000.00 for pain and suffering and
$464.00 for unreimbursed expenses. Proffer at 1. In the Proffer, Respondent represented
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-00963-UNJ Document 27 Filed 06/08/21 Page 2 of 4
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 $140,464.00, representing compensation in the amounts of
$140,000.00 for pain and suffering and $464.00 for actual unreimbursable expenses
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-00963-UNJ Document 27 Filed 06/08/21 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
DENNIS CASHEL, )
)
Petitioner, )
) No. 20-963V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Procedural History
On August 4, 2020, Dennis Cashel (“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
vaccine he received on September 24, 2018. Petition at 1-2. On March 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. 16.
II. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
a lump sum of $140,464.00 ($140,000.00 for pain and suffering and $464.00 for unreimbursed
expenses) for all damages in this case. This amount represents all elements of compensation to
which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.

Case 1:20-vv-00963-UNJ Document 27 Filed 06/08/21 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 of $140,464.00, in the form of a check payable to petitioner.1
Petitioner agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
BRIAN M. BOYNTON
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Acting Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
/s/ Zoë Wade
ZOË WADE
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Ben Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 616-4118
Fax: (202) 616-4310
Email: zoe.wade@usdoj.gov
Dated, May 7, 2021.
1 Should 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