VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01155
Package ID: USCOURTS-cofc-1_20-vv-01155
Petitioner: Bernard Neuwirth, as Executor of the Estate of Ellen C. Neuwirth
Filed: 2021-02-12
Decided: 2021-03-30
Vaccine: influenza
Vaccination date: 2019-09-10
Condition: Guillain-Barre syndrome (GBS)
Outcome: compensated
Award amount USD: 250000

AI-assisted case summary:
Bernard Neuwirth, as Executor of the Estate of Ellen C. Neuwirth, filed a petition alleging that Ellen Neuwirth suffered a Table Injury, Guillain-Barré syndrome (GBS), as a result of her September 10, 2019 influenza vaccination, which caused her death. The respondent conceded that the petitioner met the criteria for a Table Injury, specifically GBS, which occurred within the Table-defined window after a seasonal flu vaccination, and that there was no apparent alternative cause. The respondent further agreed that GBS was the cause of decedent’s death and that all legal prerequisites for compensation under the Act were satisfied. A ruling on entitlement was issued on February 12, 2021, finding the petitioner entitled to compensation. Subsequently, on March 30, 2021, a decision awarding damages was issued based on a proffer from the respondent. The parties agreed to a lump sum award of $250,000.00 for all damages available under the Act.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01155-0
Date issued/filed: 2021-03-15
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 02/12/2021) 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-01155-UNJ Document 21 Filed 03/15/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1155V
UNPUBLISHED
BERNARD NEUWIRTH, as Executor Chief Special Master Corcoran
of the Estate of ELLEN C. NEUWIRTH,
Filed: February 12, 2021
Petitioner,
v. Special Processing Unit (SPU);
Ruling on Entitlement; Concession;
SECRETARY OF HEALTH AND Table Injury; Influenza (Flu) Vaccine;
HUMAN SERVICES, Guillain-Barre Syndrome (GBS)
Respondent.
Steven Edwards Winslow, Jubelirer Pass & Intrieri, PC, Pittsburgh, PA, for petitioner.
Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On September 8, 2020, Bernard Neuwirth 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 Ellen Neuwirth suffered a Table Injury – Guillain-
Barré syndrome (GBS) – as a result of her September 10, 2019 influneza (“flu”)
vaccination which caused her death. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On February 11, 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-01155-UNJ Document 21 Filed 03/15/21 Page 2 of 2
1. Specifically, Respondent indicates that
[i]t is respondent’s position that petitioner has satisfied the criteria set forth
in the revised Vaccine Injury Table (Table) and the Qualifications and Aids
to Interpretation (QAI), which afford petitioner a presumption of causation if
the onset of GBS occurs between three and forty-two days after seasonal
flu vaccination and there is no apparent alternative cause. 42 U.S.C. §
300aa-14(a)(XIV)(D), (c)(15).
Id. at 2. Respondent further agrees that “the record establishes by preponderant
evidence that GBS was the cause of decedent’s death. Therefore, based on the current
record, petitioner has satisfied all legal prerequisites for compensation under the Act.” Id.
at 2-3
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-01155-1
Date issued/filed: 2021-03-30
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 02/26/2021) regarding 20 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-01155-UNJ Document 22 Filed 03/30/21 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1155V
UNPUBLISHED
BERNARD NEUWIRTH, as Executor Chief Special Master Corcoran
of the Estate of ELLEN C. NEUWIRTH,
Filed: February 26, 2021
Petitioner,
v. Special Processing Unit (SPU);
Damages Decision Based on Proffer;
SECRETARY OF HEALTH AND Influenza (Flu) Vaccine; Guillain-
HUMAN SERVICES, Barre Syndrome (GBS)
Respondent.
Steven Edwards Winslow, Jubelirer Pass & Intrieri, PC, Pittsburgh, PA, for petitioner.
Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On September 8, 2020, Bernard Neuwirth 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 Ellen C. Neuwirth suffered a Table Injury – Guillain-
Barré syndrome (GBS) – as a result of her September 10, 2019 influneza (“flu”)
vaccination which caused her death. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On February 12, 2021, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for a Table Injury – GBS – that resulted in decedent Ellen C.
Neuwirth’s death. On February 22, 2021, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $250,000.00. Proffer at
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-01155-UNJ Document 22 Filed 03/30/21 Page 2 of 4
1. In the Proffer, Respondent represented that Petitioner agrees with the proffered award.
Id. at 2. 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 $250,000.00 in the form of a check payable to Petitioner as
Executor of the Estate of Ellen C. Neuwirth. 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-01155-UNJ Document 22 Filed 03/30/21 Page 3 of 4
THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
BERNARD NEUWIRTH, as Executor of the
Estate of ELLEN C. NEUWIRTH,
Petitioner,
No. 20-1155V
v. Chief Special Master Brian H. Corcoran
ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On February 12, 2021, the Court entered its “Ruling on Entitlement,” finding petitioner
entitled to compensation, consistent with the recommendation in respondent’s February 11, 2021
Rule 4(c) Report. Specifically, under the Vaccine Injury Table, decedent Ellen C. Neuwirth
suffered from Guillain-Barré syndrome that resulted in her death, presumptively as the result an
influenza vaccination. Respondent now proffers that petitioner be awarded a lump sum of
$250,000.00 for all damages available pursuant to 42 U.S.C. § 300aa-15(a).
Petitioner represents that he presently is, or within 90 days of the date of judgment will
become, duly authorized to serve as the administrator/executor of the Estate of Ellen C. Neuwirth
under the laws of the Commonwealth of Pennsylvania. Respondent’s proffer is contingent on
the following: No payments pursuant to this proffer shall be made until petitioner provides the
Secretary with documentation establishing his appointment as administrator/executor of the
Estate of Ellen C. Neuwirth. If petitioner is not authorized by a court of competent jurisdiction
to serve as administrator/executor of the Estate of Ellen C. Neuwirth at the time the payment
pursuant to this proffer is to be made, the payment shall be paid to the party or parties appointed
1

Case 1:20-vv-01155-UNJ Document 22 Filed 03/30/21 Page 4 of 4
by a court of competent jurisdiction to serve as administrator/executor of the Estate of Ellen C.
Neuwirth upon submission of written documentation of such appointment to the Secretary.
Petitioner has reviewed the foregoing and agrees with the proffered award of
$250,000.00.1
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/ RYAN D. PYLES
RYAN D. PYLES
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
Tel: (202) 616-9847
Dated: February 22, 2021
1 This proffer does not include any award for attorneys’ fees and costs that may be awarded
pursuant to 42 U.S.C. § 300aa-15(e).
2