VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01206
Package ID: USCOURTS-cofc-1_20-vv-01206
Petitioner: Marcia Roby
Filed: 2020-09-15
Decided: 2021-10-06
Vaccine: influenza
Vaccination date: 2018-10-24
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 162260

AI-assisted case summary:
Marcia Roby filed a petition for compensation under the National Vaccine Injury Compensation Program on September 15, 2020, alleging that she suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine administered on October 24, 2018. The respondent filed a Rule 4(c) report conceding that Ms. Roby is entitled to compensation, concluding that she satisfied the criteria for a GBS injury on the Vaccine Injury Table. A ruling on entitlement was issued on May 4, 2021, finding her entitled to compensation. Subsequently, on September 2, 2021, the respondent filed a proffer on award of compensation, recommending an award of $162,260.47. This amount included $160,000.00 for pain and suffering and $2,260.47 for out-of-pocket medical and unrelated expenses. The proffer indicated that Ms. Roby agreed with the proposed award. The decision dated October 6, 2021, awarded Ms. Roby a lump sum payment of $162,260.47. Ms. Roby is a competent adult, and no guardianship was required. The case proceeded as a Table injury claim.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01206-0
Date issued/filed: 2021-06-04
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 05/04/2021) regarding 19 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-01206-UNJ Document 24 Filed 06/04/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1206V
UNPUBLISHED
MARCIA ROBY, Chief Special Master Corcoran
Petitioner, Filed: May 4, 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.
Joseph Alexander Vuckovich, Maglio Christopher & Toale, PA, Washington, DC, for
petitioner.
Matthew Murphy, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On September 15, 2020, Marcia Roby 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 she suffered Guillain-Barre Syndrome (“GBS”) as
a result of an influenza (“flu”) vaccine administered on October 24, 2018. Petition at 1-2.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On May 3, 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
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-01206-UNJ Document 24 Filed 06/04/21 Page 2 of 2
revised Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation
(“QAI”) for a GBS injury. Id. at 5.
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-01206-1
Date issued/filed: 2021-10-06
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 09/03/2021) regarding 29 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-01206-UNJ Document 33 Filed 10/06/21 Page 1 of 5
CORRECTED
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1206V
UNPUBLISHED
MARCIA ROBY, Chief Special Master Corcoran
Petitioner, Filed: September 3, 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.
Joseph Alexander Vuckovich, Maglio Christopher & Toale, PA, Washington, DC, for
Petitioner.
Matthew Murphy, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On September 15, 2020, Marcia Roby 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 she suffered Guillain-Barre Syndrome (“GBS”) as
a result of an influenza (“flu”) vaccine administered on October 24, 2018. Petition at 1-2.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On May 4, 2021, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for her GBS. On September 2, 2021, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $162,260.47,
representing $160,000.00 for her pain and $2,260.47 for her out-of-pocket medical and
unrelated expenses. 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:20-vv-01206-UNJ Document 33 Filed 10/06/21 Page 2 of 5
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 $162,260.47, representing compensation in the amount of
$160,000.00for her pain and suffering and $2,260.47 for her 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 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-01206-UNJ Document 33 Filed 10/06/21 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
MARICA ROBY, )
)
Petitioner, ) No. 20-1206V ECF
)
v. ) Chief Special Master Corcoran
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
___________________________________ )
PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On September 15, 2020, Marcia Roby (“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. She alleged that as a result of receiving the influenza vaccine on October 24,
2018, she suffered from Guillain-Barre Syndrome (GBS). See Petition. On May 3, 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. On May 4, 2021, Chief Special Master
Corcoran issued a ruling on entitlement, finding that petitioner was entitled to compensation for
a GBS Table injury.
II. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
a lump sum of $162,260.47, for all damages, including $160,000.00 representative of pain and
1 This Proffer does not include attorneys’ fees and costs, which the parties intend to
address after the Damages Decision is issued.

Case 1:20-vv-01206-UNJ Document 33 Filed 10/06/21 Page 4 of 5
suffering, and $2,260.47 representative of out-of-pocket medical and related expenses. This
amount represents all elements of compensation to which petitioner is entitled under 42 U.S.C.
§ 300aa-15(a). Petitioner agrees.
III. Form of the Award
Respondent recommends that compensation provided to petitioner should be made
through a lump sum payment of $162,260.47, in the form of a check payable to petitioner.2
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
Deputy Director
Torts Branch, Civil Division
TRACI R. PATTON
Assistant Director
Torts Branch, Civil Division
2 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

Case 1:20-vv-01206-UNJ Document 33 Filed 10/06/21 Page 5 of 5
/s/ Matthew L. Murphy by Traci R. Patton
MATTHEW L. MURPHY
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
(202) 616-4840
matthew.murphy@usdoj.gov
Dated: September 2, 2021
3