VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01798
Package ID: USCOURTS-cofc-1_20-vv-01798
Petitioner: Gerald Mesecher
Filed: 2020-12-08
Decided: 2022-06-21
Vaccine: influenza
Vaccination date: 2019-10-30
Condition: Guillain-Barre syndrome
Outcome: compensated
Award amount USD: 224273

AI-assisted case summary:
Gerald Mesecher filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered from Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine administered on October 30, 2019. The respondent conceded that Mr. Mesecher's claim met the Table criteria for GBS and that he was entitled to compensation. A ruling on entitlement was issued on July 20, 2021, finding Mr. Mesecher entitled to compensation. Subsequently, on May 5, 2022, the parties filed a proffer on award of compensation. The respondent recommended an award of $213,246.27 for pain and suffering and past unreimbursable expenses, plus $11,027.21 to satisfy a Medicaid lien, totaling $224,273.48. Mr. Mesecher agreed with the proffered award. The Chief Special Master issued a decision awarding damages on June 21, 2022, in accordance with the proffer, granting compensation for GBS as a Table injury.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01798-0
Date issued/filed: 2021-08-23
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 07/20/2021) regarding 22 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-01798-UNJ Document 28 Filed 08/23/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1798V
UNPUBLISHED
GERALD MESECHER, Chief Special Master Corcoran
Petitioner, Filed: July 20, 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.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner.
Lauren Kells, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On December 8, 2020, Gerald Mesecher 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 from Guillain-Barre syndrome (“GBS”)
as a result of an influenza (“flu”) vaccine administered on October 30, 2019. Petition at 1.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On July 20, 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 reviewed the facts of this case and concluded that
Petitioner’s claim meets the Table criteria for GBS. Id. at 8. Respondent further agrees
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-01798-UNJ Document 28 Filed 08/23/21 Page 2 of 2
that Petitioner has met the statutory and jurisdictional requirements of the Vaccine Act
and concluded that compensation is appropriate. Id.
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-01798-1
Date issued/filed: 2022-06-21
Pages: 6
Docket text: PUBLIC DECISION (Originally filed: 05/11/2022) regarding 40 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-01798-UNJ Document 46 Filed 06/21/22 Page 1 of 6
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1798V
UNPUBLISHED
GERALD MESECHER, Chief Special Master Corcoran
Petitioner, Filed: May 11, 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.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner.
Lauren Kells, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On December 8, 2020, Gerald Mesecher 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 from Guillain-Barre Syndrome (“GBS”)
as a result of receiving an influenza vaccination on October 30, 2019. Petition at 1. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On July 20, 2021, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for GBS. On May 5, 2022, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $213,246.27
(comprised of $190,000.00 for pain and suffering and $23,246.27 for past unreimbursable
expenses) and $11,027.21 to satisfy a Medicaid lien. Proffer at 2. In the Proffer,
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-01798-UNJ Document 46 Filed 06/21/22 Page 2 of 6
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. A lump sum payment of $213,246.27 (comprised of $190,000.00 for pain and
suffering and $23,246.27 for past unreimbursable expenses) in the form of a
check payable to Petitioner; and
B. A lump sum payment of $11,027.21, representing compensation for
satisfaction of the State of California Medicaid lien, in the form of a check
payable jointly to Petitioner3 and:
Department of Health Care Services
Recovery Branch - MS 4720
P.O. Box 997421
Sacramento, CA 95899-7421
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.4
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 Petitioner agrees to endorse the check to the Department of Health Care Services for satisfaction of the
Medicaid lien.
4 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-01798-UNJ Document 46 Filed 06/21/22 Page 3 of 6
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
GERALD MESECHER, )
)
Petitioner, )
) No. 20-1798V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On December 8, 2020, Gerald Mesecher (“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. He alleged that, as a result of receiving the influenza vaccine on October 30,
2019, he suffered from Guillain-Barre Syndrome (“GBS”). See Petition at 1. On July 19, 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 July 20, 2021, Chief Special
Master Corcoran issued a ruling on entitlement, finding that petitioner was entitled to
compensation for a GBS Table injury.
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-01798-UNJ Document 46 Filed 06/21/22 Page 4 of 6
II. Items of Compensation
A. Pain and Suffering
Based upon the evidence of record, respondent proffers that petitioner should be awarded
a lump sum of $190,000.00 for pain and suffering, in the form of a check payable to petitioner.
Petitioner agrees.
B. Past Unreimbursable Expensed
Evidence supplied by petitioner documents that he incurred past unreimbursable expenses
related to his vaccine-related injury. Respondent proffers that petitioner should be awarded past
unreimbursable expenses in the amount of $23,246.27. See 42 U.S.C. § 300aa-15(a)(1)(B).
Petitioner agrees.
C. Medicaid Lien
Respondent proffers that petitioner should be awarded funds to satisfy the State of
California Medicaid lien in the amount of $11,027.21, which represents full satisfaction of any
right of subrogation, assignment, claim, lien, or cause of action the State of California may have
against any individual as a result of any Medicaid payments the State of California has made to
or on behalf of petitioner from the date of her eligibility for benefits through the date of
judgment in this case as a result of her alleged vaccine-related injury suffered on or about
October 30, 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.
2

Case 1:20-vv-01798-UNJ Document 46 Filed 06/21/22 Page 5 of 6
III. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through two lump sum payments, as described below, and requests that the Chief Special
Master’s decision and the Court’s judgment award the following:2
A. A lump sum payment of $213,246.27 in the form of a check payable to petitioner.
B. A lump sum payment of $11,027.21, representing compensation for satisfaction of the
State of California Medicaid lien, in the form of a check payable jointly to petitioner
and:
Department of Health Care Services
Recovery Branch - MS 4720
P.O. Box 997421
Sacramento, CA 95899-7421
Petitioner agrees to endorse the check to the Department of Health Care Services for
satisfaction of the Medicaid lien. 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
Acting Deputy 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.
3

Case 1:20-vv-01798-UNJ Document 46 Filed 06/21/22 Page 6 of 6
LARA A. ENGLUND
Assistant Director
Torts Branch, Civil Division
/s/ Lauren Kells
LAUREN KELLS
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) 616-4187
Email: Lauren.Kells@usdoj.gov
DATED: May 5, 2022
4