VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01814
Package ID: USCOURTS-cofc-1_20-vv-01814
Petitioner: Calvin Riley
Filed: 2020-12-09
Decided: 2022-08-08
Vaccine: influenza (flu)
Vaccination date: 2017-12-21
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 72500

AI-assisted case summary:
Calvin Riley filed a petition for compensation under the National Vaccine Injury Compensation Program on December 9, 2020, alleging that he suffered Guillain-Barre Syndrome (GBS) as a result of an influenza (flu) vaccine he received on December 21, 2017. Mr. Riley alleged that he received the vaccination in the United States, that his symptoms persisted for more than six months, and that no action had been filed for his vaccine-related injury. The case was assigned to the Special Processing Unit. On January 24, 2022, the respondent filed a Rule 4(c) report conceding that Mr. Riley was entitled to compensation. The respondent found that Mr. Riley satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation, which afford a presumption of causation if GBS onset occurs between three and forty-two days after a seasonal flu vaccination and there is no apparent alternative cause. The respondent also agreed that the scope of damages should be limited to Mr. Riley's GBS and its related sequelae. On February 7, 2022, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement, finding Mr. Riley entitled to compensation. Subsequently, on July 1, 2022, the respondent filed a proffer on award of compensation, recommending an award of $72,500.00 for pain and suffering, which Mr. Riley agreed to. The respondent represented that this amount represented all elements of compensation to which Mr. Riley was entitled under 42 U.S.C. § 300aa-15(a). On August 8, 2022, Chief Special Master Corcoran issued a Decision awarding Mr. Riley a lump sum payment of $72,500.00, in the form of a check payable to Mr. Riley. Petitioner counsel was Paul R. Brazil of Muller Brazil, LLP, and respondent counsel was Nancy Tinch of the U.S. Department of Justice. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or expert witnesses.

Theory of causation field:
Calvin Riley received an influenza (flu) vaccine on December 21, 2017. He alleged Guillain-Barre Syndrome (GBS) as a result. The respondent conceded entitlement, finding that the case met the criteria for a Table injury under the Vaccine Injury Table and Qualifications and Aids to Interpretation, which provides a presumption of causation if GBS onset occurs between three and forty-two days after a seasonal flu vaccination and there is no apparent alternative cause. The respondent's Rule 4(c) report and proffer were filed by Nancy Tinch. Chief Special Master Brian H. Corcoran issued the Ruling on Entitlement on February 7, 2022, and the Damages Decision on August 8, 2022. The award was a lump sum of $72,500.00 for pain and suffering, representing all elements of compensation under 42 U.S.C. § 300aa-15(a). Petitioner counsel was Paul R. Brazil. The public text does not detail the specific mechanism of causation, expert testimony, or alternative causes.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_20-vv-01814-0
Date issued/filed: 2022-03-09
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 02/07/2022) regarding 21 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:20-vv-01814-UNJ Document 24 Filed 03/09/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1814V
UNPUBLISHED
CALVIN RILEY, Chief Special Master Corcoran
Petitioner, Filed: February 7, 2022
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.
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Nancy Tinch, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On December 9, 2020, Calvin Riley 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)
resulting from the influenza (flu) vaccination he received on December 21, 2017. Petition
at 1. Petitioner further alleges that he received the vaccination the United States, his
symptoms persisted for more than six months, and neither he, nor any other party, has
ever filed any action for his vaccine-related injury. Petition at 1-2. The case was assigned
to the Special Processing Unit of the Office of Special Masters.
On January 24, 2022, 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:20-vv-01814-UNJ Document 24 Filed 03/09/22 Page 2 of 2
1. Specifically, Respondent found that “[P]etitioner has satisfied the criteria set forth in the
Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation (“QAI”),
which afford [P]etitioner 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 24. Respondent further agrees that the scope of damages to be
awarded is limited to Petitioner’s GBS and its related sequelae only. 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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_20-vv-01814-1
Date issued/filed: 2022-08-08
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 07/05/2022) regarding 29 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
--------------------------------------------------------------------------------
Case 1:20-vv-01814-UNJ Document 33 Filed 08/08/22 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1814V
UNPUBLISHED
CALVIN RILEY, Chief Special Master Corcoran
Petitioner, Filed: July 5, 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.
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Nancy Tinch, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On December 9, 2020, Calvin Riley 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),
resulting from the influenza (flu) vaccination he received on December 21, 2017. Petition
at 1. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On June 7, 2022, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for GBS. On July 1, 2022, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $72,500.00. Proffer at
1. In the Proffer, Respondent represented that Petitioner agrees with the proffered award.
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-01814-UNJ Document 33 Filed 08/08/22 Page 2 of 5
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 $72,500.00 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 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-01814-UNJ Document 33 Filed 08/08/22 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
CALVIN RILEY,
Petitioner,
v. No. 20-1814V
Chief Special Master Corcoran
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On December 9, 2020, Calvin Riley (“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 alleges that he
suffered Guillain-Barré syndrome (“GBS”) as a result of an influenza (“flu”) vaccine
administered to him on December 21, 2017. On January 24, 2022, 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 for a GBS Table injury,
and on February 7, 2022, the Chief Special Master issued a Ruling on Entitlement finding
petitioner entitled to compensation. ECF No. 21.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $72,500.00 in pain and
suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:20-vv-01814-UNJ Document 33 Filed 08/08/22 Page 4 of 5
This amount represents all elements of compensation to which petitioner is
entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
Respondent recommends that the compensation provided to petitioner should be
made through a lump sum payment as described below and requests that the Chief
Special Master’s decision and the Court’s judgment award the following1: a lump sum
payment of $72,500.00, in the form of a check payable to petitioner.
Petitioner is a competent adult. Evidence of guardianship is not required in this
case.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Calvin Riley: $72,500.00
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C.SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
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
lost earnings and future pain and suffering.
2

Case 1:20-vv-01814-UNJ Document 33 Filed 08/08/22 Page 5 of 5
/s/ NANCY O. TINCH
Nancy O. Tinch
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146 Benjamin Franklin Station
Washington D.C. 20044-0146
(202)305-2078
nancy.tinch@usdoj.gov
Dated: July 1, 2022
3