VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00026
Package ID: USCOURTS-cofc-1_21-vv-00026
Petitioner: William Harry
Filed: 2021-01-04
Decided: 2023-07-26
Vaccine: influenza
Vaccination date: 2019-10-21
Condition: Guillain-Barré syndrome
Outcome: compensated
Award amount USD: 279575

AI-assisted case summary:
William Harry filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered Guillain-Barré syndrome (GBS) as a result of an influenza vaccine he received on October 21, 2019. The respondent conceded that Mr. Harry's claim satisfied the criteria for a Table injury, specifically that GBS onset occurred between three and forty-two days after a seasonal flu vaccination with no apparent alternative cause. Based on this concession and the evidence, the court issued a ruling on entitlement, finding Mr. Harry eligible for compensation. Subsequently, the parties reached a stipulation for an award of damages. The court awarded Mr. Harry a total of $279,575.60. This amount includes $2,960.18 for life care expenses in the first year, $250,000.00 for pain and suffering, and $26,615.42 for past unreimbursable expenses. The award also includes an amount sufficient to purchase an annuity for future life care expenses. The decision was issued on July 26, 2023, following the petition filed on January 4, 2021.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00026-0
Date issued/filed: 2021-09-29
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/27/2021) regarding 26 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:21-vv-00026-UNJ Document 29 Filed 09/29/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0026V
UNPUBLISHED
WILLIAM HARRY, Chief Special Master Corcoran
Petitioner, Filed: August 27, 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.
David John Carney, Green & Schafle LLC, Philadelphia, PA, for Petitioner.
Martin Conway Galvin, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 4, 2021, William Harry 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”) as a
result of an influenza (“flu”) vaccine he received on October 21, 2019. Amended Petition
at Preamble. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On August 27, 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 states that “petitioner has satisfied the criteria set forth in the
Vaccine Injury Table (‘Table’) and the Qualifications and Aids to Interpretation (‘QAI’),
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 1:21-vv-00026-UNJ Document 29 Filed 09/29/21 Page 2 of 2
which afford petitioner 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 9.
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_21-vv-00026-1
Date issued/filed: 2023-07-26
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 06/26/2023) regarding 52 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:21-vv-00026-UNJ Document 56 Filed 07/26/23 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0026V
WILLIAM HARRY, Chief Special Master Corcoran
Petitioner, Filed: June 26, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
David John Carney, Green & Schafle LLC, Philadelphia, PA, for Petitioner.
Martin Conway Galvin, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 4, 2021, William Harry 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-Barre syndrome (“GBS”) as a
result of an influenza (“flu”) vaccine he received on October 21, 2019. Amended Petition
at Preamble. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On August 27, 2021, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for GBS. On June 23, 2023, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded a total of $279,575.60,
representing compensation for life care expenses expected to be incurred during the first
year after judgment ($2,960.18), pain and suffering ($250,000.00), and past
unreimbursable expenses ($26,615.42), and an amount sufficient to purchase an annuity
1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made
publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government
Act of 2002. 44 U.S.C. § 3501 note (2018) (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 (2018).

Case 1:21-vv-00026-UNJ Document 56 Filed 07/26/23 Page 2 of 8
contract as set forth in the Proffer. Proffer at 2. In the Proffer, 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 the
following:
A. A lump sum payment of $279,575.60 (representing compensation for life care
expenses expected to be incurred during the first year after judgment
($2,960.18), pain and suffering ($250,000.00), and past unreimbursable
expenses ($26,615.42), in the form of a check payable to Petitioner. This
amount represents compensation for all damages that would be available under
Section 15(a).
B. An amount sufficient to purchase the annuity contract described in section
II.B of the attached proffer.
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 1:21-vv-00026-UNJ Document 56 Filed 07/26/23 Page 3 of 8
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
WILLIAM HARRY, )
)
Petitioner, )
) No. 21-26V
v. ) Chief Special Master Brian H. Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On January 4, 2021, William Harry (“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 receiving an
influenza (“flu”) vaccination administered on October 21, 2019. ECF No. 1. On August 27,
2021, respondent filed his Rule 4(c) Report, in which he recommended that the Court find
petitioner entitled to compensation, and on August 27, 2021, the Court entered its Ruling on
Entitlement, finding petitioner entitled to compensation. See ECF Nos. 25, 26. Specifically,
based on respondent’s recommendation, the Court found petitioner entitled to compensation for
Guillain-Barré syndrome and related sequelae that he sustained following the administration of
an influenza (“flu”) vaccination on October 21, 2019, and that petitioner’s claim satisfies the
requirements necessary to qualify as a Table injury set forth in the 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 a
seasonal flu vaccination and there is no apparent alternative cause. See ECF No. 25.
Respondent now proffers that petitioner receive an award as follows:

Case 1:21-vv-00026-UNJ Document 56 Filed 07/26/23 Page 4 of 8
I. Items of Compensation
A. Life Care Items
Respondent engaged life care planner Laura Fox, MSN, BSN, RN, and petitioner
engaged life care planner Roberta Hurley, to provide an estimation of petitioner’s future vaccine-
injury related needs. For the purposes of this proffer, the term “vaccine related” is as described
in respondent’s Rule 4(c) Report. All items of compensation identified in the life care plan are
supported by the evidence, and are illustrated by the chart entitled Appendix A: Items of
Compensation for William Harry, attached hereto as Tab A. Respondent proffers that petitioner
should be awarded all items of compensation set forth in the life care plan and illustrated by the
chart attached at Tab A. Petitioner agrees.
B. Pain and Suffering
Respondent proffers that petitioner should be awarded $250,000.00 in actual pain and
suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
C. Past Unreimbursable Expenses
Evidence supplied by petitioner documents his expenditure of past unreimbursable
expenses related to his vaccine-related injury. Respondent proffers that petitioner should be
awarded past unreimbursable expenses in the amount of $26,615.42. Petitioner agrees.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a combination of lump sum payments and future annuity payments as described below,
and request that the Special Master’s decision and the Court’s judgment award the following:1
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
medical expenses, future lost earnings, and future pain and suffering.
2

Case 1:21-vv-00026-UNJ Document 56 Filed 07/26/23 Page 5 of 8
A. A lump sum payment of $279,575.60, representing compensation for life care
expenses expected to be incurred during the first year after judgment ($2,960.18), pain and
suffering ($250,000.00), and past unreimbursable expenses ($26,615.42) in the form of a check
payable to petitioner, William Harry.
B. An amount sufficient to purchase an annuity contract,2 subject to the conditions
described below, that will provide payments for the life care items contained in the life care plan,
as illustrated by the chart at Tab A, attached hereto, paid to the life insurance company3 from
which the annuity will be purchased.4 Compensation for Year Two (beginning on the first
anniversary of the date of judgment) and all subsequent years shall be provided through
respondent’s purchase of an annuity, which annuity shall make payments directly to petitioner,
William Harry, only so long as petitioner is alive at the time a particular payment is due. At the
Secretary’s sole discretion, the periodic payments may be provided to petitioner in monthly,
quarterly, annual, or other installments. The “annual amounts” set forth in the chart at Tab A
2 In respondent’s discretion, respondent may purchase one or more annuity contracts
from one or more life insurance companies.
3 The Life Insurance Company must have a minimum of $250,000,000 capital and
surplus, exclusive of any mandatory security valuation reserve. The Life Insurance Company
must have one of the following ratings from two of the following rating organizations:
a. A.M. Best Company: A++, A+, A+g, A+p, A+r, or A+s;
b. Moody's Investor Service Claims Paying Rating: Aa3, Aa2, Aa1, or Aaa;
c. Standard and Poor's Corporation Insurer Claims-Paying Ability Rating: AA-,
AA, AA+, or AAA;
d. Fitch Credit Rating Company, Insurance Company Claims Paying Ability
Rating: AA-, AA, AA+, or AAA.
4 Petitioner authorizes the disclosure of certain documents filed by the petitioner in this
case consistent with the Privacy Act and the routine uses described in the National Vaccine
Injury Compensation Program System of Records, No. 09-15-0056.
3

Case 1:21-vv-00026-UNJ Document 56 Filed 07/26/23 Page 6 of 8
describe only the total yearly sum to be paid to petitioner and do not require that the payment be
made in one annual installment.
1. Growth Rate
Respondent proffers that a four percent (4%) growth rate should be applied to all non-
medical life care items, and a five percent (5%) growth rate should be applied to all medical life
care items. Thus, the benefits illustrated in the chart at Tab A that are to be paid through annuity
payments should grow as follows: four percent (4%) compounded annually from the date of
judgment for non-medical items, and five percent (5%) compounded annually from the date of
judgment for medical items. Petitioner agrees.
2. Life-contingent annuity
Petitioner will continue to receive the annuity payments from the Life Insurance
Company only so long as he, William Harry, is alive at the time that a particular payment is due.
Written notice shall be provided to the Secretary of Health and Human Services and the Life
Insurance Company within twenty (20) days of William Harry’s death.
3. Guardianship
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
III. Summary of Recommended Payments Following Judgment5
A. Lump Sum paid to petitioner, William Harry: $279,575.60
B. An amount sufficient to purchase the annuity contract described
above in section II.B.
5 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).
4

Case 1:21-vv-00026-UNJ Document 56 Filed 07/26/23 Page 7 of 8
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
TRACI R. PATTON
Assistant Director
Torts Branch, Civil Division
s/Martin Galvin
MARTIN GALVIN
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) 616-3071
Email: Martin.Galvin@usdoj.gov
DATED: June 23, 2023
5

Case 1:21-vv-00026-UNJ Document 56 Filed 07/26/23 Page 8 of 8
Appendix A: Items of Compensation for William Harry Page 1 of 1
Lump Sum
ITEMS OF Compensation Compensation Compensation Compensation Compensation Compensation Compensation Compensation
COMPENSATION G.R. * M Year 1 Year 2 Year 3 Years 4-5 Year 6 Year 7 Year 8 Years 9-Life
2023 2024 2025 2026-2027 2028 2029 2030 2031-Life
Gabapentin 5% * 52.80 52.80 52.80 52.80 52.80 52.80 52.80 52.80
PM&R 5% *
Neurologist 5% *
PT/OT 4% *
Home Health Care 4% * M 43,912.96 43,912.96 43,912.96 43,912.96 43,912.96
Rollator Walker 4% 159.99 31.99 31.99 31.99 31.99 31.99
Scooter 4% *
Scooter Lift 4% 1,899.00
Scooter Cover 4% 115.49 115.49
Scooter Batteries 4% *
Scooter Maint 4% *
Lift Chair 4% * 812.00
Blanket Support 4% 29.00
Raised Toilet Seat 4% 51.89 25.95 25.95 25.95 25.95 25.95 25.95 25.95
Stair Lift 4% 2,685.00
Pain and Suffering 250,000.00
Past Unreimbursable
Expenses 26,615.42
Medicaid Lien
Annual Totals 279,575.60 78.75 238.74 44,023.70 44,139.19 44,023.70 46,708.70 44,023.70
Note: Compensation Year 1 consists of the 12 month period following the date of judgment.
Compensation Year 2 consists of the 12 month period commencing on the first anniversary of the date of judgment.
As soon as practicable after entry of judgment, respondent shall make the following payment to petitioner for Yr 1 life care
expenses ($2,960.18), pain and suffering ($250,000.00), and past unreimbursable expenses ($26,615.42): $279,575.60.00.
Annual amounts payable through an annuity for future Compensation Years follow the anniversary of the date of judgment.
Annual amounts shall increase at the rates indicated above in column G.R., compounded annually from the date of judgment.
Items denoted with an asterisk (*) covered by health insurance and/or Medicare.
Items denoted with an "M" payable in twelve monthly installments totaling the annual amount indicated.