VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00814
Package ID: USCOURTS-cofc-1_21-vv-00814
Petitioner: Pete Heffron
Filed: 2021-01-28
Decided: 2021-12-13
Vaccine: influenza
Vaccination date: 2019-10-07
Condition: Guillain-Barré Syndrome (GBS)
Outcome: compensated
Award amount USD: 177366

AI-assisted case summary:
Pete Heffron 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 administered on October 7, 2019. The respondent conceded that Mr. Heffron is entitled to compensation, agreeing that his GBS is a Table injury. The respondent's position was that the onset of GBS occurred within the Table's specified timeframe after the flu vaccination, and there was no more likely alternative diagnosis or apparent alternative cause. A ruling on entitlement was issued on September 2, 2021, finding Mr. Heffron entitled to compensation. Subsequently, on November 9, 2021, the respondent filed a proffer on award of compensation, which Mr. Heffron agreed with. The proffer recommended an award of $177,365.57, comprising $157,500.00 for pain and suffering, $11,983.24 for actual unreimbursable expenses, and $7,882.33 for lost earnings. The Chief Special Master issued a decision awarding this lump sum amount to Mr. Heffron on December 13, 2021.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00814-0
Date issued/filed: 2021-10-08
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 09/02/2021) regarding 22 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:21-vv-00814-UNJ Document 28 Filed 10/08/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0814V
UNPUBLISHED
PETE HEFFRON, Chief Special Master Corcoran
Petitioner, Filed: September 2, 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.
Daniel Levinson, Levinson Stockton LLP, Solana Beach, CA, for Petitioner.
Mollie Danielle Gorney, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 28, 2021, Pete Heffron 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 administered to him on October 7, 2019. ECF 14 at
1. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On September 2, 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, it is Respondent’s position that Petitioner suffered from GBS and that he
has satisfied the criteria set forth in the revised Vaccine Injury Table and the Qualifications
and Aids to Interpretation, which afford him a presumption of vaccine causation if 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:21-vv-00814-UNJ Document 28 Filed 10/08/21 Page 2 of 2
onset of GBS occurs between three and forty-two days after a seasonal flu vaccination
and there is no more likely alternative diagnosis and no apparent alternative cause. Id. at
8-9.
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-00814-1
Date issued/filed: 2021-12-13
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 11/10/2021) regarding 31 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:21-vv-00814-UNJ Document 38 Filed 12/13/21 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0814V
UNPUBLISHED
PETE HEFFRON, Chief Special Master Corcoran
Petitioner, Filed: November 10, 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.
Daniel Levinson, Levinson Stockton LLP, Solana Beach, CA, for Petitioner.
Mollie Danielle Gorney, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 28, 2021, Pete Heffron 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 administered to him on October 7, 2019. ECF 14 at
1. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On September 2, 2021, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for his GBS. On November 9, 2021, Respondent filed a proffer
on award of compensation (“Proffer”) indicating Petitioner should be awarded
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 1:21-vv-00814-UNJ Document 38 Filed 12/13/21 Page 2 of 5
$177,365.57,3 representing $157,500.00 for pain and suffering, $11,983.24 for actual
unreimbursable expenses, and $7,882.33 for lost earnings. Proffer at 1-2. 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 a lump
sum payment of $177,365.57, representing $157,500.00 for pain and suffering,
$11,983.24 for actual expenses, and $7,882.33 for lost wages 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.4
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 In one Proffer entry, the total is listed to be $177,365.77. Proffer at 2. However, this entry is clearly a
simple error. The Proffer also lists the correct total, $177,365.57, and the individual amounts show this to
be the correct total. Id. at 1-2.
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 1:21-vv-00814-UNJ Document 38 Filed 12/13/21 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
PETE HEFFRON, )
)
Petitioner, )
) No. 21-814V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On January 28, 2021, Pete Heffron (“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-Barre syndrome (“GBS”), as defined in the Vaccine
Injury Table, following administration of an influenza vaccine he received on October 9, 2019.
Petition at 1. On September 2, 2021, 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. ECF No. 21. On the same date, the Chief
Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF
No. 22.
Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $157,500.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:21-vv-00814-UNJ Document 38 Filed 12/13/21 Page 4 of 5
B. Actual, Unreimbursable Expenses
Respondent proffers that petitioner should be awarded $11,983.24 in actual
unreimbursable expenses. See 42 U.S.C. § 300aa-15(a)(1).
C. Lost Earnings
Respondent proffers that petitioner should be awarded $7,882.33 in lost earnings. See 42
U.S.C. § 300aa-15(a)(3)(A).
This amounts represent all elements of compensation to which petitioner is entitled under
42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
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 $177,365.57, in the form of
a check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Pete Heffron: $177,365.77
Respectfully submitted,
BRIAN M. BOYNTON
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting 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 1:21-vv-00814-UNJ Document 38 Filed 12/13/21 Page 5 of 5
ALEXIS B. BABCOCK
Acting Deputy Director
Torts Branch, Civil Division
/s/ Mollie D. Gorney
MOLLIE D. GORNEY
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) 616-4029
DATED: November 9, 2021
3