VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00829
Package ID: USCOURTS-cofc-1_21-vv-00829
Petitioner: David K. McQuinn
Filed: 2021-02-01
Decided: 2023-05-08
Vaccine: influenza
Vaccination date: 2018-11-27
Condition: Guillain-Barré syndrome
Outcome: compensated
Award amount USD: 135151

AI-assisted case summary:
David K. McQuinn 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 November 27, 2018. The case was assigned to the Special Processing Unit. Respondent filed a Rule 4(c) report conceding that Mr. McQuinn satisfied the criteria for a Table injury, including the presumption of causation for GBS following a flu vaccination within the specified timeframe, and that there was no apparent alternative cause. Based on this concession and the evidence, the court issued a ruling on entitlement, finding Mr. McQuinn entitled to compensation. Subsequently, the parties submitted a proffer on award of compensation. Respondent proposed an award of $115,000.00 for pain and suffering and $20,151.00 for reimbursement of a Medicaid lien, which Mr. McQuinn agreed to. The court accepted the proffer and awarded a total of $135,151.00 in lump sum payments. The decision was issued on May 8, 2023.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00829-0
Date issued/filed: 2022-07-08
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 06/07/2022) regarding 23 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. (Main Document 25 replaced on 7/11/2022 to attach PDF without header) (ypb).
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Case 1:21-vv-00829-UNJ Document 25 Filed 07/08/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0829V
UNPUBLISHED
DAVID K. MCQUINN, Chief Special Master Corcoran
Petitioner,
v. Filed: June 7, 2022
SECRETARY OF HEALTH AND Special Processing Unit (SPU);
HUMAN SERVICES, Ruling on Entitlement; Concession;
Table Injury; Influenza (Flu); Guillain-
Respondent. Barré syndrome (“GBS”).
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Lauren Kells, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On February 1, 2021, David K. McQuinn 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 alleged that he suffered injuries, including Guillain-Barré
syndrome (“GBS”) as a result of the influenza (“flu”) vaccine administered in his left deltoid
on November 27, 2018. Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On June 3, 2022, Respondent filed his Rule 4(c) report in which he concedes that
Petitioner has satisfied the criteria set forth in the Vaccine Injury Table (“Table”) and the
accompanying 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
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-00829-UNJ Document 25 Filed 07/08/22 Page 2 of 2
after a seasonal flu vaccination and there is no apparent alternative cause. Rule 4(c)
Report at 5-6 (citing Vaccine Act sections 14(a)(XIV)(D), (c)(15).
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-00829-1
Date issued/filed: 2023-05-08
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 04/06/2023) regarding 37 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:21-vv-00829-UNJ Document 41 Filed 05/08/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0829V
UNPUBLISHED
DAVID K. MCQUINN, Chief Special Master Corcoran
Petitioner, Filed: April 6, 2023
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Influenza (Flu) Vaccine; Guillain-
Barre Syndrome (GBS)
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Katherine Carr Esposito, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On February 1, 2021, David K. McQuinn 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 injuries, including Guillain-Barré
syndrome (“GBS”) as a result of an influenza (“flu”) vaccine he received to his left deltoid
on November 27, 2018. 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. On April 3, 2023, Respondent filed a proffer on award of compensation
(“Proffer”) indicating Petitioner should be awarded $115,000.00 in pain and suffering and
that Petitioner and The Rawlings Company, LLC, jointly should be awarded a lump sum
of $20,151.00 for reimbursement of a Medicaid lien. Proffer at 1-2. 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 1:21-vv-00829-UNJ Document 41 Filed 05/08/23 Page 2 of 5
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 the following:
a. A lump sum payment of $115,000.00, in the form of a check payable to
Petitioner, and
b. A lump sum payment of $20,151.00, in the form of a check payable to
petitioner and The Rawlings Company, LLC, P.O. Box 2000, La Grange, KY
40031. Petitioner agrees to endorse this check to The Rawlings Company,
LLC.
These amounts represent 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 1:21-vv-00829-UNJ Document 41 Filed 05/08/23 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
DAVID K. MCQUINN,
Petitioner,
No. 21-829V
v. Chief Special Master Corcoran
ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On February 1, 2021, David K. McQuinn (“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 alleges that, as a result of receiving the influenza vaccine on November 27,
2018, he suffered injuries, including a Table injury of Guillain-Barre Syndrome (“GBS”). See
Petition. On June 3, 2022, 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
June 7, 2022, 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 $115,000.00 for pain and suffering, and that petitioner and The Rawlings
1 This Proffer does not include attorneys’ fees and costs, which the parties intend to address after
the Damages Decision is issued.

Case 1:21-vv-00829-UNJ Document 41 Filed 05/08/23 Page 4 of 5
Company, LLC jointly should be awarded a lump sum of $20,151.00, for reimbursement of a
Medicaid lien. These amounts represent 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 the compensation provided to petitioner should be made
through lump sum payments, as described below, and requests that the Chief Special Master’s
decision and the Court’s judgment award the following:
a. A lump sum payment of $115,000.00 in the form of a check payable to petitioner.2
b. A lump sum payment of $20,151.00, in the form of a check payable to petitioner and
The Rawlings Company, LLC, P.O. Box 2000, La Grange, KY 40031. Petitioner
agrees to endorse this check to The Rawlings Company, LLC.
Petitioner agrees.
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
ALEXIS B. BABCOCK
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 1:21-vv-00829-UNJ Document 41 Filed 05/08/23 Page 5 of 5
s/Katherine C. Esposito
Katherine C. Esposito
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) 305-3774
katherine.esposito@usdoj.gov
Dated: April 3, 2023
3