VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00986
Package ID: USCOURTS-cofc-1_21-vv-00986
Petitioner: John W. Vance
Filed: 2021-02-23
Decided: 2022-08-29
Vaccine: influenza
Vaccination date: 2019-10-01
Condition: Guillain-Barré Syndrome (GBS)
Outcome: compensated
Award amount USD: 137500

AI-assisted case summary:
On February 23, 2021, John W. Vance filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered Guillain-Barré Syndrome (GBS) after receiving an influenza vaccine on October 1, 2019. The petition stated that the vaccination was administered in the United States, his symptoms lasted more than six months, and he had not received prior compensation for vaccine-related injuries. The case was assigned to the Special Processing Unit. On March 25, 2022, the Respondent, the Secretary of Health and Human Services, filed a report conceding that Mr. Vance is entitled to compensation. The Respondent determined that Mr. Vance met the criteria for GBS following a flu vaccine as defined by the Vaccine Injury Table and its Qualifications and Aids to Interpretation. The Respondent also agreed that the scope of damages was limited to Mr. Vance's GBS and its related sequelae. Based on the Respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a ruling on entitlement on April 14, 2022, finding Mr. Vance entitled to compensation. Subsequently, on July 28, 2022, the parties filed a proffer on the award of compensation. The proffer stated that the Respondent recommended an award of $137,500.00 for past pain and suffering, and that Mr. Vance agreed with this proffered award. The proffer also indicated that this amount represented all elements of compensation available under Section 15(a) of the Vaccine Act. On August 29, 2022, Chief Special Master Corcoran issued a decision awarding Mr. Vance a lump sum payment of $137,500.00 for past pain and suffering, to be paid by check to Mr. Vance. The decision directed the Clerk of Court to enter judgment in accordance with this decision. Petitioner was represented by Emily Beth Ashe of Anapol Weiss, and Respondent was represented by Joseph Adam Lewis of the U.S. Department of Justice. The public decision does not describe the onset of symptoms, specific clinical details, medical tests, or treatments.

Theory of causation field:
Petitioner John W. Vance alleged Guillain-Barré Syndrome (GBS) following an influenza vaccine administered on October 1, 2019. The Respondent conceded entitlement, determining that Petitioner met the criteria for GBS following a flu vaccine as defined by the Vaccine Injury Table and its Qualifications and Aids to Interpretation. The specific mechanism of causation, onset of symptoms, clinical details, medical tests, treatments, and expert testimony are not described in the provided public text. The case resulted in a compensated outcome. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on April 14, 2022, and a decision awarding damages on August 29, 2022. The award was a lump sum of $137,500.00 for past pain and suffering, agreed upon by both parties via a proffer filed on July 28, 2022. Petitioner was represented by Emily Beth Ashe, and Respondent was represented by Joseph Adam Lewis.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00986-0
Date issued/filed: 2022-05-23
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/14/2022) 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-00986-UNJ Document 25 Filed 05/23/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-986V
UNPUBLISHED
JOHN W. VANCE, Chief Special Master Corcoran
Petitioner, Filed: April 14, 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.
Emily Beth Ashe, Anapol Weiss, Philadelphia, PA, for Petitioner.
Joseph Adam Lewis, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On February 23, 2021, John W. Vance 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) after
receiving the influenza vaccination on October 1 2019. Petition at 1. Petitioner further
alleges that the vaccination was administered within the United States, his symptoms
lasted for more than six months, and he has never received any compensation in the form
of award or settlement for his vaccine-related injuries. Petition at 1, 4. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On March 25, 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 1:21-vv-00986-UNJ Document 25 Filed 05/23/22 Page 2 of 2
1. Specifically, Respondent determined that “[P]etitioner has satisfied the criteria set forth
in the Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation
(“QAI”) for GBS following a flu vaccine.” Id. at 6. Respondent further agrees that the scope
of damages 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

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DOCUMENT 2: USCOURTS-cofc-1_21-vv-00986-1
Date issued/filed: 2022-08-29
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 07/29/2022) regarding 28 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:21-vv-00986-UNJ Document 29 Filed 08/29/22 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-986V
UNPUBLISHED
JOHN W. VANCE, Chief Special Master Corcoran
Petitioner, Filed: July 29, 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.
Emily Beth Ashe, Anapol Weiss, Philadelphia, PA, for Petitioner.
Joseph Adam Lewis, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On February 23, 2021, John W. Vance 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) after
receiving the influenza (flu) vaccination on October 1, 2019. Petition at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On April 14, 2022, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for GBS. On July 28, 2022, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $137,500.00 for past
pain and suffering. 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.
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-00986-UNJ Document 29 Filed 08/29/22 Page 2 of 5
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $137,500.00 for past pain and suffering 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 1:21-vv-00986-UNJ Document 29 Filed 08/29/22 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
JOHN W. VANCE, )
)
Petitioner, ) No. 21-986V ECF
)
v. ) Chief Special Master Corcoran
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
___________________________________ )
PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On February 23, 2021, John W. Vance (“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 alleged that he developed Guillain-Barré
Syndrome (“GBS”) within the Vaccine Injury Table timeframe following the receipt of an
influenza (“flu”) vaccine administered to him on October 1, 2019. Petition at 1. On March 25,
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. ECF No. 20. On April 14,
2022, Chief Special Master Corcoran issued a ruling on entitlement, finding that petitioner was
entitled to compensation for a GBS Table injury. ECF No. 22.
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-00986-UNJ Document 29 Filed 08/29/22 Page 4 of 5
II. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
a lump sum of $137,500.00 for past pain and suffering. This amount represents 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 a lump sum payment, as described below, and requests that the Chief Special Master’s
decision and the Court’s judgment award the following: A lump sum payment of $137,500.00 in
the form of a check payable to petitioner.2 Petitioner agrees.
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
TRACI R. PATTON
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-00986-UNJ Document 29 Filed 08/29/22 Page 5 of 5
s/ Joseph A. Lewis
JOSEPH A. LEWIS
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146,
Benjamin Franklin Station
Washington, D.C. 20044-0146
T: (202) 451-7495
E: joseph.a.lewis@usdoj.gov
DATED: July 28, 2022
3