VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01031
Package ID: USCOURTS-cofc-1_21-vv-01031
Petitioner: Charles Hess
Filed: 2021-03-05
Decided: 2022-04-11
Vaccine: influenza
Vaccination date: 2018-09-21
Condition: Guillain Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 95000

AI-assisted case summary:
Charles Hess, a 76-year-old man, filed a petition for compensation under the National Vaccine Injury Compensation Program on March 5, 2021. He alleged that he suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine he received on September 21, 2018. Mr. Hess further alleged that he received the vaccine in the United States, suffered residual effects or complications of his illness for more than six months, and had not received compensation or filed a civil action for his vaccine-related injuries. The case was assigned to the Special Processing Unit of the Office of Special Masters. On January 6, 2022, the respondent filed a Rule 4(c) report conceding that Mr. Hess was entitled to compensation. The respondent agreed that Mr. Hess satisfied the criteria set forth in the Vaccine Injury Table for GBS following a flu vaccine. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a ruling on entitlement on January 10, 2022, finding Mr. Hess entitled to compensation. Subsequently, on March 10, 2022, the respondent filed a proffer on the award of compensation, indicating that Mr. Hess should be awarded $95,000.00, which Mr. Hess agreed to. On April 11, 2022, Chief Special Master Corcoran issued a decision awarding damages. The decision awarded Mr. Hess a lump sum payment of $95,000.00, representing past pain and suffering, in the form of a check payable to him. This amount represented all damages available under Section 15(a) of the Act. Petitioner was represented by Timothy James Lessman of the Knutson & Casey Law Firm, and respondent was represented by Joseph Adam Lewis of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of causation.

Theory of causation field:
Petitioner Charles Hess, aged 76, received an influenza vaccine on September 21, 2018, and subsequently developed Guillain-Barre Syndrome (GBS). The respondent conceded that petitioner satisfied the criteria set forth in the Vaccine Injury Table for GBS following a flu vaccine. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on January 10, 2022, finding petitioner entitled to compensation. A subsequent decision on April 11, 2022, awarded petitioner a lump sum of $95,000.00 for past pain and suffering, representing all damages available under 42 U.S.C. § 300aa-15(a). Petitioner was represented by Timothy James Lessman, and respondent was represented by Joseph Adam Lewis. The specific mechanism of causation, onset of symptoms, medical tests, and treatments are not described in the public decision.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-01031-0
Date issued/filed: 2022-02-09
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/10/2022) regarding 24 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:21-vv-01031-UNJ Document 27 Filed 02/09/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-1031V
UNPUBLISHED
CHARLES HESS, Chief Special Master Corcoran
Petitioner, Filed: January 10, 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.
Timothy James Lessman, Knutson & Casey Law Firm, Mankato, MN, for Petitioner.
Joseph Adam Lewis, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On March 5, 2021, Charles Hess 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 received on September 21, 2018. Petition at 1.
Petitioner further alleges that he received the vaccine in the United States, suffered the
residual effects or complications of his illness for more than six months, and has never
received compensation or filed a civil action for his vaccine-related injuries. Petition at 1,
¶¶ 18-19. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
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-01031-UNJ Document 27 Filed 02/09/22 Page 2 of 2
On January 6, 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. Specifically, Respondent agrees that “petitioner 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 8.
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-01031-1
Date issued/filed: 2022-04-11
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 03/10/2022) regarding 30 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:21-vv-01031-UNJ Document 36 Filed 04/11/22 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-1031V
UNPUBLISHED
CHARLES HESS, Chief Special Master Corcoran
Petitioner, Filed: March 10, 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.
Timothy James Lessman, Knutson & Casey Law Firm, Mankato, MN, for Petitioner.
Joseph Adam Lewis, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On March 5, 2021, Charles Hess 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 vaccine received on September 21, 2018. Petition at 1. Petitioner
further alleges that he received the vaccine in the United States, suffered the residual
effects or complications of his illness for more than six months, and has never received
compensation or filed a civil action for his vaccine-related injuries. Petition at 1, ¶¶ 18-19.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On January 10, 2022, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for GBS. On March 10, 2022, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $95,000.00. Proffer at
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-01031-UNJ Document 36 Filed 04/11/22 Page 2 of 5
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 $95,000.00 (representative of 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-01031-UNJ Document 36 Filed 04/11/22 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
CHARLES HESS, )
)
Petitioner, ) No. 21-1031V ECF
)
v. ) Chief Special Master Corcoran
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
___________________________________ )
PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On March 5, 2021, Charles Hess (“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 developed Guillain-Barré
Syndrome (“GBS”) within the Vaccine Injury Table timeframe following the receipt of an
influenza (“flu”) vaccine administered to him on September 21, 2018. Petition at 1. On January
6, 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. 23. On January
10, 2022, Chief Special Master Corcoran issued a ruling on entitlement, finding that petitioner
was entitled to compensation for a GBS Table injury. ECF No. 24.
II. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
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-01031-UNJ Document 36 Filed 04/11/22 Page 4 of 5
a lump sum of $95,000.00 for all damages, representative of 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 $95,000.00 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
DARRYL R. WISHARD
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-01031-UNJ Document 36 Filed 04/11/22 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: March 10, 2022
3