VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01175
Package ID: USCOURTS-cofc-1_21-vv-01175
Petitioner: Tom Thompson
Filed: 2022-02-22
Decided: 2022-07-01
Vaccine: influenza
Vaccination date: 2019-10-07
Condition: Guillain Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 72430

AI-assisted case summary:
Tom Thompson filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered Guillain Barre Syndrome (GBS) as a result of an influenza vaccine he received on or about October 7, 2019. The petition stated that the vaccine was received in the United States, that he suffered residual effects for more than six months, and that he had not received other compensation or filed a civil action for his injuries. Respondent filed a Rule 4(c) report conceding that Mr. Thompson was entitled to compensation. Respondent agreed that the petitioner met the criteria for a Table injury, specifically GBS, with onset between three and forty-two days after a seasonal flu vaccination and no apparent alternative cause. Respondent also agreed that Mr. Thompson suffered residual effects for more than six months, satisfying all legal prerequisites for compensation. Based on the concession and the evidence, the Chief Special Master found Mr. Thompson entitled to compensation. Subsequently, a proffer on award of compensation was filed, recommending a lump sum payment of $72,430.48. This amount included $65,000.00 for pain and suffering and $7,430.48 for out-of-pocket medical and related expenses. Mr. Thompson agreed with this proffered award. The Chief Special Master issued a decision awarding the lump sum payment of $72,430.48.

Theory of causation field:
Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_21-vv-01175-0
Date issued/filed: 2022-03-30
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 02/22/2022) regarding 21 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:21-vv-01175-UNJ Document 24 Filed 03/30/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-1175V
UNPUBLISHED
TOM THOMPSON, Chief Special Master Corcoran
Petitioner, Filed: February 22, 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.
Randall G. Knutson, Knutson & Casey Law Firm, Mankato, MN, for Petitioner.
Austin Joel Egan, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On April 9, 2021, Tom Thompson 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 or about October 7, 2019. Petition at 1.
Petitioner further alleges that the vaccine was received in the United States, he suffered
the residual effects or complications of his condition for more than six months, and
Petitioner has not received compensation in the form of an award or settlement, or filed
a civil action, for his vaccine-related injuries. Petition at ¶¶ 4, 14, 15. 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-01175-UNJ Document 24 Filed 03/30/22 Page 2 of 2
On February 18, 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”),
which afford petitioner a presumption of vaccine 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 3. Respondent further agrees that “based on the medical records
outlined [in the Rule 4(c) Report], petitioner suffered the residual effects of his condition
for more than six months . . . . Therefore, based on the record as it now stands, petitioner
has satisfied all legal prerequisites for compensation under the Act.” Id. at 3-4.
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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_21-vv-01175-1
Date issued/filed: 2022-07-01
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 05/27/2022) regarding 27 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:21-vv-01175-UNJ Document 33 Filed 07/01/22 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-1175V
UNPUBLISHED
TOM THOMPSON, Chief Special Master Corcoran
Petitioner, Filed: May 27, 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.
Randall G. Knutson, Knutson & Casey Law Firm, Mankato, MN, for Petitioner.
Austin Joel Egan, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On April 9, 2021, Tom Thompson 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 or about October 7, 2019. Petition at 1.
Petitioner further alleges that the vaccine was received in the United States, he suffered
the residual effects or complications of his condition for more than six months, and
Petitioner has not received compensation in the form of an award or settlement, or filed
a civil action, for his vaccine-related injuries. Petition at ¶¶ 4, 14, 15. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On February 22, 2022, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for GBS. On May 27, 2022, Respondent filed a proffer on award
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-01175-UNJ Document 33 Filed 07/01/22 Page 2 of 4
of compensation (“Proffer”) indicating Petitioner should be awarded $72,430.48. 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 $72,430.48 (including $65,000.00 representative of pain and
suffering and $7,430.48 representative of out of pocket medical and related
expenses) 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-01175-UNJ Document 33 Filed 07/01/22 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
TOM THOMPSON, )
)
Petitioner, )
) No. 21-1175V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On April 9, 2021, Tom Thompson (“petitioner”) filed a petition for compensation under
the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to 34, alleging that he
suffered from Gillian Barre Syndrome (“GBS”) following administration of an influenza vaccine
on October 7, 2019. Petition at 1. On February 18, 2022, the Secretary of Health and Human
Services (“respondent”) filed a Vaccine Rule 4(c) Report concluding that petitioner suffered
GBS as defined by the Vaccine Injury Table (the “Table”) and within the Table timeframe. On
February 22, 2022, Chief Special Master Corcoran issued a Ruling on Entitlement, finding that
petitioner was entitled to vaccine 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 $72,430.48, for all damages, including $65,000.00 representative of pain and
suffering, and $7,430.48 representative of out-of-pocket medical and related expenses. This
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-01175-UNJ Document 33 Filed 07/01/22 Page 4 of 4
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 $72,430.48 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
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
/s/ AUSTIN J. EGAN
Austin J. Egan
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Ben Franklin Station
Washington, DC 20044-0146
Tel: (202) 451-7479
Austin.J.Egan@usdoj.gov
Date: May 27, 2022
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