VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01188
Package ID: USCOURTS-cofc-1_21-vv-01188
Petitioner: Paul M. Kestel
Filed: 2021-10-26
Decided: 2022-03-30
Vaccine: influenza
Vaccination date: 2020-09-02
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 186901

AI-assisted case summary:
Paul M. Kestel filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine received on September 2, 2020. The petition stated that the vaccine was administered in the United States, he suffered residual effects for more than six months, and he had not received compensation or filed a civil action for these injuries. Respondent conceded that Petitioner is entitled to compensation, agreeing that he satisfied the criteria set forth in the Vaccine Injury Table and its Qualifications and Aids to Interpretation. A ruling on entitlement was issued on October 26, 2021, finding Petitioner entitled to compensation. Subsequently, on February 24, 2022, Respondent filed a proffer on award of compensation, indicating Petitioner should be awarded $186,901.76, which Petitioner agreed with. The decision awarding damages, issued on March 30, 2022, awarded Petitioner a lump sum payment of $186,901.76, comprising $165,000.00 for pain and suffering and $21,901.76 for lost wages. This amount represents compensation for all damages available under Section 15(a) of the Vaccine Act.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-01188-0
Date issued/filed: 2021-12-01
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/26/2021) 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-01188-UNJ Document 27 Filed 12/01/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-1188V
UNPUBLISHED
PAUL M. KESTEL, Chief Special Master Corcoran
Petitioner, Filed: October 26, 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.
Richard H. Moeller, Moore, Heffernan, et al., Sioux City, IA, for Petitioner.
Madelyn Weeks, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On April 12, 2021, Paul M. Kestel 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 as a result of
an influenza vaccine received on September 2, 2020. Petition at 1. Petitioner further
alleges that the vaccine was administered in the United States, he suffered residual
effects and complications for more than six months, and he has not received
compensation or filed a civil action for these injuries. Petition at ¶¶ 3, 12-14. The case
was assigned to the Special Processing Unit of the Office of Special Masters.
On October 25, 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 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-01188-UNJ Document 27 Filed 12/01/21 Page 2 of 2
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”).
Id. at 4. Thus, Respondent recommends that compensation be awarded. Id. at 1.
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-01188-1
Date issued/filed: 2022-03-30
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 02/24/2022) regarding 33 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:21-vv-01188-UNJ Document 38 Filed 03/30/22 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-1188V
UNPUBLISHED
PAUL M. KESTEL, Chief Special Master Corcoran
Petitioner, Filed: February 24, 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.
Richard H. Moeller, Moore, Heffernan, et al., Sioux City, IA, for Petitioner.
Madelyn Weeks, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On April 12, 2021, Paul M. Kestel 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 2, 2020. Petition at 1. Petitioner
further alleges that the vaccine was administered in the United States, he suffered
residual effects and complications for more than six months, and he has not received
compensation or filed a civil action for these injuries. Petition at ¶¶ 3, 12-14. The case
was assigned to the Special Processing Unit of the Office of Special Masters.
On October 26, 2021, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for GBS. On February 24, 2022, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $186,901.76. 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-01188-UNJ Document 38 Filed 03/30/22 Page 2 of 5
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 $186,901.76 (including $165,000.00 representative of pain and
suffering and $21,901.76 representative of 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 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-01188-UNJ Document 38 Filed 03/30/22 Page 3 of 5
THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
PAUL M. KESTEL,
Petitioner,
v. No. 21-1188V
Chief Special Master Brian H. Corcoran
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On April 12, 2021, Paul Kestel (“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 September
2, 2020, he suffered from Guillain-Barre Syndrome (GBS). See Petition. On October 25, 2021,
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 October 26, 2021, 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 $186,901.76, for all damages, including $165,000.00 representative of pain and
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-01188-UNJ Document 38 Filed 03/30/22 Page 4 of 5
suffering, and $21,901.76 representative of lost wages. 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 $186,901.76 in
the form of a check payable to petitioner.2 Petitioner agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
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
LARA A. ENGLUND
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.

Case 1:21-vv-01188-UNJ Document 38 Filed 03/30/22 Page 5 of 5
s/ MADELYN E. WEEKS
MADELYN E. WEEKS
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) 305-3262
madelyn.e.weeks@usdoj.gov
Dated: February 24, 2022