VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01226
Package ID: USCOURTS-cofc-1_21-vv-01226
Petitioner: Brooke Offhaus
Filed: 2021-04-16
Decided: 2022-10-07
Vaccine: influenza
Vaccination date: 2018-10-10
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 99633

AI-assisted case summary:
Brooke Offhaus filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she developed Guillain-Barre Syndrome (GBS) after receiving an influenza vaccine on October 10, 2018. The respondent, the Secretary of Health and Human Services, conceded that Ms. Offhaus was entitled to compensation, agreeing that her condition met the criteria set forth in the Vaccine Injury Table and its Qualifications and Aids to Interpretation. The case proceeded as a Table injury claim. A ruling on entitlement was issued on March 7, 2022, finding Ms. Offhaus entitled to compensation. Subsequently, on October 7, 2022, a decision awarding damages was issued based on a proffer agreed upon by both parties. Ms. Offhaus, an adult, was awarded a total of $99,633.75. This award comprised $95,000.00 for pain and suffering, $1,410.00 for past unreimbursable expenses, and $3,223.75 for past lost wages. The compensation was provided as a lump sum payment directly to Ms. Offhaus.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-01226-0
Date issued/filed: 2022-04-08
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 03/07/2022) regarding 20 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:21-vv-01226-UNJ Document 23 Filed 04/08/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-1226V
UNPUBLISHED
BROOKE OFFHAUS, Chief Special Master Corcoran
Petitioner, Filed: March 7, 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.
Matthew F. Belanger, Faraci Lange, LLP, Rochester, NY, for Petitioner.
Dhairya Divyakant Jani, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On April 16, 2021, Brooke Offhaus 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 she developed Guillain-Barre Syndrome (“GBS”)
after an influenza (“flu”) vaccination she received on October 10, 2018. Petition at 1.
Petitioner further alleges that she suffered the effects of her GBS for more than six months
and has not received compensation for her vaccine-related injuries. Petition at ¶¶ 19, 23.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On March 4, 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 states that it is his “position that Petitioner has satisfied the
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-01226-UNJ Document 23 Filed 04/08/22 Page 2 of 2
criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to
Interpretation.” Id. at 6. Respondent further states that “the scope of damages to be
awarded 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-01226-1
Date issued/filed: 2022-10-07
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 09/07/2022 ) regarding 30 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:21-vv-01226-UNJ Document 35 Filed 10/07/22 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-1226V
UNPUBLISHED
BROOKE OFFHAUS, Chief Special Master Corcoran
Petitioner, Filed: September 7, 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.
Matthew F. Belanger, Faraci Lange, LLP, Rochester, NY, for Petitioner.
Dhairya Divyakant Jani, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On April 16, 2021, Brooke Offhaus 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 she suffered Guillain-Barre Syndrome (“GBS”) as
a result of an influenza vaccine she received on October 10, 2018. Petition at ¶1. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On March 7, 2022, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for her GBS. On September 7, 2022, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $99,633.75,
comprised of $95,000.00 in pain and suffering, $1,410.00 in past unreimbursable
expenses, and $3,223.75 in past lost wages. Proffer at I. In the Proffer, Respondent
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-01226-UNJ Document 35 Filed 10/07/22 Page 2 of 5
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 $$99,633.75, comprised of $95,000.00 in pain and suffering,
$1,410.00 in past unreimbursable expenses, and $3,223.75 in past 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-01226-UNJ Document 35 Filed 10/07/22 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
BROOKE OFFHAUS, *
*
Petitioner, *
*
v. * No. 21-1226V (ECF)
* CHIEF SPECIAL MASTER
* BRIAN H. CORCORAN
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On April 16, 2021, Brooke Offhaus (“petitioner”) filed a petition for compensation under
the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act”
or “Act”), as amended. Petitioner alleged that she suffered Guillain-Barré syndrome as a result
of an influenza vaccine administered on October 10, 2018. Petition at 1. On March 4, 2022, the
Secretary of Health and Human Services (“respondent”) filed a Vaccine Rule 4(c) report
recommending that compensation be awarded, and on March 7, 2022, the Chief Special Master
issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 19; ECF
No. 20.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $95,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:21-vv-01226-UNJ Document 35 Filed 10/07/22 Page 4 of 5
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that she incurred past unreimbursable
expenses related to her vaccine-related injury. Respondent proffers that petitioner should be
awarded past unreimbursable expenses in the amount of $1,410.00. See 42 U.S.C. § 300aa-
15(a)(1)(B). Petitioner agrees.
C. Lost Wages
Evidence supplied by petitioner documents that she incurred past lost wages related to
her vaccine-related injury. Respondent proffers that petitioner should be awarded past lost
wages in the amount of $3,223.75. See 42 U.S.C. § 300aa-15(a)(3)(A). Petitioner agrees.
These amounts represent all elements of compensation to which petitioner is entitled
under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
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 following1: a lump sum payment of $99,633.75, in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Brooke Offhaus: $99,633.75
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court
for appropriate relief. In particular, respondent would oppose any award for future lost earnings
and future pain and suffering.
2

Case 1:21-vv-01226-UNJ Document 35 Filed 10/07/22 Page 5 of 5
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
/s/ DHAIRYA D. JANI
DHAIRYA D. JANI
Trial Attorney
U.S. Department of Justice
Torts Branch, Civil Division
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 616-4356
Email: Dhairya.Jani@usdoj.gov
Dated: September 7, 2022
3