VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01287
Package ID: USCOURTS-cofc-1_21-vv-01287
Petitioner: Joseph Behlke
Filed: 2021-04-27
Decided: 2022-11-16
Vaccine: influenza
Vaccination date: 2020-10-24
Condition: Guillain-Barré syndrome
Outcome: compensated
Award amount USD: 93140

AI-assisted case summary:
Joseph Behlke filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered Guillain-Barré syndrome (GBS) as a result of an influenza vaccine administered on October 24, 2020. The respondent, the Secretary of Health and Human Services, conceded that Mr. Behlke's condition qualified as a Table injury, affording him a presumption of vaccine causation. The respondent also agreed that the petition was timely filed, the vaccine was administered in the United States, and Mr. Behlke met the statutory severity requirement of suffering residual effects for more than six months. Based on the respondent's concession and the evidence of record, the Chief Special Master ruled that Mr. Behlke was entitled to compensation. Subsequently, a decision awarding damages was issued. Mr. Behlke was awarded a lump sum of $93,140.10, which included $90,000.00 for pain and suffering and $3,140.10 for unreimbursed expenses. This amount was intended to cover all damages available under the program.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-01287-0
Date issued/filed: 2022-11-03
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 09/27/2022) regarding 34 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made.
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Case 1:21-vv-01287-UNJ Document 41 Filed 11/03/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-1287V
UNPUBLISHED
JOSEPH BEHLKE, Chief Special Master Corcoran
Petitioner,
v. Filed: September 27, 2022
SECRETARY OF HEALTH AND Special Processing Unit (SPU);
HUMAN SERVICES, Ruling on Entitlement; Concession;
Table Injury; Influenza (Flu); Guillain-
Respondent. Barré syndrome (“GBS”).
Andrew Donald Downing, Downing, Allison & Jorgenson, Phoenix, AZ , for Petitioner.
Emily H. Manoso, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On April 27, 2021, Joseph Behlke (“Petitioner”) 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”)
as a result of an influenza vaccine (“flu”) vaccine administered to him on October 24,
2020. Petition at 1. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On September 26, 2022, Respondent filed a combined Rule 4(c) Report and
Proffer in which he concedes 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. Respondent’s Rule 4(c)
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-01287-UNJ Document 41 Filed 11/03/22 Page 2 of 2
Report and Proffer at 8 (citing 42 C.F.R. § 100.3(a)(XIV)(D), 100.3(c)(15)). Respondent
further agrees that Petitioner timely filed his case, that he received the flu vaccine in the
United States, and that he satisfies the statutory severity requirement by suffering the
residual effects or complications of GBS for more than six months after vaccine
administration. Id. (citing Section 11(c)(1)(D)(i)).
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-01287-1
Date issued/filed: 2022-11-16
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 09/27/2022) regarding 35 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made.
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Case 1:21-vv-01287-UNJ Document 42 Filed 11/16/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-1287V
UNPUBLISHED
JOSEPH BEHLKE, Chief Special Master Corcoran
Petitioner,
v. Filed: September 27, 2022
SECRETARY OF HEALTH AND Special Processing Unit (SPU);
HUMAN SERVICES, Damages Decision Based on Proffer;
Influenza (Flu); Guillain-Barré
Respondent. syndrome (“GBS”).
Andrew Donald Downing, Downing, Allison & Jorgenson, Phoenix, AZ , for Petitioner.
Emily H. Manoso, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On April 27, 2021, Joseph Behlke (“Petitioner”) 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”)
as a result of an influenza vaccine (“flu”) vaccine administered to him on October 24,
2020. Petition at 1. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On September 26, 2022, Respondent filed a combined Rule 4(c) Report and
Proffer in which he conceded that Petitioner was entitled to compensation for a Table
GBS. Respondent’s Rule 4(c) Report and Proffer at 1, 8. On September 27, 2022, I issued
a Ruling on Entitlement.
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-01287-UNJ Document 42 Filed 11/16/22 Page 2 of 2
Respondent represents that Petitioner agrees to his proffer on an award of
compensation. Rule 4(c) Report and Proffer at 9. 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 combined Rule 4(c) Report and Proffer,3 I award
the following compensation:
A lump sum of $93,140.10 (representing $90,000.00 for pain and suffering,
and $3,140.10 for unreimbursed expenses) in the form of a check payable to
Petitioner. Respondent’s Rule 4(c) Report and Proffer at 9.This amount represents
compensation for all damages that would be available under Section 15(a). Id.
The Clerk of Court is directed to enter judgment in accordance with this decision.4
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 Because the combined Rule 4(c) Report and Proffer contains information regarding Petitioner’s personal
medical history, which is not generally included in a Proffer when separately filed, it is not attached hereto.
4 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