VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01389
Package ID: USCOURTS-cofc-1_21-vv-01389
Petitioner: Jerome Dacurawat
Filed: 2021-05-24
Decided: 2023-03-24
Vaccine: influenza
Vaccination date: 2020-01-25
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 82838

AI-assisted case summary:
Jerome Dacurawat 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 vaccination he received on January 25, 2020. The case was filed on May 24, 2021. Respondent, the Secretary of Health and Human Services, reviewed the petition and medical records. In a Rule 4(c) report, Respondent conceded that Mr. Dacurawat is entitled to compensation, finding that he satisfied the criteria for GBS as a Table injury. Specifically, Respondent agreed that the injury had an onset within the Table's specified timeframe, presented with bilateral flaccid limb weakness and decreased reflexes, followed a monophasic pattern, had an interval between onset and nadir within the defined range, and lacked an identified more likely alternative diagnosis. Respondent also confirmed that the case was timely filed, the vaccine was administered in the United States, and the statutory severity requirement was met because the residual effects lasted more than six months. Based on Respondent's concession and the evidence, the Chief Special Master issued a Ruling on Entitlement finding Mr. Dacurawat entitled to compensation. Subsequently, on February 17, 2023, Respondent filed a proffer on award of compensation. The parties agreed to an award of $82,838.85, which included $81,500.00 for pain and suffering, $450.00 for past out-of-pocket expenses, and $888.85 in lost wages. The Chief Special Master issued a Decision Awarding Damages on March 24, 2023, awarding Mr. Dacurawat the stipulated lump sum of $82,838.85.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-01389-0
Date issued/filed: 2022-10-17
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 09/13/2022) regarding 37 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:21-vv-01389-UNJ Document 40 Filed 10/17/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-1389V
UNPUBLISHED
JEROME DACURAWAT, Chief Special Master Corcoran
Petitioner, Filed: September 13, 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.
Mark Peyser Friedlander, Jr., Friedlander & Friedlander, P.C., McLean, VA, for
Petitioner.
Jennifer A. Shah, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On May 24, 2021, Jerome Dacurawat 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 a Table injury – Guillain-Barre
Syndrome (GBS) – as a result of his January 25, 2020 influneza (“flu”) vaccination.
Petition at 1. Petitioner further alleges that that there has been no prior award or
settlement of a civil action on his behalf as a result of his injury. See Petition ¶¶ 12-13.
On September 12, 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 indicates as follows:
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-01389-UNJ Document 40 Filed 10/17/22 Page 2 of 2
Medical personnel at the Division of Injury Compensation Programs
(“DICP”), Department of Health and Human Services, have reviewed the
petition and medical records filed in this case. It is respondent’s position that
petitioner has satisfied the criteria set forth in the Vaccine Injury Table
(“Table”) and the Qualifications and Aids to Interpretation (“QAI”) for GBS,
with onset of symptoms from three to forty-two days following flu vaccination
and:
(A) Bilateral flaccid limb weakness and decreased or
absent deep tendon reflexes in weak limbs; (B) A
monophasic illness pattern; (C) An interval between onset
and nadir of weakness between 12 hours and 28 days; (D)
Subsequent clinical plateau (the clinical plateau leads to
either stabilization at the nadir of symptoms, or
subsequent improvement without significant relapse;
however, death may occur without a clinical plateau); and,
(E) The absence of an identified more likely alternative
diagnosis.
Id. at 4-5 (citing 42 C.F.R. § 100.3(a)(XIV)(D), (c)(15)). Respondent further agrees that
[wi]th respect to other statutory and jurisdictional issues, the records show
that the case was timely filed, the vaccine was received in the United States,
and petitioner satisfies the statutory severity requirement because the
residual effects or complications of his injury continued for more than six
months after vaccine administration.
Id. at 5.
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-01389-1
Date issued/filed: 2023-03-24
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 02/21/2023) regarding 45 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:21-vv-01389-UNJ Document 47 Filed 03/24/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-1389V
UNPUBLISHED
JEROME DACURAWAT, Chief Special Master Corcoran
Petitioner, Filed: February 21, 2023
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Influenza (Flu) Vaccine; Guillain-
Barre Syndrome (GBS)
Respondent.
Mark Peyser Friedlander, Jr., Friedlander & Friedlander, P.C., McLean, VA, for
Petitioner.
Jennifer A. Shah, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On May 24, 2021, Jerome Dacurawat 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 vaccination administered on January 25, 2020. Petition at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On September 13, 2022, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for GBS. On February 17, 2023, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $82,838.85
(comprised of $81,500.00 for pain and suffering, $450.00 for past out-of-pocket expenses,
and $888.85 in lost wages). Proffer at 1. In the Proffer, Respondent represented that
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-01389-UNJ Document 47 Filed 03/24/23 Page 2 of 5
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 $82,838.85 (comprised of $81,500.00 for pain and suffering,
$450.00 for past out-of-pocket expenses, and $888.85 in 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-01389-UNJ Document 47 Filed 03/24/23 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
JEROME DACURAWAT,
Petitioner,
No. 21-1389V
v. Chief Special Master Corcoran
SPU
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On May 24, 2021, Jerome Dacurawat (“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 (“Vaccine Act” or “Act”). Petitioner alleges that he suffered Guillain-Barré
Syndrome as a result of an influenza vaccination administered on January 25, 2020. Petition at
1.
On September 12, 2022, respondent filed his Vaccine Rule 4(c) report, recommending
that compensation be awarded. ECF No. 36. On September 13, 2022, this Court issued a Ruling
on Entitlement finding petitioner entitled to compensation. ECF No. 37.
I. Items of Compensation
Respondent proffers that petitioner should be awarded $82,838.85, consisting of
$81,500.00 for past pain and suffering, $450.00 in unreimbursed medical expenses, and $888.85
in lost wages. This represents all elements of compensation to which petitioner would be entitled
under 42 U.S.C. § 300aa-15(a). Petitioner agrees.

Case 1:21-vv-01389-UNJ Document 47 Filed 03/24/23 Page 4 of 5
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 $82,838.85, representing
compensation for all elements of economic and noneconomic damages, in the form of a check
payable to petitioner, Jerome Dacurawat.
III. Summary of Recommended Payment Following Judgment
Lump sum payable to petitioner, Jerome Dacurawat: $82,838.85.
Respectfully submitted,
BRIAN BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
LARA A. ENGLUND
Assistant Director
Torts Branch, Civil Division
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-01389-UNJ Document 47 Filed 03/24/23 Page 5 of 5
s/ Jennifer A. Shah
Jennifer A. Shah
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) 305-2181
Jennifer.shah@usdoj.gov
Dated: February 17, 2023
3