VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01454
Package ID: USCOURTS-cofc-1_21-vv-01454
Petitioner: Gary Koelder
Filed: 2021-06-09
Decided: 2023-03-27
Vaccine: influenza
Vaccination date: 2019-12-09
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 297783

AI-assisted case summary:
Gary Koelder filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered from Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine he received on December 9, 2019. The respondent conceded that Mr. Koelder is entitled to compensation, agreeing that his GBS is a Table injury with onset between three and forty-two days after the vaccine, with no more likely alternative diagnosis or apparent alternative cause. The respondent also agreed that the residual effects of his GBS lasted more than six months. Based on this concession and the evidence of record, the court found Mr. Koelder entitled to compensation. Subsequently, the parties submitted a proffer on the award of compensation. The respondent recommended an award of $297,783.88, which included $180,000.00 for pain and suffering, $5,028.91 for past unreimbursable expenses, and $112,754.97 for past lost wages. Mr. Koelder agreed with this proffered award. The court accepted the proffer and awarded Mr. Koelder the lump sum of $297,783.88.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-01454-0
Date issued/filed: 2022-06-24
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 05/23/2022) regarding 18 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:21-vv-01454-UNJ Document 20 Filed 06/24/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-1454V
UNPUBLISHED
GARY KOELDER, Chief Special Master Corcoran
Petitioner, Filed: May 23, 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.
Jessi Carin Huff, Maglio, Christopher & Toale, Seattle, WA, for Petitioner.
Matthew Murphy, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On June 9, 2021, Gary Koelder 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 from Guillain-Barre Syndrome (“GBS”) as a result
of an influenza vaccine he received on December 9, 2019. Petition at ¶¶ 2, 4, 18.
Petitioner further alleges that his vaccine injury has lasted more than six months. Petition
at ¶12. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On May 19, 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 Respondent’s position that Petitioner suffered
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-01454-UNJ Document 20 Filed 06/24/22 Page 2 of 2
from GBS, and that he has satisfied the criteria set forth in the Vaccine Injury Table
(“Table”) and the Qualifications and Aids to Interpretation (“QAI”) which afford him a
presumption of vaccine causation if the onset of GBS occurs between three and forty-two
days after a seasonal flu vaccine and there is no more likely alternative diagnosis and no
apparent alternative cause. Id. at 10. Respondent further agrees that “the medical records
demonstrate that Petitioner has experienced the residual effects of his GBS for more than
six months.” 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-01454-1
Date issued/filed: 2023-03-27
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 02/22/2023) regarding 43 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:21-vv-01454-UNJ Document 51 Filed 03/27/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-1454V
UNPUBLISHED
GARY KOELDER, Chief Special Master Corcoran
Petitioner, Filed: February 22, 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.
Jessi Carin Huff, Maglio Christopher & Toale, Seattle, WA, for Petitioner.
Matthew Murphy, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On June 9, 2021, Gary Koelder 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 from Guillain-Barre Syndrome (“GBS”) as a result
of an influenza vaccination he received on December 9, 2019. Petition at ¶¶ 1, 6. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On May 23, 2022, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for his GBS. On February 21, 2023, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $297,783.88,
representing $180,000.00 in pain and suffering, $5,028.91 in past unreimbursable
expenses, and $112,754.97 in past lost wages. 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.
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-01454-UNJ Document 51 Filed 03/27/23 Page 2 of 5
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $297,783.88, representing $180,000.00 in pain and suffering,
$5,028.91 in past unreimbursable expenses, and $112,754.97 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-01454-UNJ Document 51 Filed 03/27/23 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
GARY KOELDER, )
)
Petitioner, )
) No. 21-1454V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
___________________________________ )
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On June 9, 2021, Gary Koelder (“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”), alleging that he suffered Guillain-Barré Syndrome (“GBS”), as defined in the Vaccine
Injury Table, following administration of an influenza vaccine he received on December 9, 2019.
Petition at 1, 3. On May 23, 2022, the Secretary of Health and Human Services (“respondent”)
filed a Rule 4(c) Report indicating that this case is appropriate for compensation under the terms
of the Act for a GBS Table injury, and on the same day, the Chief Special Master issued a Ruling
on Entitlement finding petitioner entitled to compensation. ECF No. 18; ECF No. 19.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $180,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:21-vv-01454-UNJ Document 51 Filed 03/27/23 Page 4 of 5
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that he incurred past unreimbursable expenses
related to his vaccine-related injury. Respondent proffers that petitioner should be awarded past
unreimbursable expenses in the amount of $5,028.91. See 42 U.S.C. § 300aa-15(a)(1)(B).
Petitioner agrees.
C. Lost Wages
Evidence supplied by petitioner documents that he incurred past lost wages related to his
vaccine-related injury. Respondent proffers that petitioner should be awarded past lost wages in
the amount of $112,754.97. 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 $297,783.88, in the form of
a check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Gary Koelder: $297,783.88
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,
unreimbursed expenses, future lost earnings and future pain and suffering.
2

Case 1:21-vv-01454-UNJ Document 51 Filed 03/27/23 Page 5 of 5
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
/s/ Matthew L. Murphy
MATTHEW L. MURPHY
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
(202) 598-3895
matthew.murphy@usdoj.gov
DATED: February 21, 2023
3