VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01534
Package ID: USCOURTS-cofc-1_21-vv-01534
Petitioner: Billy Sword
Filed: 2021-07-01
Decided: 2022-12-27
Vaccine: influenza
Vaccination date: 2018-09-19
Condition: Guillain-Barre syndrome (GBS)
Outcome: compensated
Award amount USD: 240222

AI-assisted case summary:
Billy Sword 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 vaccine he received on September 19, 2018. The petition stated that the vaccine was administered in the United States, Mr. Sword suffered residual effects for more than six months, and no lawsuits had been filed. Following Mr. Sword's death on December 8, 2021, his wife, Barbara Sword, was named personal representative of his estate and substituted as the petitioner. The respondent conceded that Mr. Sword was entitled to compensation, as his GBS was a Table injury with onset within the specified timeframe and no apparent alternative cause. An entitlement ruling was issued on October 31, 2022. Subsequently, on November 16, 2022, the respondent filed a proffer agreeing to an award of $240,222.23, which included $240,000.00 for pain and suffering and $222.23 for past unreimbursable expenses. Petitioner agreed with this proffered award. The Chief Special Master issued a decision awarding this lump sum payment to Barbara Sword, as personal representative of the estate, on December 27, 2022.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-01534-0
Date issued/filed: 2022-12-07
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/31/2022) regarding 45 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made.
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Case 1:21-vv-01534-UNJ Document 53 Filed 12/07/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-1534V
UNPUBLISHED
BARBARA SWORD, personal Chief Special Master Corcoran
representative of ESTATE OF BILLY
SWORD, Filed: October 31, 2022
Petitioner, Special Processing Unit (SPU);
v. Ruling on Entitlement; Concession;
Table Injury; Influenza (Flu) Vaccine;
SECRETARY OF HEALTH AND Guillain-Barre Syndrome (GBS)
HUMAN SERVICES,
Respondent.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Sarah Black Rifkin, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On July 1, 2021, Billy Sword filed a petition for compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine
Act”).3 The petition alleges that Mr. Sword suffered Guillain-Barre syndrome (“GBS”) as
a result of an influenza (“flu”) vaccine received on September 19, 2018. Petition at 1. The
petition further alleges the vaccine was administered in the United States, Mr. Sword
suffered the residual effects of his injury for more than six months after the administration
of his flu vaccine, and no lawsuits have been filed or settled or awards accepted by
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).
3 Following Petitioner’s death, the court granted Petitioner’s motion to amend the caption to name his wife,
who had been named personal representative of his estate, as Petitioner (ECF No. 24).

Case 1:21-vv-01534-UNJ Document 53 Filed 12/07/22 Page 2 of 2
anyone, including Mr. Sword, for his vaccine-related injury. Petition at ¶¶ 30-32. The case
was assigned to the Special Processing Unit of the Office of Special Masters.
On October 31, 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 “Mr. Sword has satisfied the criteria set forth in the
recently revised Vaccine Injury Table (“Table”) and the Qualifications and Aids to
Interpretation (“QAI”), which afford Mr. Sword a presumption of causation if the onset of
GBS occurs between three and forty-two days after a seasonal flu vaccination and there
is no apparent alternative cause.” Id. at 11.
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-01534-1
Date issued/filed: 2022-12-27
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 11/17/2022) regarding 49 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made.
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Case 1:21-vv-01534-UNJ Document 54 Filed 12/27/22 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-1534V
UNPUBLISHED
BARBARA SWORD, personal Chief Special Master Corcoran
representative of ESTATE OF BILLY
SWORD, Filed: November 17, 2022
Petitioner, Special Processing Unit (SPU);
v. Damages Decision Based on Proffer;
Influenza (Flu) Vaccine; Guillain-
SECRETARY OF HEALTH AND Barre Syndrome (GBS)
HUMAN SERVICES,
Respondent.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Sarah Black Rifkin, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On July 1, 2021, Billy Sword filed a petition for compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine
Act”).3 The petition alleges that Mr. Sword suffered Guillain-Barre syndrome (“GBS”) as
a result of an influenza (“flu”) vaccine received on September 19, 2018. Petition at 1. The
petition further alleges the vaccine was administered in the United States, Mr. Sword
suffered the residual effects of his injury for more than six months after the administration
of his flu vaccine, and no lawsuits have been filed or settled or awards accepted by
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).
3 Following Mr. Sword’s death, the court granted Petitioner’s motion to amend the caption to name his wife,
who had been named personal representative of his estate, as Petitioner (ECF No. 24).

Case 1:21-vv-01534-UNJ Document 54 Filed 12/27/22 Page 2 of 5
anyone, including Mr. Sword, for his vaccine-related injury. Petition at ¶¶ 30-32. The case
was assigned to the Special Processing Unit of the Office of Special Masters.
On October 31, 2022, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for GBS. On November 16, 2022, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $240,222.23. Proffer
at 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 $240,222.23 (comprised of $240,000.00 in pain and suffering
damages and $222.23 in past unreimbursable expenses) 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.4
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
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

Case 1:21-vv-01534-UNJ Document 54 Filed 12/27/22 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
BARBARA SWORD, personal representative
of the estate of BILLY SWORD, deceased,
No. 21-1534V (ECF)
Petitioner, Chief Special Master Corcoran
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On July 1, 2021, Billy Sword 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. The petition alleged that Mr. Sword suffered Guillain-Barré syndrome (“GBS”) as
a result of an influenza (“flu”) vaccine administered to him on September 19, 2018. Petition at 1.
Mr. Sword died of cardiac arrest on December 8, 2021. See Exhibit (“Ex.”) 24 at 2-3; Ex. 21.
His wife, Barbara Sword (“petitioner”), was subsequently named personal representative of his
estate and substituted as the petitioner.1 See Ex. 20.
On October 31, 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. ECF No. 44. That same day, the Chief Special Master issued a
Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 45.
1 On April 26, 2022, the Court granted petitioner’s motion to amend the case caption. ECF Nos.
22, 24.

Case 1:21-vv-01534-UNJ Document 54 Filed 12/27/22 Page 4 of 5
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $240,000.00 in pain and suffering
damages. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that she incurred past unreimbursable
expenses related to Mr. Sword’s vaccine-related injury. Respondent proffers that petitioner
should be awarded past unreimbursable expenses in the amount of $222.23. See 42 U.S.C. §
300aa-15(a)(1)(B). 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 following: a lump sum payment of $240,222.23, in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Barbara Sword: $240,222.23
2

Case 1:21-vv-01534-UNJ Document 54 Filed 12/27/22 Page 5 of 5
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
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/Sarah B. Rifkin
SARAH B. RIFKIN
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) 305-5997
Sarah.Rifkin@usdoj.gov
Dated: November 16, 2022
3