VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01607
Package ID: USCOURTS-cofc-1_21-vv-01607
Petitioner: Frank Burke
Filed: 2021-07-23
Decided: 2022-12-07
Vaccine: influenza
Vaccination date: 2019-09-29
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 206287

AI-assisted case summary:
Frank Burke 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 he received on September 29, 2019. The respondent conceded that Mr. Burke is entitled to compensation, as his case met the criteria for a Table injury, specifically GBS with onset between three and forty-two days after a seasonal flu vaccination, with no apparent alternative cause. The ruling on entitlement was issued on July 8, 2022. Subsequently, on October 20, 2022, the respondent filed a proffer on award of compensation, agreeing to an award of $206,287.67, which included $200,000.00 for pain and suffering and $6,287.67 for past unreimbursable expenses. Mr. Burke, who is a competent adult, agreed with this proffered award. The decision awarding damages was issued on December 7, 2022, granting the lump sum payment to Mr. Burke.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-01607-0
Date issued/filed: 2022-08-16
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 07/08/2022) regarding 25 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made.
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Case 1:21-vv-01607-UNJ Document 28 Filed 08/16/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-1607V
UNPUBLISHED
FRANK BURKE, Chief Special Master Corcoran
Petitioner, Filed: July 8, 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.
Danielle Strait, Maglio Christopher & Toale, PA, Seattle, WA, for Petitioner.
Steven Santayana, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On July 23, 2021, Frank Burke 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) resulting from
the adverse effects of influenza (flu) vaccination he received on September 29, 2019.
Petition at 1-2. Petitioner further alleges the vaccination was administered within the
United States, his vaccine-related injuries have lasted more than six months, and neither
he, nor any other party, has ever received compensation in the form of an award or
settlement of his vaccine-related injuries. Petition at 2-3. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
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-01607-UNJ Document 28 Filed 08/16/22 Page 2 of 2
On July 8, 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. 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”), which
afford petitioner 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 9. Respondent further agrees that “the records show that [P]etitioner timely
filed this case, received the flu vaccine in the United States, and satisfied the statutory
severity requirement by suffering GBS which resulted in inpatient hospitalization and
surgical intervention (tracheostomy). Therefore, based on the case record as it now
stands, [P]etitioner has satisfied all legal prerequisites for compensation under the Act.”
Id. (citations omitted).
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-01607-1
Date issued/filed: 2022-12-07
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 10/20/2022) regarding 38 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made.
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Case 1:21-vv-01607-UNJ Document 42 Filed 12/07/22 Page 1 of 5
CORRECTED
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-1607V
UNPUBLISHED
FRANK BURKE, Chief Special Master Corcoran
Petitioner, Filed: October 20, 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.
Danielle Strait, Maglio Christopher & Toale, PA, Seattle, WA, for Petitioner.
Steven Santayana, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On July 23, 2021, Frank Burke 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 (“GBS”) following
administration of an influenza vaccine administered on September 29, 2019. Petition at
2.The case was assigned to the Special Processing Unit of the Office of Special Masters.
On July 8, 2022, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for a GBS. On October 20, 2022, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $206,287.67
(comprised of $200,000.00 in pain and suffering and $6,287.67 in past unreimbursable
expenses). Proffer at 1. In the Proffer, Respondent represented that Petitioner agrees
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-01607-UNJ Document 42 Filed 12/07/22 Page 2 of 5
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 $206,287.67 (comprised of $200,000.00 in pain and suffering and
$6,287.67 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.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-01607-UNJ Document 42 Filed 12/07/22 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
FRANK BURKE, )
)
Petitioner, )
) No. 21-1607V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On July 23, 2021, Frank Burke (“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”), following administration of
an influenza vaccine he received on September 29, 2019. Petition at 2. On July 8, 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 GBS following
administration of the flu vaccine, and later the same day, the Chief Special Master issued a
Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 24; ECF No. 25.
Items of Compensation
Pain and Suffering
Respondent proffers that petitioner should be awarded $200,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:21-vv-01607-UNJ Document 42 Filed 12/07/22 Page 4 of 5
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 $6,287.67. See 42 U.S.C. § 300aa-15(a)(1)(B).
Petitioner agrees.
These amounts represent all elements of compensation to which petitioner is entitled
under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
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 $206,287.67, in the form of
a check payable to petitioner.
Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Frank Burke: $206,287.67
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
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-01607-UNJ Document 42 Filed 12/07/22 Page 5 of 5
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
TRACI R. PATTON
Assistant Director
Torts Branch, Civil Division
s/ Steven C. Santayana
STEVEN C. SANTAYANA
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) 451-7675
steven.c.santayana@usdoj.gov
Dated: October 20, 2022
3