VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01788
Package ID: USCOURTS-cofc-1_21-vv-01788
Petitioner: Steven Peterson
Filed: 2021-09-01
Decided: 2023-05-04
Vaccine: influenza
Vaccination date: 2019-10-09
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 170291

AI-assisted case summary:
Steven Peterson 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 October 9, 2019. The petition stated that his symptoms persisted for more than six months. Respondent filed a Rule 4(c) report conceding that Mr. Peterson is entitled to compensation, agreeing that he satisfied the criteria set forth in the Vaccine Injury Table and Qualifications and Aids to Interpretation, which afford a presumption of causation for GBS. A ruling on entitlement was issued on August 31, 2022, finding Mr. Peterson entitled to compensation. Subsequently, on March 31, 2023, Respondent filed a proffer on award of compensation, recommending an award of $170,291.00, which Petitioner agreed to. This amount was comprised of $152,500.00 for pain and suffering, $11,040.35 for past unreimbursable expenses, and $6,750.65 for past lost wages. The decision awarding damages was issued on May 4, 2023, granting the lump sum payment to Mr. Peterson, who is a competent adult.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-01788-0
Date issued/filed: 2022-10-03
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/31/2022) regarding 22 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:21-vv-01788-UNJ Document 25 Filed 10/03/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-1788V
UNPUBLISHED
STEVEN PETERSON, Chief Special Master Corcoran
Petitioner, Filed: August 31, 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.
Laura Levenberg, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Martin Conway Galvin, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On September 1, 2021, Steven Peterson 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”) as a
result of an influenza (“flu”) vaccine received on October 9, 2019. Petition at 1. Petitioner
further alleges he received the vaccine in the United States, his symptoms persisted for
more than six months, and neither Petitioner nor any other party has ever filed an action,
or received compensation in the form of an award or settlement, for Petitioner’s vaccine-
related injury. Petition at ¶¶ 1, 14-16. 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-01788-UNJ Document 25 Filed 10/03/22 Page 2 of 2
On August 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 agrees that Petitioner has satisfied the criteria set forth in the
Vaccine Injury Table and Qualifications and Aids to Interpretation, 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.
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-01788-1
Date issued/filed: 2023-05-04
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 04/03/2023) regarding 31 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:21-vv-01788-UNJ Document 35 Filed 05/04/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-1788V
UNPUBLISHED
STEVEN PETERSON, Chief Special Master Corcoran
Petitioner, Filed: April 3, 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.
Laura Levenberg, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Martin Conway Galvin, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On September 1, 2021, Steven Peterson 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”) as a
result of an influenza (“flu”) vaccine received on October 9, 2019. Petition at 1. Petitioner
further alleges he received the vaccine in the United States, his symptoms persisted for
more than six months, and neither Petitioner nor any other party has ever filed an action,
or received compensation in the form of an award or settlement, for Petitioner’s vaccine-
related injury. Petition at ¶¶ 1, 14-16. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On August 31, 2022, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for GBS. On March 31, 2023, Respondent filed a proffer on award of
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-01788-UNJ Document 35 Filed 05/04/23 Page 2 of 5
compensation (“Proffer”) indicating Petitioner should be awarded $170,291.00. 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 $170,291.00 (comprised of $152,500.00 in pain and suffering,
$11,040.35 in past unreimbursable expenses, and $6,750.65 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-01788-UNJ Document 35 Filed 05/04/23 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
STEVEN PETERSON, )
)
Petitioner, )
) No. 21-1788
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On September 1, 2021, Steven Peterson (“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-Barre Syndrome (“GBS”) caused by
his receipt of an influenza vaccination on October 9, 2019. Petition at 1. On August 21, 2022,
the Secretary of Health and Human Services (“respondent”) filed his Rule 4(c) report concluding
that petitioner suffered GBS as defined by the Vaccine Injury Table, within the Table timeframe,
and that this case is appropriate for compensation. ECF No. 21. On the same date, the Chief
Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF
No. 22; ECF No. 23.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $152,500.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:21-vv-01788-UNJ Document 35 Filed 05/04/23 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 $11,040.35. 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.
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 $6,750.65. 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 and requests that the Chief Special Master’s decision and the Court’s
judgment award the following1: a lump sum payment of $170,291.00, representing economic and
noneconomic damages, in the form of a check payable to petitioner, Steven Peterson.
III. Summary of Recommended Payment Following Judgment
Lump sum award payable to petitioner, Steven Peterson: $170,291.00.
1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court
for appropriate relief.
2

Case 1:21-vv-01788-UNJ Document 35 Filed 05/04/23 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
LARA A. ENGLUND
Assistant Director
Torts Branch, Civil Division
/s/ Martin C. Galvin
MARTIN C. GALVIN
Trial Attorney, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 305-3071
Martin.Galvin@usdoj.gov
Dated: March 31, 2023
3