VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01799
Package ID: USCOURTS-cofc-1_21-vv-01799
Petitioner: Amanda Breshears
Filed: 2021-09-02
Decided: 2023-03-24
Vaccine: influenza
Vaccination date: 2018-11-09
Condition: Guillain-Barré syndrome (GBS)
Outcome: compensated
Award amount USD: 98967

AI-assisted case summary:
Amanda Breshears filed a petition on September 2, 2021, alleging that she suffered Guillain-Barré syndrome (GBS) as a result of an influenza vaccine received on November 9, 2018. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Breshears met the criteria for a Table injury under the Vaccine Injury Table, which affords a presumption of causation. The respondent's concession stated that GBS onset occurred between three and forty-two days after the vaccination, with no more likely alternative diagnosis or apparent alternative cause. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on September 6, 2022, finding Ms. Breshears entitled to compensation. Subsequently, on February 14, 2023, the respondent filed a Proffer on Award of Compensation. The proffer recommended a total award of $98,967.26, comprising $92,500.00 for pain and suffering, $2,217.19 for past unreimbursable expenses, and $4,250.07 for past lost wages. The petitioner agreed with the proffered award. On March 24, 2023, Chief Special Master Corcoran issued a Decision Awarding Damages, granting the lump sum payment of $98,967.26 to Ms. Breshears. Petitioner was represented by Laura Levenberg of Muller Brazil, LLP, and respondent was represented by Austin Joel Egan of the U.S. Department of Justice. The public decision does not describe the specific onset date of GBS, the symptoms, diagnostic tests, treatments, or the medical expert testimony.

Theory of causation field:
Petitioner Amanda Breshears alleged Guillain-Barré syndrome (GBS) following an influenza vaccine administered on November 9, 2018. The respondent conceded that the injury met the criteria for a Table injury under the Vaccine Injury Table, providing a presumption of causation. This concession was based on the criteria that GBS onset occurred between three and forty-two days after the vaccination, with no more likely alternative diagnosis and no apparent alternative cause. The respondent's Rule 4(c) Report and subsequent Proffer on Award of Compensation were accepted by the Chief Special Master. A Ruling on Entitlement was issued on September 6, 2022, finding Petitioner entitled to compensation. On March 24, 2023, Chief Special Master Brian H. Corcoran awarded Petitioner a lump sum of $98,967.26, consisting of $92,500.00 for pain and suffering, $2,217.19 for past unreimbursable expenses, and $4,250.07 for past lost wages. Petitioner was represented by Laura Levenberg (Muller Brazil, LLP) and Respondent by Austin Joel Egan (U.S. Department of Justice). The public text does not detail specific medical experts, the mechanism of injury, or alternative medical theories.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-01799-0
Date issued/filed: 2022-10-07
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 09/06/2022) regarding 35 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:21-vv-01799-UNJ Document 38 Filed 10/07/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-1799V
UNPUBLISHED
AMANDA BRESHEARS, Chief Special Master Corcoran
Petitioner, Filed: September 6, 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.
Austin Joel Egan, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On September 2, 2021, Amanda Breshears 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 she suffered Guillain-Barré syndrome (“GBS”) as a
result of an influenza (“flu”) vaccine she received on November 9, 2018. Petition at 1.
Petitioner further alleges that her injury lasted for more than six months. Petition at ¶10.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On September 2, 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 “petitioner has satisfied the criteria
set forth in the revised Vaccine Injury Table (‘Table’) and the Qualifications and Aids to
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-01799-UNJ Document 38 Filed 10/07/22 Page 2 of 2
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 more likely alternative diagnosis and 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-01799-1
Date issued/filed: 2023-03-24
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 02/15/2023) regarding 44 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:21-vv-01799-UNJ Document 48 Filed 03/24/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-1799V
UNPUBLISHED
AMANDA BRESHEARS, Chief Special Master Corcoran
Petitioner, Filed: February 15, 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.
Austin Joel Egan, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On September 2, 2021, Amanda Breshears 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 she suffered Guillain-Barré syndrome
(“GBS”) as a result of an influenza (“flu”) vaccine she received on November 9, 2018.
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On September 6, 2022, a ruling on entitlement was issued, finding Petitioner
entitled to compensation. On February 14, 2023, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded a total of $98,967.26
(consisting of $92,500.00 in pain and suffering, $2,217.19 in past unreimbursable
expenses, and $4,250.07 in past lost wages). Proffer at 1-2. In the Proffer, Respondent
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-01799-UNJ Document 48 Filed 03/24/23 Page 2 of 5
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 $98,967.26 (consisting of $92,500.00 in pain and suffering,
$2,217.19 in past unreimbursable expenses, and $4,250.07 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-01799-UNJ Document 48 Filed 03/24/23 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
AMANDA BRESHEARS, )
)
Petitioner, )
) No. 21-1799V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On September 2, 2021, Amanda Breshears (“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 she suffered from Guillain-Barré syndrome
(“GBS”), as defined in the Vaccine Injury Table, following administration of an influenza (“flu”)
vaccine she received on November 9, 2018. Pet. at 1. On September 2, 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 Table GBS injury, and on
September 6, 2022, the Chief Special Master issued a Ruling on Entitlement finding petitioner
entitled to compensation. ECF Nos. 33, 35.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $92,500.00 in pain and suffering.
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

Case 1:21-vv-01799-UNJ Document 48 Filed 03/24/23 Page 4 of 5
expenses related to her vaccine-related injury. Respondent proffers that petitioner should be
awarded past unreimbursable expenses in the amount of $2,217.19. See 42 U.S.C. § 300aa-
15(a)(1)(B). Petitioner agrees.
C. Lost Wages
Evidence supplied by petitioner documents that she incurred past lost wages related to
her vaccine-related injury. Respondent proffers that petitioner should be awarded past lost
wages in the amount of $4,250.07. 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 $98,967.26, in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Amanda Breshears: $98,967.26
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 unreimbursed
expenses, future lost earnings, and future pain and suffering.
2

Case 1:21-vv-01799-UNJ Document 48 Filed 03/24/23 Page 5 of 5
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
LARA A. ENGLUND
Assistant Director
Torts Branch, Civil Division
/s/ AUSTIN J. EGAN
Austin J. Egan
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Ben Franklin Station
Washington, DC 20044-0146
Tel: (202) 451-7479
Austin.J.Egan@usdoj.gov
Date: February 14, 2023
3