VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01868
Package ID: USCOURTS-cofc-1_21-vv-01868
Petitioner: Thomas Tiver, Jr.
Filed: 2021-09-17
Decided: 2023-03-10
Vaccine: influenza
Vaccination date: 2018-11-15
Condition: Guillain-Barré Syndrome (GBS)
Outcome: compensated
Award amount USD: 156673

AI-assisted case summary:
Thomas Tiver, Jr. filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered Guillain-Barré Syndrome (GBS) after receiving an influenza vaccine on November 15, 2018. He stated that he received the vaccine in the United States, suffered residual effects for more than six months, and had not filed a civil action or received other compensation. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Mr. Tiver was entitled to compensation. The respondent agreed that Mr. Tiver satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation, and that he met all legal prerequisites for compensation. Subsequently, a ruling on entitlement was issued finding Mr. Tiver entitled to compensation. The parties then reached a stipulation for damages. The respondent proffered an award of $156,673.56, which included $147,500.00 for past pain and suffering, $83.56 for past unreimbursable expenses, and $9,090.00 for past lost wages. Mr. Tiver agreed with this proffered award. The Chief Special Master issued a decision awarding Mr. Tiver the lump sum of $156,673.56.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-01868-0
Date issued/filed: 2022-10-28
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 09/27/2022) regarding 39 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:21-vv-01868-UNJ Document 42 Filed 10/28/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-1868V
UNPUBLISHED
THOMAS TIVER, JR., Chief Special Master Corcoran
Petitioner, Filed: September 27, 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.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Nina Ren, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On September 17, 2021, Thomas Tiver, Jr. 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”), a
defined Table injury, after receiving an influenza (“flu”) vaccine on November 15, 2018.3
Petition at 1, ¶¶ 2, 28. Petitioner further alleges that he received the vaccine within the
United States, suffered the residual effects of his GBS for more than six months, and that
neither he nor any other party has filed a civil action or received compensation for his
GBS. Petition at ¶¶ 29-31. 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).
3 Petitioner also received a tetanus, diphtheria, acellular pertussis vaccine. Petition at ¶ 2; Exhibit 9 at 55-
56.

Case 1:21-vv-01868-UNJ Document 42 Filed 10/28/22 Page 2 of 2
On September 26, 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 believes that “[P]etitioner has satisfied the criteria
set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation.” Id.
at 7. Respondent further agrees that “based on the record as it now stands, [P]etitioner
has satisfied all legal prerequisites for compensation under the Act.” 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-01868-1
Date issued/filed: 2023-03-10
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 02/06/2023) regarding 49 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:21-vv-01868-UNJ Document 53 Filed 03/10/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-1868V
UNPUBLISHED
THOMAS TIVER, JR., Chief Special Master Corcoran
Petitioner, Filed: February 6, 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.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Nina Ren, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On September 17, 2021, Thomas Tiver, Jr. 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”), a
defined Table injury, after receiving an influenza (“flu”) vaccine on November 15, 2018.3
Petition at 1, ¶¶ 2, 28. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On September 27, 2022, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for his GBS. On February 6, 2023, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $156,673.56,
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 Petitioner also received a tetanus, diphtheria, acellular pertussis vaccine. Petition at ¶ 2; Exhibit 9 at 55-
56.

Case 1:21-vv-01868-UNJ Document 53 Filed 03/10/23 Page 2 of 5
representing compensation in the amounts of $147,500.00 for his past pain and suffering,
$83.56 for his past unreimbursable expenses, and $9,090.00 for his past lost wages.
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 $156,673.56, representing compensation in the amounts of
$147,500.00 for his actual pain and suffering, $83.56 for his actual unreimbursable
expenses, and $9,090.00 for his actual 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.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-01868-UNJ Document 53 Filed 03/10/23 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
THOMAS TIVER, JR.,
Petitioner,
v. No. 21-1868V
Chief Special Master Corcoran
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On September 17, 2021, petitioner, Thomas Tiver, Jr., filed a petition for compensation
under the National Childhood Vaccine Injury Act of 1986, as amended (the “Vaccine Act”), 42
U.S.C. §§ 300aa-1 to -34, alleging that he developed Guillain-Barré Syndrome (“GBS”) from the
influenza (“flu”) vaccine he received on November 15, 2018. See Petition.
On September 26, 2022, respondent, the Secretary of Health and Human Services, filed a
Rule 4(c) Report, concluding that petitioner suffered GBS as defined by the Vaccine Injury
Table, within the Table timeframe. ECF No. 38. On September 27, 2022, the Chief Special
Master issued a Ruling on Entitlement finding petitioner entitled to compensation for a GBS
Table injury. ECF No. 39.
1 This Proffer does not include attorneys’ fees and costs, which the parties intend to address after
the Damages Decision is issued.

Case 1:21-vv-01868-UNJ Document 53 Filed 03/10/23 Page 4 of 5
II. Items of Compensation
a. Pain and Suffering
Based on the record evidence, respondent proffers that petitioner should be awarded
$147,500.00 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 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 $83.56. 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 $9,090.00. 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.
III. 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 $156,673.56, in the form
of a check payable to petitioner.2 Petitioner agrees.
2 Should petitioner die prior to entry of judgment, respondent would oppose any award for
future medical expenses, future lost earnings, and future pain and suffering, and the parties
reserve the right to move the Court for appropriate relief.
2

Case 1:21-vv-01868-UNJ Document 53 Filed 03/10/23 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/ NINA Y. REN
NINA Y. REN
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington D.C. 20044-0146
(202) 451-7499
Nina.Ren@usdoj.gov
DATED: February 6, 2023
3