VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01901
Package ID: USCOURTS-cofc-1_21-vv-01901
Petitioner: George Grace
Filed: 2021-09-24
Decided: 2022-11-16
Vaccine: influenza
Vaccination date: 2019-02-21
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 100979

AI-assisted case summary:
George Grace filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered from Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine he received on February 21, 2019. The respondent conceded that Mr. Grace's claim satisfies the Vaccine Injury Table criteria for GBS resulting from a seasonal flu vaccine, with onset occurring between three and forty-two days after vaccination, and that his injury lasted for more than six months. Based on the respondent's concession and the evidence of record, the Chief Special Master ruled that Mr. Grace was entitled to compensation. Subsequently, the parties submitted a proffer for an award of compensation. The respondent proffered that Mr. Grace should be awarded $100,979.82, comprised of $100,500.00 for pain and suffering and $479.82 for past out-of-pocket expenses. Mr. Grace agreed with this award. The court accepted the proffer and awarded Mr. Grace a lump sum payment of $100,979.82.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-01901-0
Date issued/filed: 2022-11-03
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/04/2022) regarding 28 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:21-vv-01901-UNJ Document 36 Filed 11/03/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-1901V
UNPUBLISHED
GEORGE GRACE, Chief Special Master Corcoran
Petitioner, Filed: October 4, 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.
Matthew F. Belanger, Faraci Lange, LLP, Rochester, NY, for Petitioner.
Naseem Kourosh, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On September 24, 2021, George Grace 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 that he suffered from Guillain-Barre Syndrom
(“GBS”) as a result of an influenza vaccine he received on February 21, 2019. Petition at
1. Petitioner further alleges “that his symptoms have persisted well beyond the six-month
period required to establish entitlement to compensation. Id. The case was assigned to
the Special Processing Unit of the Office of Special Masters.
On September 30, 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 “has concluded that Petitioner’s claim satisfies the
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-01901-UNJ Document 36 Filed 11/03/22 Page 2 of 2
Vaccine Injury Table criteria for GBS resulting from a seasonal flu vaccine, with onset
occurring between three and forty-two days after vaccination, with no more likely
alternative diagnosis and no preponderant alternative cause.” Id. at 7. Respondent further
agrees that “Petitioner’s injury lasted for more than six months.” 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-01901-1
Date issued/filed: 2022-11-16
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 10/14/2022) regarding 32 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:21-vv-01901-UNJ Document 39 Filed 11/16/22 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-1901V
UNPUBLISHED
GEORGE GRACE, Chief Special Master Corcoran
Petitioner, Filed: October 14, 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.
Matthew F. Belanger, Faraci Lange, LLP, Rochester, NY, for Petitioner.
Naseem Kourosh, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On September 24, 2021, George Grace 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 from Guillain-Barre Syndrome (“GBS”)
as a result of an influenza vaccine he received on February 21, 2019. Petition at ¶1. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On October 4, 2022, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for his GBS. ECF No. 28. On October 14, 2022, Respondent filed a
proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded
$100,979.82, comprised of $100,500.00 in pain and suffering and $479.82 in past out-of-
pocket expenses. Proffer at 1. 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.
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-01901-UNJ Document 39 Filed 11/16/22 Page 2 of 4
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $100,979.82, representing $100,500.00 in pain and suffering and
$479.82 in past unreimbursed 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-01901-UNJ Document 39 Filed 11/16/22 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
GEORGE GRACE,
Petitioner,
No. 21-1901V (ECF)
v.
Chief Special Master Corcoran
SECRETARY OF HEALTH
AND HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On September 24, 2021, George Grace (“petitioner”) filed a petition for compensation
under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (the
“Vaccine Act”). Petitioner alleged that petitioner suffered from Guillain-Barré Syndrome
resulting from an influenza vaccination. ECF No. 1 (Petition) at 1.
On September 30, 2022, respondent filed a report conceding that compensation under the
Vaccine Act is appropriate in this case. ECF No. 27.
On October 4, 2020, the Chief Special Master issued a Ruling on Entitlement, finding
that petitioner is entitled to compensation. ECF No. 28. On the same date, the Chief Special
Master issued a Damages Order. ECF No. 29.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$100,979.82. The award is comprised of the following: $100,500.00 for pain and suffering, and
$479.82 for past expenses. This amount represents all elements of compensation to which
petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award

Case 1:21-vv-01901-UNJ Document 39 Filed 11/16/22 Page 4 of 4
The parties recommend that compensation provided to petitioner should be made through
a lump sum payment of $100,979.82, in the form of a check payable to petitioner. Petitioner
agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
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
DARRYL R. WISHARD
Assistant Director
Torts Branch, Civil Division
/s/ Naseem Kourosh
NASEEM KOUROSH
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Benjamin Franklin Station
Washington, D.C. 20044-0146
Telephone: (202) 305-1159
E-mail: Naseem.Kourosh@usdoj.gov
DATED: October 14, 2022
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