VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01979
Package ID: USCOURTS-cofc-1_21-vv-01979
Petitioner: Dale J. Gabor
Filed: 2021-10-07
Decided: 2023-03-30
Vaccine: influenza
Vaccination date: 2020-10-03
Condition: Guillain-Barre syndrome (GBS)
Outcome: compensated
Award amount USD: 537237

AI-assisted case summary:
On October 7, 2021, Dale J. Gabor filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he developed Guillain-Barré syndrome (GBS) as a result of an influenza vaccine administered on October 3, 2020. Mr. Gabor died on October 28, 2021, and his wife, Linda M. Gabor, was substituted as the petitioner as the administrator of his estate. The respondent filed a Rule 4(c) report conceding that the petitioner was entitled to compensation. The respondent agreed that the petitioner satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation, that the case was timely filed, that the vaccination occurred in the United States, that Mr. Gabor's death from GBS satisfied the statutory severity requirement, and that there was no evidence of an unrelated factor being a more likely cause of his injuries and death. On January 20, 2023, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding the petitioner entitled to compensation. Subsequently, on February 27, 2023, a proffer on the award of compensation was filed. The respondent proffered that the petitioner should be awarded $537,237.25 for all damages, including $250,000.00 for pain and suffering, $250,000.00 for the death benefit, and $37,237.25 for unreimbursable medical expenses. The petitioner agreed with the proffered award. On March 30, 2023, Chief Special Master Corcoran issued a decision awarding the petitioner a lump sum payment of $537,237.25, comprised of the aforementioned amounts, in the form of a check payable to the petitioner. Petitioner counsel was Richard C. Alkire, Sr. Respondent counsel was Madelyn Weeks. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the specific mechanism of causation beyond it being a Table injury. The decision also does not name any medical experts.

Theory of causation field:
Petitioner Dale J. Gabor alleged Guillain-Barré syndrome (GBS) following an influenza vaccine administered on October 3, 2020. Mr. Gabor died on October 28, 2021, and his wife, Linda M. Gabor, was substituted as petitioner. Respondent conceded that GBS is a Table injury, that the injury occurred within the Table timeframe, that the case was timely filed, that the vaccination occurred in the United States, that Mr. Gabor's death from GBS satisfied the statutory severity requirement, and that no unrelated factor was a more likely cause of his injuries and death. Entitlement was granted on January 20, 2023, by Chief Special Master Brian H. Corcoran. A damages decision was issued on March 30, 2023, awarding a total of $537,237.25, including $250,000.00 for pain and suffering, $250,000.00 for the death benefit, and $37,237.25 for unreimbursable medical expenses, based on a proffer agreed to by both parties. Petitioner counsel was Richard C. Alkire, Sr.; respondent counsel was Madelyn Weeks. The public text does not specify the medical mechanism of causation or name any medical experts.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-01979-0
Date issued/filed: 2023-02-22
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/20/2023) regarding 26 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:21-vv-01979-UNJ Document 29 Filed 02/22/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-1979V
UNPUBLISHED
LINDA M. GABOR, as Administrator of Chief Special Master Corcoran
the Estate of Dale J. Gabor, deceased,
Filed: January 20, 2023
Petitioner,
v. Special Processing Unit (SPU);
Ruling on Entitlement; Concession;
SECRETARY OF HEALTH AND Table Injury; Influenza (Flu) Vaccine;
HUMAN SERVICES, Guillain-Barre Syndrome (GBS)
Respondent.
Richard C. Alkire, Sr., Buckley King, Cleveland, OH, for Petitioner.
Madelyn Weeks, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On October 7, 2021, Dale Gabor filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”). Mr. Gabor alleged that he developed Guillain-Barré syndrome (“GBS”) as
a result of an influenza (“flu”) vaccine that was administered to him on October 3, 2020.
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters. Mr. Gabor died on October 28, 2021 and his wife, Linda Gabor
(“Petitioner”), was substituted as petitioner on June 16, 2022. See ECF Nos. 12, 18.
On January 19, 2023, 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 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-01979-UNJ Document 29 Filed 02/22/23 Page 2 of 2
1. Specifically, Respondent agrees that Petitioner has satisfied the criteria set forth in the
Vaccine Injury Table and the Qualifications and Aids to Interpretation. Id. at 5.
Respondent further agrees that “the case was timely filed, that Mr. Gabor received his
vaccination in the United States, that his death from GBS satisfies the statutory severity
requirement, and there is also no evidence of a factor unrelated that is a more likely cause
of his injuries and death.” Id. at 5-6.
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-01979-1
Date issued/filed: 2023-03-30
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 02/27/2023) 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-01979-UNJ Document 32 Filed 03/30/23 Page 1 of 5
CORRECTED
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-1979V
UNPUBLISHED
LINDA M. GABOR, as Administrator of Chief Special Master Corcoran
the Estate of Dale J. Gabor, deceased,
Filed: February 27, 2023
Petitioner,
v. Special Processing Unit (SPU);
Damages Decision Based on Proffer;
SECRETARY OF HEALTH AND Influenza (Flu) Vaccine; Guillain-
HUMAN SERVICES, Barre Syndrome (GBS)
Respondent.
Richard C. Alkire, Sr., Buckley King, Cleveland, OH, for Petitioner.
Madelyn Weeks, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On October 7, 2021, Dale Gabor filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”). Mr. Gabor alleged that he developed Guillain-Barré syndrome (“GBS”) as
a result of an influenza (“flu”) vaccine that was administered to him on October 3, 2020.
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On January 20, 2023, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for GBS. On February 27, 2023, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $537,237.25 for all
damages (including $250,000.00 for pain and suffering, $250,000.00 for the death benefit,
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-01979-UNJ Document 32 Filed 03/30/23 Page 2 of 5
and $37,237.25 for unreimbursable medical expenses). 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 $537,237.25 (comprised of $250,000.00 for pain and suffering,
$250,000.00 for the death benefit, and $37,237.25 for unreimbursable medical
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-01979-UNJ Document 32 Filed 03/30/23 Page 3 of 5
THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
LINDA M. GABOR, as Administrator of the
Estate of DALE J. GABOR, deceased,
Petitioner,
No. 21-1979V
v. Chief Special Master Brian H. Corcoran
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On October 7, 2021, Dale Gabor filed a petition for compensation (“petition”) under the
National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34, as amended. Mr.
Gabor alleged that, as a result of receiving the influenza vaccine on October 3, 2020, he suffered
from Guillain-Barre Syndrome (GBS). See Petition. Mr. Gabor died on October 28, 2021, and
his wife, Linda Gabor (“petitioner”), was substituted as petitioner on June 16, 2022. On January
19, 2023, respondent filed his Vaccine Rule 4(c) report, concluding that petitioner suffered GBS
as defined by the Vaccine Injury Table, within the Table timeframe, and that Mr. Gabor’s death
from GBS satisfied the severity requirement. On January 20, 2023, Chief Special Master
Corcoran issued a ruling on entitlement, finding that petitioner was entitled to compensation for
a GBS Table injury.
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-01979-UNJ Document 32 Filed 03/30/23 Page 4 of 5
II. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
a lump sum of $537,237.25, for all damages, including $250,000.00 representative of pain and
suffering; $250,000.00 for the death benefit; and $37,237.25 representative of unreimbursable
medical expenses. This amount represents all elements of compensation to which petitioner is
entitled under 42 U.S.C. § 300aa-15(a) regarding Dale Gabor’s October 3, 2020, flu vaccination.
Petitioner agrees.
III. Form of the Award
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 $537,237.25 in
the form of a check payable to petitioner. Petitioner agrees.
Petitioner represents that petitioner presently is, or within 90 days of the date of judgment
will become, duly authorized to serve as the legal representative of Dale Gabor’s estate under the
laws of the State of Ohio. No payments pursuant to this Proffer shall be made until petitioner
provides the Secretary with documentation establishing petitioner’s appointment as legal
representative of Mr. Gabor’s estate. If petitioner is not authorized by a court of competent
jurisdiction to serve as legal representative of the estate of Dale Gabor at the time a payment
pursuant to this Proffer is to be made, any such payment shall be paid to the party or parties
appointed by a court of competent jurisdiction to serve as legal representative of the estate of
Dale Gabor upon submission of written documentation of such appointment to the Secretary.
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General

Case 1:21-vv-01979-UNJ Document 32 Filed 03/30/23 Page 5 of 5
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/ MADELYN E. WEEKS
MADELYN E. WEEKS
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) 305-3262
madelyn.e.weeks@usdoj.gov
Dated: February 27, 2023