VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-02059
Package ID: USCOURTS-cofc-1_21-vv-02059
Petitioner: William Mallard
Filed: 2021-10-22
Decided: 2022-09-21
Vaccine: influenza
Vaccination date: 2018-10-26
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 165000

AI-assisted case summary:
William Mallard 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 administered on October 26, 2018. The petition stated that the vaccination was administered in the United States, that he suffered residual effects for more than six months, and that he had not received other compensation for his injury. Respondent filed a Rule 4(c) report conceding that Petitioner is entitled to compensation, finding that he satisfied the criteria for GBS following a flu vaccination as set forth in the Vaccine Injury Table. Based on this concession and the evidence, a ruling on entitlement was issued finding Petitioner entitled to compensation. Subsequently, Respondent filed a proffer on award of compensation, recommending an award of $165,000.00 in pain and suffering damages, which Petitioner agreed to. The Chief Special Master awarded Petitioner a lump sum payment of $165,000.00.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-02059-0
Date issued/filed: 2022-07-14
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/13/2022) regarding 21 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:21-vv-02059-UNJ Document 25 Filed 07/14/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-2059V
UNPUBLISHED
WILLIAM MALLARD, Chief Special Master Corcoran
Petitioner, Filed: June 13, 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.
Celia Farrar Hastings, Greg Coleman Law, PC, Knoxville, TN, for Petitioner.
Sarah Black Rifkin, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On October 22, 2021, William Mallard 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 administered on October 26, 2018. Petition at 1.
Petitioner further alleges that the vaccination was administered within the United States,
that he has suffered the residual effects of his injury for more than six months, and that
Petitioner has not received compensation in the form of an award or settlement for his
injury. Petition at 1-3. 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-02059-UNJ Document 25 Filed 07/14/22 Page 2 of 2
On June 6, 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 concluded that Petitioner has satisfied the criteria set for in the
Vaccine Injury Table and the Qualifications and Aids to Interpretation for GBS following a
flu vaccination. Id. at 7.
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-02059-1
Date issued/filed: 2022-09-21
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 08/19/2022) regarding 29 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:21-vv-02059-UNJ Document 30 Filed 09/21/22 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-2059V
UNPUBLISHED
WILLIAM MALLARD, Chief Special Master Corcoran
Petitioner, Filed: August 19, 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.
Celia Farrar Hastings, Greg Coleman Law, PC, Knoxville, TN, for Petitioner.
Sarah Black Rifkin, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On October 22, 2021, William Mallard 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”) as a
result of an influenza (“flu”) vaccine administered on October 26, 2018. Petition at 1. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On June 13, 2022, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for GBS. On August 18, 2022, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $165,000.00 in pain and
suffering damages. 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-02059-UNJ Document 30 Filed 09/21/22 Page 2 of 4
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $165,000.00 (for pain and suffering) 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-02059-UNJ Document 30 Filed 09/21/22 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
WILLIAM MALLARD,
Petitioner, No. 21-2059V (ECF)
Chief Special Master Corcoran
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On October 22, 2021, William Mallard (“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”), as amended. Petitioner alleges that he suffered Guillain-Barré
syndrome (“GBS”) as a result of an influenza (“flu”) vaccine administered to him on October 26,
2018. Petition at 1.
On June 6, 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 GBS Table injury, and on June 13, 2022, the Chief Special Master issued a Ruling on
Entitlement finding petitioner entitled to compensation. ECF Nos. 20 and 21.
I. Items of Compensation
Respondent proffers that petitioner should be awarded $165,000.00 in pain and suffering
damages. See 42 U.S.C. § 300aa-15(a)(4). This amount represents all elements of compensation
to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.

Case 1:21-vv-02059-UNJ Document 30 Filed 09/21/22 Page 4 of 4
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 $165,000.00, in the form of
a check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, William Mallard: $165,000.00
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
LARA A. ENGLUND
Assistant Director
Torts Branch, Civil Division
s/Sarah B. Rifkin
SARAH B. RIFKIN
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) 305-5997
Dated: August 18, 2022 Sarah.Rifkin@usdoj.gov
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 lost earnings
and future pain and suffering.
2