VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-02132
Package ID: USCOURTS-cofc-1_21-vv-02132
Petitioner: Jason R. Kinsey
Filed: 2021-11-04
Decided: 2022-12-20
Vaccine: influenza
Vaccination date: 2019-12-03
Condition: Guillain-Barré Syndrome (GBS)
Outcome: compensated
Award amount USD: 189787

AI-assisted case summary:
Jason R. Kinsey filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered Guillain-Barré Syndrome (GBS) as a result of an influenza vaccine he received on December 3, 2019. The petition stated that the vaccination was administered in the United States, his symptoms persisted for more than six months, and no other action had been filed or compensation received for his injury. Respondent filed a Rule 4(c) report conceding that Mr. Kinsey is entitled to compensation, as he met the criteria for a Table injury with a presumption of causation for GBS following a seasonal flu vaccination, with onset between three and forty-two days and no apparent alternative cause. The respondent also agreed that Mr. Kinsey experienced more than six months of residual effects. A ruling on entitlement was issued on July 7, 2022, finding Mr. Kinsey entitled to compensation. Subsequently, on November 16, 2022, Respondent filed a proffer on award of compensation, proposing a total award of $189,787.47, which included $168,750.00 for pain and suffering, $9,896.18 for past unreimbursable expenses, and $11,141.29 for past lost wages. Mr. Kinsey agreed with the proffered award. The Chief Special Master issued a decision awarding Mr. Kinsey the lump sum of $189,787.47.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-02132-0
Date issued/filed: 2022-08-08
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 07/07/2022) regarding 20 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:21-vv-02132-UNJ Document 25 Filed 08/08/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-2132V
UNPUBLISHED
JASON R. KINSEY, Chief Special Master Corcoran
Petitioner, Filed: July 7, 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.
Kimberly Wilson White, Wilson Law, P.A., Raleigh, NC, for Petitioner.
Nina Ren, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On November 4, 2021, Jason R. Kinsey 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),
resulting from the administration of an influenza (flu) vaccination he received on
December 3, 2019. Petition at 1. Petitioner further alleges that the vaccination was
administered within the United States, his symptoms persisted for more than six months,
and neither he, nor any other party, has every filed any action or received compensation
in the form of an award or settlement for his vaccine-related injury. Petition at 1, 19. 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-02132-UNJ Document 25 Filed 08/08/22 Page 2 of 2
On June 22, 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 determined that “[P]etitioner has satisfied the criteria set forth in
the Vaccine Injury Table and the Qualifications and Aids to Interpretation, which afford
[P]etitioner 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 apparent alternative cause.”
Id. at 7. Respondent further agrees that Petitioner experienced more than six months of
residual effects and the scope of damages is limited to Petitioner’s GBS and its related
sequelae only. 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-02132-1
Date issued/filed: 2022-12-20
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 11/17/2022) regarding 33 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:21-vv-02132-UNJ Document 40 Filed 12/20/22 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-2132V
UNPUBLISHED
JASON R. KINSEY, Chief Special Master Corcoran
Petitioner, Filed: November 17, 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.
Kimberly Wilson White, Wilson Law, P.A., Raleigh, NC, for Petitioner.
Nina Ren, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On November 4, 2021, Jason R. Kinsey 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),
resulting from the administration of an influenza (flu) vaccination he received on
December 3, 2019. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On July 7, 2022, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for GBS. On November 16, 2022, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $189,787.47, including
$168,750.00 in pain and suffering, $9,896.18 for past unreimbursable expenses, and
$11,141.29 for past lost wages. Proffer at 2. In the Proffer, Respondent represented that
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-02132-UNJ Document 40 Filed 12/20/22 Page 2 of 5
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 $189,787.47, including $168,750.00 in pain and suffering, $9,896.18
for past unreimbursable expenses, and $11,141.29 for 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-02132-UNJ Document 40 Filed 12/20/22 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
JASON R. KINSEY,
Petitioner,
v. No. 21-2132V
Chief Special Master Corcoran
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On November 4, 2021, petitioner, Jason R. Kinsey, 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 December 3, 2019. See Petition.
On June 22, 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. 18. On July 7, 2022, the Chief Special Master issued a
Ruling on Entitlement finding petitioner entitled to compensation for a GBS Table injury. ECF
No. 20.
II. Items of Compensation
a. Pain and Suffering
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-02132-UNJ Document 40 Filed 12/20/22 Page 4 of 5
Based on the record evidence, respondent proffers that petitioner should be awarded
$168,750.00 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 $9,896.18. 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 $11,141.29. 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 $189,787.47, 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-02132-UNJ Document 40 Filed 12/20/22 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
DARRYL R. WISHARD
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: November 16, 2022
3