VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-02226
Package ID: USCOURTS-cofc-1_21-vv-02226
Petitioner: Ezra Zakoo
Filed: 2022-10-18
Decided: 2023-08-04
Vaccine: influenza
Vaccination date: 2019-09-28
Condition: Guillain-Barré syndrome (GBS)
Outcome: compensated
Award amount USD: 157264

AI-assisted case summary:
Ezra Zakoo filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he developed Guillain-Barré syndrome (GBS) after receiving an influenza vaccine on September 28, 2019, and a Tdap vaccine on October 2, 2019. The respondent, the Secretary of Health and Human Services, conceded entitlement to compensation, agreeing that Mr. Zakoo's GBS qualified as a Table injury following the flu vaccine. The respondent also confirmed that the claim was timely filed, the vaccination occurred in the United States, the statutory severity requirement was met, and there was no evidence of an unrelated cause. A ruling on entitlement was issued on October 18, 2022, finding Mr. Zakoo entitled to compensation. Subsequently, on June 29, 2023, the respondent filed a proffer on award of compensation, which Mr. Zakoo accepted. The court awarded Mr. Zakoo a total of $157,264.04, comprising $150,000.00 for pain and suffering and $7,264.04 for unreimbursable medical expenses, as a lump sum payment.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-02226-0
Date issued/filed: 2022-12-07
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/18/2022) regarding 26 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made.
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Case 1:21-vv-02226-UNJ Document 30 Filed 12/07/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-2226V
UNPUBLISHED
EZRA ZAKOO, Chief Special Master Corcoran
Petitioner,
v. Filed: October 18, 2022
SECRETARY OF HEALTH AND Special Processing Unit (SPU);
HUMAN SERVICES, Ruling on Entitlement; Concession;
Table Injury; Influenza (Flu);
Respondent. Tetanus-Diphtheria-Acellular
Pertussis (Tdap); Guillain-Barré
syndrome (“GBS”).
Jessica A. Olins, Maglio Christopher & Toale, PA, Washington, DC, for Petitioner.
Jennifer A. Shah, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On November 30, 2021, Ezra Zakoo 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 following receipt of an influenza (“flu”) vaccine on
September 28, 2019, and a tetanus-diphtheria-acellular pertussis (“Tdap”) vaccine on
October 2, 2019, he developed Guillain-Barré syndrome (“GBS”) within the timeframe set
forth in the Vaccine Injury Table, 42 C.F.R. § 100.3. Petition at 1. 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-02226-UNJ Document 30 Filed 12/07/22 Page 2 of 2
On October 16, 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 states that Petitioner has satisfied the criteria set forth in the
Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation (“QAI”) for
GBS following receipt of a flu vaccine. Id. at 7-8 (citing 42 C.F.R. §§ 100.3(a), (c)(15)).
Respondent further agrees that the case was timely filed; that Petitioner received his
vaccination in the United States; that Petitioner satisfied the statutory severity
requirement by suffering the residual effects or complications of his injury for more than
six months after vaccine administration; and that there is no evidence of a factor unrelated
that is a more likely cause of Petitioner’s injury. Id. at 7 (internal citations omitted).
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-02226-1
Date issued/filed: 2023-08-04
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 06/29/2023) regarding 39 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made.
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Case 1:21-vv-02226-UNJ Document 43 Filed 08/04/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-2226V
EZRA ZAKOO, Chief Special Master Corcoran
Petitioner,
v. Filed: June 29, 2023
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jessica A. Olins, Maglio Christopher & Toale, PA, Washington, DC, for Petitioner.
Jennifer A. Shah, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On November 30, 2021, Ezra Zakoo 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 following receipt of an influenza (“flu”) vaccine on
September 28, 2019, and a tetanus-diphtheria-acellular pertussis (“Tdap”) vaccine on
October 2, 2019, he developed Guillain-Barré syndrome (“GBS”) within the timeframe set
forth in the Vaccine Injury Table, 42 C.F.R. § 100.3. Petition at 1. The case was assigned
to the Special Processing Unit of the Office of Special Masters.
On October 18, 2022, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for GBS. On June 29, 2023, Respondent filed a proffer on award of
compensation (“Proffer”). Respondent represented that Petitioner agrees with the
1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made
publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at
https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of
2002. 44 U.S.C. § 3501 note (2018) (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-02226-UNJ Document 43 Filed 08/04/23 Page 2 of 5
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 $157,264.04 (representing $150,000.00 for pain and suffering, and
$7,264.04 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-02226-UNJ Document 43 Filed 08/04/23 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
EZRA ZAKOO,
Petitioner,
No. 21-2226V
v. Chief Special Master Corcoran
SPU
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On November 30, 2021, Petitioner Ezra Zakoo (“petitioner”) 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 (“Vaccine Act” or “Act”). Petitioner alleges that he suffered
Guillain-Barré Syndrome (“GBS”) as a result of an influenza vaccination administered on
September 28, 2019, and a Tdap vaccination administered on October 2, 2019. Petition at 1-2, 4.
On October 16, 2022, respondent filed his Vaccine Rule 4(c) report, recommending that
compensation be awarded. ECF No. 24. On October 18, 2022, this Court issued a Ruling on
Entitlement finding petitioner entitled to compensation. ECF No. 26. Specifically, based on
respondent’s recommendation, the Court found petitioner entitled to compensation for GBS and
related sequelae that he sustained following the administration of an influenza (“flu”) vaccination
on September 28, 2019, and that petitioner’s claim satisfies the requirements necessary to qualify
as a Table injury set forth in the Vaccine Injury Table (“Table”) and the Qualifications and Aids
to Interpretation (“QAI”), which afford petitioner a presumption of causation if the onset of GBS

Case 1:21-vv-02226-UNJ Document 43 Filed 08/04/23 Page 4 of 5
occurs between three and forty-two days after a seasonal flu vaccination and there is no apparent
alternative cause. Respondent now proffers that petitioner receive an award as follows:
I. Items of Compensation
Respondent proffers that petitioner should be awarded $157,264.04, consisting of
$150,000.00 for pain and suffering and $7,264.04 for non-reimbursable medical expenses. This
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
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 $157,264.04, representing
compensation for all elements of economic and noneconomic damages, in the form of a check
payable to petitioner, Ezra Zakoo.
III. Summary of Recommended Payment Following Judgment
Lump sum payable to petitioner, Ezra Zakoo: $157,264.04.
Respectfully submitted,
BRIAN BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
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

Case 1:21-vv-02226-UNJ Document 43 Filed 08/04/23 Page 5 of 5
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
TRACI R. PATTON
Assistant Director
Torts Branch, Civil Division
s/ Jennifer A. Shah
Jennifer A. Shah
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) 305-2181
Jennifer.shah@usdoj.gov
Dated: June 29, 2023
3