VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-02306
Package ID: USCOURTS-cofc-1_21-vv-02306
Petitioner: Mark A. Cherry
Filed: 2021-12-20
Decided: 2023-02-13
Vaccine: influenza
Vaccination date: 2019-09-27
Condition: Guillain-Barré Syndrome (GBS)
Outcome: compensated
Award amount USD: 400000

AI-assisted case summary:
Clarence Cherry, as administrator of the Estate of Mark A. Cherry, filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that his brother, Mark A. Cherry, suffered Guillain-Barré Syndrome (GBS) as a result of an influenza vaccine administered on September 27, 2019. The petition stated that Mark Cherry received the vaccine within the United States and that he passed away due to his GBS injury. The case was assigned to the Special Processing Unit. The respondent filed a Rule 4(c) report conceding that the petitioner was entitled to compensation, finding that the injury met the criteria set forth in the revised Vaccine Injury Table and the Qualifications and Aids to Interpretation. Subsequently, a ruling on entitlement was issued, finding the estate entitled to compensation. The respondent then filed a proffer on award of compensation, recommending an award of $400,000.00, consisting of $150,000.00 for actual pain and suffering and $250,000.00 for the statutory death benefit. The petitioner agreed with the proffered award. The court awarded the lump sum of $400,000.00 to the petitioner.

Theory of causation field:
Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_21-vv-02306-0
Date issued/filed: 2022-12-20
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/18/2022) regarding 23 Ruling on Entitlement (Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
--------------------------------------------------------------------------------
Case 1:21-vv-02306-UNJ Document 26 Filed 12/20/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-2306V
UNPUBLISHED
CLARENCE CHERRY, as Chief Special Master Corcoran
administrator of ESTATE OF MARK A.
CHERRY, Filed: November 18, 2022
Petitioner, Special Processing Unit (SPU);
v. Ruling on Entitlement; Concession;
Table Injury; Influenza (Flu) Vaccine;
SECRETARY OF HEALTH AND Guillain-Barre Syndrome (GBS)
HUMAN SERVICES,
Respondent.
Howard Dale Mishkind, Mishkind Law Firm Co., L.P.A., Beachwood, OH, for Petitioner.
Alexa Roggenkamp, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On December 20, 2021,Clarence Cherry, as administrator of the Estate of Mark A.
Cherry, 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 his
brother, Mark A. Cherry, suffered Guillain-Barré Syndrome (“GBS”) which meets the
Table definition for GBS or, in the alternative, was caused-in-fact by the influenza (“flu”)
vaccine he received on September 27, 2019. Petition at 1, 5, ¶ 3. Petitioner also alleges
that Mark Cherry received the flu vaccine within the United States, that he passed away
due to his GBS injury, and that neither he nor any other party has filed a civil action or
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-02306-UNJ Document 26 Filed 12/20/22 Page 2 of 2
received compensation for his GBS. Id. at ¶¶ 3, 16-18. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On November 17, 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 believes “that [P]etitioner has satisfied the criteria
set forth in the revised Vaccine Injury Table (“Table”) and the Qualifications and Aids to
interpretation (“QAI”).” Id. at 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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_21-vv-02306-1
Date issued/filed: 2023-02-13
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 01/13/2023) regarding 28 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
--------------------------------------------------------------------------------
Case 1:21-vv-02306-UNJ Document 31 Filed 02/13/23 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-2306V
UNPUBLISHED
CLARENCE CHERRY, as Chief Special Master Corcoran
administrator of ESTATE OF MARK A.
CHERRY, Filed: January 13, 2023
Petitioner, Special Processing Unit (SPU);
v. Damages Decision Based on Proffer;
Influenza (Flu) Vaccine; Guillain-
SECRETARY OF HEALTH AND Barre Syndrome (GBS)
HUMAN SERVICES,
Respondent.
Howard Dale Mishkind, Mishkind Law Firm Co., L.P.A., Beachwood, OH, for Petitioner.
Alexa Roggenkamp, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On December 20, 2021,Clarence Cherry, as administrator of the Estate of Mark A.
Cherry, 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 his
brother, Mark A. Cherry, suffered Guillain-Barré Syndrome (“GBS”) which meets the
Table definition for GBS or, in the alternative, was caused-in-fact by the influenza (“flu”)
vaccine he received on September 27, 2019. Petition at 1, 5, ¶ 3. The case was assigned
to the Special Processing Unit of the Office of Special Masters.
On November 19, 2022, a ruling on entitlement was issued, finding Petitioner, as
the administrator of Mark A. Cherry’s Estate, entitled to compensation for Mr. Cherry’s
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-02306-UNJ Document 31 Filed 02/13/23 Page 2 of 4
GBS Injury and death. On January 13, 2023, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $400,000.00,
representing $150,000.00 for actual pain and suffering and $250,000.00 for the statutory
death benefit. 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.
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $400,000.00, representing $150,000.00 for actual pain and suffering
and $250,000.00 for the statutory death benefit 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-02306-UNJ Document 31 Filed 02/13/23 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
CLARENCE CHERRY, as
administrator of ESTATE OF MARK A.
CHERRY,
Petitioner,
No. 21-2306V
v. Chief Special Master Corcoran
ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On December 20, 2021, Clarence Cherry (“petitioner”), personal representative of the
estate of Mark A. Cherry (“Mr. Cherry”), filed a petition for compensation under the National
Childhood Vaccine Injury Act of 1986, as amended (“the Vaccine Act” or “the Act”), 42 U.S.C.
§§ 300aa-1 to -34, alleging that Mr. Cherry suffered Guillain-Barré syndrome (“GBS”) as a
result of an influenza (“flu”) vaccine administered on September 27, 2019, and that he died as
the result of the GBS. Petition at 1. On November 17, 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, and on November 18, 2022, the Chief Special
Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 22;
ECF No. 23
I. Items of Compensation
Respondent proffers that petitioner should be awarded $400,000.00, consisting of
$150,000.00 in actual pain and suffering and $250,000.00 for the statutory death benefit. This

Case 1:21-vv-02306-UNJ Document 31 Filed 02/13/23 Page 4 of 4
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
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respondent recommends that the compensation provided to petitioner be made through a lump
sum payment of $400,000.00, in the form of a check payable to petitioner.
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
TRACI R. PATTON
Assistant Director
Torts Branch, Civil Division
/s/ Alexa Roggenkamp
ALEXA ROGGENKAMP
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
(202) 616-4179
DATED: January 13, 2023 alexa.roggenkamp@usdoj.gov
2