VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00026
Package ID: USCOURTS-cofc-1_22-vv-00026
Petitioner: Albert Miller
Filed: 2023-04-20
Decided: 2023-05-23
Vaccine: influenza
Vaccination date: 2019-01-08
Condition: Guillain-Barré syndrome
Outcome: compensated
Award amount USD: 175571

AI-assisted case summary:
Albert Miller filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered from Guillain-Barré syndrome (GBS) as a result of an influenza vaccine administered on January 8, 2019. The case was filed on April 20, 2023. Respondent conceded that Mr. Miller satisfied the criteria set forth in the Vaccine Injury Table for GBS, which provides a presumption of causation when onset occurs between three and forty-two days after a seasonal flu vaccination and there is no apparent alternative cause. Respondent also agreed that Mr. Miller met all statutory and jurisdictional requirements. Based on this concession, the court issued a ruling on entitlement, finding Mr. Miller entitled to compensation. Subsequently, a decision awarding damages was issued on May 23, 2023. The parties stipulated to an award of $125,000.00 for pain and suffering and $50,571.09 to satisfy a State of Louisiana Medicaid lien, for a total award of $175,571.09. This award covers all damages available under Section 15(a) of the Vaccine Act.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00026-0
Date issued/filed: 2023-05-22
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/20/2023) regarding 32 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:22-vv-00026-UNJ Document 37 Filed 05/22/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0026V
UNPUBLISHED
ALBERT MILLER, Chief Special Master Corcoran
Petitioner, Filed: April 20, 2023
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.
Ramon Rodriguez III, Sands Anderson PC, Richmond, VA, for Petitioner.
Emilie Williams, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 10, 2022, Albert Miller 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 from Guillain-Barré syndrome as a
result of an influenza (“flu”) vaccine that was administered on January 8, 2019. Petition
at 1. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On April 4, 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.
Specifically, Respondent agrees that “petitioner has satisfied the criteria set forth in the
Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation (“QAI”),
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 1:22-vv-00026-UNJ Document 37 Filed 05/22/23 Page 2 of 2
which afford petitioner 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 5. Respondent further agrees that Petitioner has satisfied all
statutory and jurisdictional requirements. 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_22-vv-00026-1
Date issued/filed: 2023-05-23
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 04/20/2023) regarding 33 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:22-vv-00026-UNJ Document 38 Filed 05/23/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0026V
UNPUBLISHED
ALBERT MILLER, Chief Special Master Corcoran
Petitioner, Filed: April 20, 2023
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Influenza (Flu) Vaccine; Guillain-
Barre Syndrome (GBS)
Respondent.
Ramon Rodriguez, III, Sands Anderson PC, Richmond, VA, for Petitioner.
Emilie Williams, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 10, 2022, Albert Miller 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 as result of an
influenza (“flu”) vaccine that was administered on January 8, 2019. Petition at 1. The case
was assigned to the Special Processing Unit of the Office of Special Masters.
On April 20, 2023, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for GBS. On April 4, 2023, Respondent filed a combined Rule 4
report/proffer on award of compensation (“Rule 4/Proffer”) indicating Petitioner should be
awarded (A) a lump sum payment of $125,000.00 for pain and suffering; and (B) a lump
sum payment of $50,571.09, representing compensation for satisfaction of the State of
Louisiana Medicaid lien. Rule 4/Proffer at 6. In the Rule 4/Proffer, Respondent
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 1:22-vv-00026-UNJ Document 38 Filed 05/23/23 Page 2 of 2
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 Rule 4/Proffer.
Pursuant to the terms stated in the Rule 4/Proffer, I award Petitioner the
following compensation:
1. A lump sum payment of $125,000.00 (for pain and suffering) in the form of a
check payable to Petitioner; and
2. A lump sum payment of $50,571.09, representing compensation for
satisfaction of the State of Louisiana Medicaid lien, in the form of a check
payable jointly to Petitioner and
The Rawlings Company
Attn: Daniel Hilinski
P.O. Box 2000
La Grange, KY 40031-2000
Petitioner agrees to endorse the check to The Rawlings Company for
satisfaction of the Medicaid lien.
These amounts represent 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