VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00050
Package ID: USCOURTS-cofc-1_22-vv-00050
Petitioner: Scott Barber
Filed: 2022-01-18
Decided: 2023-12-11
Vaccine: influenza
Vaccination date: 2019-12-18
Condition: Guillain-Barré Syndrome (GBS)
Outcome: compensated
Award amount USD: 242280

AI-assisted case summary:
Scott Barber 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 administered on December 18, 2019. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Mr. Barber is entitled to compensation. The respondent indicated that medical personnel reviewed the petition and medical records and determined that Mr. Barber satisfied the criteria for GBS following a flu vaccination as set forth in the Vaccine Injury Table. The respondent also stated there was no preponderance of evidence that a factor unrelated to the vaccination caused the GBS. Based on the respondent's concession and the evidence, the court issued a ruling on entitlement, finding Mr. Barber entitled to compensation. Subsequently, the respondent filed a proffer on award of damages, proposing an award of $242,280.55. This amount included $200,000.00 for pain and suffering, $36,746.18 in lost earnings, and $5,534.37 for past unreimbursed expenses. Mr. Barber agreed with the proffered award. The court issued a decision awarding Mr. Barber a lump sum payment of $242,280.55.

Theory of causation field:
Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_22-vv-00050-0
Date issued/filed: 2023-05-15
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/14/2023) regarding 23 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
--------------------------------------------------------------------------------
Case 1:22-vv-00050-UNJ Document 25 Filed 05/15/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-50V
UNPUBLISHED
SCOTT BARBER, Chief Special Master Corcoran
Petitioner, Filed: April 14, 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.
Howard Scott Gold, Gold Law Firm, Wellesley, MA, for Petitioner.
Voris Edward Johnson, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 18, 2022, Scott Barber 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
the result of an influenza (“flu”) vaccine administered to him on December 18, 2019.
Petition at 1. Petitioner further alleges that he suffered the residual effects of his injury for
more than six months, and that there has been no prior award or settlement of a civil
action on his behalf as a result of his injury. See Petition at ¶¶ 14, 18. 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 1:22-vv-00050-UNJ Document 25 Filed 05/15/23 Page 2 of 2
On April 11, 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 Indicates that
[m]edical personnel at the Division of Injury Compensation Programs,
Department of Health and Human Services (“DICP”), have reviewed the
petition and medical records filed in the case. It is respondent’s position that
petitioner has satisfied the criteria set forth in the Vaccine Injury Table
(“Table”) and the Qualifications and Aids to Interpretation (“QAI”) for a claim
of GBS following a flu vaccination, 42 C.F.R. §§ 100.3(a)(XIV)(D),
100.3(c)(15), and that there is not a preponderance of evidence that a factor
unrelated to vaccination was the cause of the GBS in this case.
Id. at 6 (footnote 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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_22-vv-00050-1
Date issued/filed: 2023-12-11
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 11/08/2023) regarding 31 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
--------------------------------------------------------------------------------
Case 1:22-vv-00050-UNJ Document 35 Filed 12/11/23 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-50V
SCOTT BARBER, Chief Special Master Corcoran
Petitioner, Filed: November 8, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Howard Scott Gold, Gold Law Firm, LLC, Wellesley Hills, MA, for Petitioner.
Voris Edward Johnson, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 18, 2022, Scott Barber 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
the result of an influenza (“flu”) vaccine administered to him on December 18, 2019.
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On April 14, 2023, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for GBS. On November 3, 2023, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $242,280.55, which
amount includes $200,000.00 for pain and suffering, $36,746.18 in lost earnings, and
$5,534.37 for past unreimbursed expenses. Proffer at 1. In the Proffer, Respondent
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 (2018).

Case 1:22-vv-00050-UNJ Document 35 Filed 12/11/23 Page 2 of 4
represented that Petitioner agrees with the proffered award. Id. at 2. 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 $242,280.55 (which amount includes $200,000.00 for pain and
suffering, $36,746.18 in lost earnings, and $5,534.37 for past unreimbursed
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 1:22-vv-00050-UNJ Document 35 Filed 12/11/23 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
__________________________________________
)
SCOTT BARBER, )
)
Petitioner, )
) No. 22-50V (ECF)
v. ) Chief Special Master Corcoran
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
__________________________________________)
RESPONDENT’S PROFFER ON AWARD OF DAMAGES
On April 11, 2023, respondent, the Secretary of Health and Human Services, filed his
Rule 4(c) Report conceding entitlement to compensation in this matter alleging a Table injury of
Guillain-Barré syndrome following an influenza vaccination. ECF Doc. 22. On April 14, 2023,
the Court entered its Ruling on Entitlement, finding petitioner Scott Barber entitled to Vaccine
Act compensation. ECF Doc. 23. Respondent now proffers that petitioner receive a
compensation award consisting of a lump sum of $242,280.55, which amount includes
$200,000.00 for pain and suffering, $36,746.18 in lost earnings, and $5,534.37 for past
unreimbursed expenses, in the form of a check payable to petitioner, Scott Barber.1 This amount
represents compensation for all elements of compensation under 42 U.S.C. § 300aa-15(a) to
which petitioner is entitled.2
1 Petitioner is a competent adult. No guardianship is required.
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.

Case 1:22-vv-00050-UNJ Document 35 Filed 12/11/23 Page 4 of 4
Petitioner agrees with the proffered award of $242,280.55.3
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/Voris E. Johnson, Jr.
VORIS E. JOHNSON, JR.
Senior Trial Attorney
Torts Branch, Civil Division
U. S. Department of Justice
P.O. Box 146, Benjamin Franklin Station
Washington, D.C. 20044-0146
Direct Dial: 202-616-3667
Email: Voris.Johnson@usdoj.gov
Date: November 3, 2023
3 This proffer does not include any award for attorneys’ fees and costs that may be awarded
pursuant to 42 U.S.C. § 300aa-15(e).
2