VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00057
Package ID: USCOURTS-cofc-1_22-vv-00057
Petitioner: Ellsworth Ramsdell
Filed: 2022-01-18
Decided: 2023-10-02
Vaccine: influenza
Vaccination date: 2019-10-01
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 142028

AI-assisted case summary:
Ellsworth Ramsdell filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered from Guillain-Barre Syndrome (GBS) as a result of an influenza vaccination he received on October 1, 2019. The petition was filed on January 18, 2022. Respondent conceded that Petitioner is entitled to compensation, stating that the case met the criteria for a Table injury. Specifically, Respondent agreed that GBS onset occurred within the Table timeframe of three to forty-two days after a seasonal flu vaccination, with no apparent alternative cause. Respondent also confirmed that Petitioner timely filed his case, received the vaccine in the United States, and met the severity requirement of suffering residual effects for more than six months. A ruling on entitlement was issued on March 6, 2023, finding Petitioner entitled to compensation. Subsequently, on August 28, 2023, Respondent filed a proffer on award of compensation, indicating that Petitioner should be awarded a total of $142,028.00. This amount includes $135,000.00 for pain and suffering and $7,028.00 for past unreimbursable expenses. Petitioner agreed with this proffered award. On October 2, 2023, the Chief Special Master issued a decision awarding damages in the total amount of $142,028.00, consisting of a lump sum payment to Petitioner.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00057-0
Date issued/filed: 2023-04-06
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 03/06/2023) regarding 24 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:22-vv-00057-UNJ Document 26 Filed 04/06/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0057V
UNPUBLISHED
ELLSWORTH RAMSDELL, Chief Special Master Corcoran
Petitioner, Filed: March 6, 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.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Lynn Christina Schlie, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 18, 2022, 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-Barre Syndrome (“GBS”) as a result of
an influenza vaccination he received on October 1, 2019. Petition at 1. Petitioner further
alleges the residual effects of his GBS have persisted for more than six months. Petition
at ¶¶7-8. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On March 6, 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.
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-00057-UNJ Document 26 Filed 04/06/23 Page 2 of 2
Specifically, Respondent states that “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”), 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 8. Respondent further agrees that “the
records show that Petitioner timely filed his case, that he received the flu vaccine in the
United States, and that he satisfies the statutory severity requirement by suffering the
residual effects or complications of his injury for more than six months after vaccine
administration.” 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-00057-1
Date issued/filed: 2023-10-02
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 08/29/2023) regarding 33 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:22-vv-00057-UNJ Document 37 Filed 10/02/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0057V
ELLSWORTH RAMSDELL,
Chief Special Master Corcoran
Petitioner,
v.
Filed: August 29, 2023
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Lynn Christina Schlie, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 18, 2022, Ellsworth Ramdsell 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-Barre Syndrome (“GBS”)
as a result of an influenza vaccination he received on October 1, 2019. Petition at 1. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On March 6, 2023, a ruling on entitlement was issued finding Petitioner entitled to
compensation. On August 28, 2023, Respondent filed a proffer on award of compensation
(“Proffer”) indicating Petitioner should be awarded a total of $142,028.00, consisting of
$135,000.00 in pain and suffering and $7,028.00, in past unreimburable expenses.
Proffer at 1-2. 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.
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-00057-UNJ Document 37 Filed 10/02/23 Page 2 of 5
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $142,028.00 (consisting of $135,000.00 in pain and suffering and
$7,028.00, in past unreimburable 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-00057-UNJ Document 37 Filed 10/02/23 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
ELLSWORTH RAMSDELL, )
)
Petitioner, )
) No. 22-57V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On January 18, 2022, Ellsworth Ramsdell (“petitioner”) filed a petition for compensation
under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -3434
(“Vaccine Act” or “Act”), alleging that he suffered from Guillain-Barre Syndrome (“GBS”),
following the administration of an influenza vaccine on October 1, 2019. Petition at 1. On
March 6, 2023, 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 for a
GBS as defined by the Vaccine Injury Table, within the Table timeframe. ECF No. 23. The
same day, the Chief Special Master issued a ruling on entitlement, finding that petitioner was
entitled to compensation. ECF No. 24.
II. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $135,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:22-vv-00057-UNJ Document 37 Filed 10/02/23 Page 4 of 5
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that she incurred past unreimbursable
expenses related to her vaccine-related injury. Respondent proffers that petitioner should be
awarded past unreimbursable expenses in the amount of $7,028.00. See 42 U.S.C. § 300aa-
15(a)(1)(B). Petitioner agrees.
These amounts represent all elements of compensation to which petitioner is 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 $142,028.00, in the form of
a check payable to petitioner.
III. Summary of Recommended Payment Following Judgment
Lump sum payable to petitioner, Ellsworth Ramsdell: $142,028.00
Respectfully submitted,
BRIAN M. 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.
2

Case 1:22-vv-00057-UNJ Document 37 Filed 10/02/23 Page 5 of 5
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
TRACI R. PATTON
Assistant Director
Torts Branch, Civil Division
/s/ Lynn C. Schlie
LYNN C. SCHLIE
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) 616-3667
E-mail: lynn.schlie@usdoj.gov
Dated: August 28, 2023
3