VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00082
Package ID: USCOURTS-cofc-1_22-vv-00082
Petitioner: Larry Smith
Filed: 2022-01-27
Decided: 2023-06-16
Vaccine: influenza
Vaccination date: 2019-10-18
Condition: Guillain-Barre syndrome
Outcome: compensated
Award amount USD: 475000

AI-assisted case summary:
Audrey Smith, as personal representative of the Estate of Larry Smith, filed a petition alleging that her husband, Larry Smith, developed Guillain-Barré syndrome (GBS) as a result of an influenza vaccine administered on October 18, 2019. She further alleged that his death on February 18, 2020, was vaccine-related. The case was assigned to the Special Processing Unit. Respondent filed a Rule 4(c) report conceding that Mr. Smith's medical records established the requirements for a flu/GBS Table injury, that there was no alternative cause for his condition or death, and that Petitioner was entitled to compensation. A ruling on entitlement was issued on January 26, 2023, finding Petitioner entitled to compensation. Subsequently, on May 15, 2023, Respondent filed a proffer on award of compensation, proposing a total award of $475,000.00, consisting of $250,000.00 for the statutory benefit for a vaccine-related death and $225,000.00 for past pain and suffering. Petitioner agreed with the proffered award. The Chief Special Master issued a decision awarding Petitioner a lump sum payment of $475,000.00.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00082-0
Date issued/filed: 2023-02-27
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/26/2023) regarding 29 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:22-vv-00082-UNJ Document 32 Filed 02/27/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0082V
UNPUBLISHED
AUDREY SMITH, personal Chief Special Master Corcoran
representative of the ESTATE OF
LARRY SMITH, Filed: January 26, 2023
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.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 27, 2022, Audrey Smith, on behalf of her deceased husband Larry
Smith (“Mr. Smith”) 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 Mr. Smith developed Guillain-Barré syndrome (“GBS”) as a result of an
influenza (“flu”) vaccine administered on October 18, 2019, and that his death, on
February 18, 2020, is vaccine-related. Petition at Preamble. 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-00082-UNJ Document 32 Filed 02/27/23 Page 2 of 2
On January 25, 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 states that Mr. Smith’s medical records establish the
requirements set forth in the Qualifications and Aids to Interpretation for a flu/GBS Table
injury. Id. at 4. Respondent further agrees that the Table requirements are satisfied, and
there is no alternative cause that explains Mr. Smith’s condition or death, and that
Petitioner is entitled to compensation. 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-00082-1
Date issued/filed: 2023-06-16
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 05/15/2023) regarding 38 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:22-vv-00082-UNJ Document 39 Filed 06/16/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0082V
UNPUBLISHED
AUDREY SMITH, personal Chief Special Master Corcoran
representative of the ESTATE OF
LARRY SMITH, Filed: May 15, 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.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 27, 2022, Audrey Smith, on behalf of her deceased husband Larry
Smith (“Mr. Smith”), 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 Mr. Smith developed Guillain-Barré syndrome (“GBS”) as a result of an
influenza (“flu”) vaccine administered to him on October 18, 2019, and that his death on
February 18, 2020, was vaccine-related. Petition at Preamble. The case was assigned to
the Special Processing Unit of the Office of Special Masters.
On January 26, 2023, a ruling on entitlement was issued, finding Petitioner entitled
to compensation. On May 15, 2023, Respondent filed a proffer on award of compensation
(“Proffer”) indicating Petitioner should be awarded a total of $475,000.00 consisting of
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-00082-UNJ Document 39 Filed 06/16/23 Page 2 of 5
$250,000.00 for the statutory benefit for a vaccine-related death, and $225,000.00 for
past pain and suffering. Proffer at 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.
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $475,000.00 (consisting of $250,000.00 for the statutory benefit for
a vaccine-related death, and $225,000.00 for past pain and suffering) 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-00082-UNJ Document 39 Filed 06/16/23 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
*************************************
AUDREY SMITH, personal *
representative of the estate of LARRY *
SMITH, *
Petitioner, * No. 22-82V
* Chief Special Master Corcoran
v. *
*
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*************************************
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On January 27, 2022, Audrey Smith, as personal representative of the Estate of Larry
Smith,1 filed a petition stating that Larry Smith developed Guillain-Barré syndrome (“GBS”), a
Vaccine Table Injury, within the Table time frame following administration of a flu vaccine on
October 18, 2019. Petitioner also alleged that Larry Smith’s death is a sequelae of his GBS.
On January 25, 2023, respondent filed a Rule 4(c) Report, conceding that petitioner’s
claim meets the Table criteria for a SIRVA injury, and that his death is vaccine related. On
January 26, 2023, the Court issued a Ruling on Entitlement finding petitioner entitled to
compensation under the Vaccine Act.
1 Petitioner filed documentation on April 6, 2023, establishing that on August 20, 2020, she was
appointed personal representative of Larry Smith’s Estate under the laws of the State of
Minnesota. See Exhibit 13. All references to petitioner herein refer solely to Audrey Smith in
her representative capacity as the personal representative of the Estate of Larry Smith.

Case 1:22-vv-00082-UNJ Document 39 Filed 06/16/23 Page 4 of 5
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
the following, and requests that the Chief Special Master’s decision and the Court’s judgment
award:
a. a lump sum payment of $250,000.00, which represents compensation for the
statutory benefit for a vaccine-related death, and
b. a lump sum payment of $225,000.00, which represents compensation for past pain
and suffering.
These amounts represent all elements of compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a)(2) and (a)(4).2 Petitioner agrees.
II. Form of the Award
Respondent recommends that petitioner be awarded a lump sum payment of $475,000.00,
in the form of a check payable to petitioner, Audrey Smith, as personal representative of the
Estate of Larry Smith.3 Petitioner agrees.
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
2 This Proffer does not include attorneys’ fees and costs, which the parties intend to address after
a Damages Decision is issued.
3 If for some reason petitioner is not authorized by a court of competent jurisdiction to serve as
the personal representative of the Estate of Larry Smith at the time a payment pursuant to this
Proffer is to be made, then any such payment shall be paid to the party or parties appointed by a
court of competent jurisdiction to serve as personal representative of the Estate of Larry Smith
upon submission of written documentation of such appointment to the Secretary.
2

Case 1:22-vv-00082-UNJ Document 39 Filed 06/16/23 Page 5 of 5
DARRYL R. WISHARD
Assistant Director
Torts Branch, Civil Division
/s/ DEBRA A. FILTEAU BEGLEY
DEBRA A. FILTEAU BEGLEY
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Phone: (202) 616-4181
Dated: May 15, 2023
3