VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00129
Package ID: USCOURTS-cofc-1_22-vv-00129
Petitioner: Andrew Short
Filed: 2022-02-08
Decided: 2023-03-03
Vaccine: influenza
Vaccination date: 2019-10-28
Condition: Guillain-Barré syndrome (GBS)
Outcome: compensated
Award amount USD: 121454

AI-assisted case summary:
Andrew Short filed a petition for compensation under the National Vaccine Injury Compensation Program on February 8, 2022, alleging that he suffered Guillain-Barré syndrome (GBS) as a result of an influenza vaccine administered on October 28, 2019. The respondent filed a Rule 4(c) report conceding that Mr. Short was entitled to compensation, as his condition met the criteria set forth in the Vaccine Injury Table for GBS with onset between three and forty-two days after vaccination and no apparent alternative cause. A ruling on entitlement was issued on November 7, 2022, finding Mr. Short entitled to compensation. Subsequently, on January 31, 2023, the respondent filed a proffer on award of compensation, proposing a total award of $121,454.31, consisting of $120,000.00 for pain and suffering and $1,454.31 for documented out-of-pocket expenses. Mr. Short agreed with this proffered award. The Chief Special Master issued a decision awarding Mr. Short the lump sum of $121,454.31 on March 3, 2023.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00129-0
Date issued/filed: 2022-12-08
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/07/2022) regarding 19 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:22-vv-00129-UNJ Document 21 Filed 12/08/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0129V
UNPUBLISHED
ANDREW SHORT, Chief Special Master Corcoran
Petitioner, Filed: November 7, 2022
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.
Katherine Carr Esposito, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On February 8, 2022, Andrew Short 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 a
result of an influenza (“flu”) vaccine administered to him on October 28, 2019. Petition at
1. Petitioner further alleges that his injury lasted for more than six months. Petition at 4.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On November 7, 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 states that “[i]t is respondent’s position that petitioner has
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-00129-UNJ Document 21 Filed 12/08/22 Page 2 of 2
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.
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-00129-1
Date issued/filed: 2023-03-03
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 01/31/2023) regarding 25 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:22-vv-00129-UNJ Document 29 Filed 03/03/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0129V
UNPUBLISHED
ANDREW SHORT, Chief Special Master Corcoran
Petitioner, Filed: January 31, 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.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Katherine Carr Esposito, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On February 8, 2022, Andrew Short 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 a
result of an influenza (“flu”) vaccine administered to him on October 28, 2019. Petition at
1. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On November 7, 2022, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for GBS. On January 31, 2023, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded a total of
$121,454.31, (consisting of $120,000.00 in actual pain and suffering and $1,454.31 in
documented out-of-pocket expenses). Proffer at 1-2. In the 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-00129-UNJ Document 29 Filed 03/03/23 Page 2 of 5
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 $121,454.31, (consisting of $120,000.00 in actual pain and suffering
and $1,454.31 in documented out-of-pocket 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-00129-UNJ Document 29 Filed 03/03/23 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
ANDREW SHORT,
Petitioner,
No. 22-129V
v. Chief Special Master Corcoran
ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On February 8, 2022, Andrew Short (“petitioner”) filed a petition for compensation
(“petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -
34, as amended. He alleges that, as a result of receiving the influenza vaccine on October 28,
2019, he sustained injuries, including Guillain-Barré Syndrome (“GBS”). See Petition. On
November 7, 2022, respondent filed his Vaccine Rule 4(c) report, concluding that petitioner
suffered GBS as defined by the Vaccine Injury Table, within the Table timeframe, and with no
apparent alternative cause. The same day, Chief Special Master Corcoran issued a ruling on
entitlement, finding that petitioner was entitled to compensation for a GBS Table injury.
II. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
a lump sum of $121,454.31, for all damages (consisting of $120,000.00 actual pain and
1 This Proffer does not include attorneys’ fees and costs, which the parties intend to address after
the Damages Decision is issued.

Case 1:22-vv-00129-UNJ Document 29 Filed 03/03/23 Page 4 of 5
suffering, and $1,454.31 in documented out-of-pocket expenses). This amount represents all
elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a).
Petitioner agrees.
III. Form of the Award
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 following: A lump sum payment of $121,454.31 in
the form of a check payable to petitioner.2 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
LARA A. ENGLUND
Assistant Director
Torts Branch, Civil Division
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.
2

Case 1:22-vv-00129-UNJ Document 29 Filed 03/03/23 Page 5 of 5
s/Katherine C. Esposito
Katherine C. Esposito
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) 305-3774
katherine.esposito@usdoj.gov
Dated: January 31, 2023
3