VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00210
Package ID: USCOURTS-cofc-1_22-vv-00210
Petitioner: Ramsay Templeton
Filed: 2022-02-24
Decided: 2024-05-03
Vaccine: influenza
Vaccination date: 2019-10-19
Condition: Guillain-Barré syndrome (GBS)
Outcome: compensated
Award amount USD: 180000

AI-assisted case summary:
Sebastien Templeton, as Personal Representative of the Estate of Ramsay Templeton, filed a petition for compensation under the National Vaccine Injury Compensation Program on February 24, 2022. The petition alleged that Ramsay Templeton, who received an influenza vaccine on October 19, 2019, suffered Guillain-Barré syndrome (GBS) and death as a result of the vaccination. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report conceding entitlement for the GBS injury claim, which was a Table injury, but arguing that the death benefit claim was untimely. Ramsay Templeton received the flu vaccine at CVS Pharmacy. Eleven days later, on October 30, 2019, he presented to the emergency department with tingling legs and weak hands and arms. He was transferred to another hospital and admitted the same day. A neurologist, Dr. Kenneth Hentschel, determined he may have acute inflammatory demyelinating polyradiculoneuropathy (AIDP), a form of GBS, related to his recent vaccination. Treatment with IVIG and plasmapheresis did not result in improvement. Ramsay Templeton's condition worsened, and he died on November 17, 2019. On November 21, 2023, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding Petitioner entitled to compensation for the GBS injury claim, as it met the criteria for a Table injury with onset between three and forty-two days after vaccination and no apparent alternative cause. However, the death benefit claim was dismissed as untimely because it was filed more than two years after Ramsay Templeton's death on November 17, 2019, exceeding the statutory deadline of November 17, 2021. On April 3, 2024, the parties submitted a Proffer on Award of Compensation. Based on this Proffer, Chief Special Master Corcoran awarded Petitioner a lump sum of $180,000.00 for pain and suffering. Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC, and Respondent was represented by Bridget Corridon of the U.S. Department of Justice. The award was made payable to Petitioner.

Theory of causation field:
Petitioner alleged that Ramsay Templeton suffered Guillain-Barré syndrome (GBS) and death as a result of an influenza vaccine received on October 19, 2019. Respondent conceded that Petitioner is entitled to compensation for the GBS injury claim, as it met the criteria set forth in the Vaccine Injury Table (Table) and the Qualifications and Aids to Interpretation (QAI), affording a presumption of causation if GBS onset occurs between three and forty-two days after a seasonal flu vaccination and there is no apparent alternative cause. Respondent agreed that Petitioner met the requirements of Section 11(c)(1)(D) and that the injury claim was filed within the applicable statute of limitations. The death benefit claim was dismissed as untimely because the petition was filed on February 24, 2022, more than three months after the two-year statutory deadline of November 17, 2021, which was 24 months from the date of death on November 17, 2019. The public decision does not describe the specific mechanism of GBS causation or name any medical experts. Petitioner was represented by Leah VaSahnja Durant and Respondent by Bridget Corridon. Chief Special Master Brian H. Corcoran issued the ruling on entitlement on November 21, 2023, and the decision awarding damages on May 3, 2024. The award was a lump sum of $180,000.00 for pain and suffering.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00210-0
Date issued/filed: 2024-01-02
Pages: 4
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/21/2023) regarding 33 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:22-vv-00210-UNJ Document 36 Filed 01/02/24 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0210V
SEBASTIEN TEMPLETON as personal Chief Special Master Corcoran
representative of ESTATE OF
RAMSAY TEMPLETON, Filed: November 21, 2023
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Bridget Corridon, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On February 24, 2022, Sebastian Templeton, as Personal Representative of the
Estate of Ramsay Templeton, filed a petition for compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine
Act”).3 Petitioner alleges that Ramsay Templeton suffered injuries, including Guillain-
1 Because this Ruling 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 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 (2018).
3 The case was originally filed by Sabine Templeton, but on March 29, 2022, the caption was amended to
name Sebastien Templeton as the petitioner based on recently obtained Letters of Administration naming
him as the personal representative of the estate (ECF Nos. 7,10).

Case 1:22-vv-00210-UNJ Document 36 Filed 01/02/24 Page 2 of 4
Barré syndrome (“GBS”) and death, resulting from an influenza (“flu”) vaccine received
on October 19, 2019. Petition at 1. Petitioner further alleges the vaccine was received in
the United States, Ramsay Templeton’s injury resulted in death, and neither Petitioner,
nor any other party, has ever received compensation in the form of an award or settlement
for Ramsay Templeton’s vaccine-related injury. Petition at ¶¶ 1, 6, 7. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
I. Relevant Procedural History
On April 14, 2023, Respondent filed his Rule 4(c) Report (ECF No. 23).
Respondent conceded that Petitioner is entitled to compensation for the injury claim, but
asserted that the claim for the death benefit was untimely and must be dismissed.
Following a telephonic status conference on May 3, 2023, the parties agreed to begin
negotiations (ECF Nos. 25-30).
On October 6, 2023, Petitioner filed a joint status report (ECF No. 31). The parties
requested that I issue a ruling on entitlement based on the existing pleadings and record.
Id. On October 18, 2023, Petitioner filed a status report stating that Petitioner had been
informed that without a ruling on entitlement, Respondent could not move forward with a
proffer (ECF No. 32).
A telephonic status conference was held on November 20, 2023. Mike Milmoe
appeared on behalf of Petitioner, and Bridget Corridon appeared on behalf of
Respondent. During the call, Respondent’s counsel explained that without a ruling on
entitlement, the parties were unable to negotiate. Thus, a ruling on entitlement addressing
the injury and death claim would help move the case forward. Respondent’s counsel
stated that she would be willing to file a status report providing an update on the parties’
discussions within two weeks of issuance of a ruling on entitlement. Petitioner’s counsel
had no objection.
II. Relevant Factual History
On October 19, 2019, Ramsay Templeton received a flu vaccine in his left deltoid
at CVS Pharmacy. Ex. 1 at 1. Eleven days later (on October 30, 2019), he went to the
emergency department, stating that the night before his legs had begun to tingle and his
hands and arms felt weak. Ex. 2 at 12. He was transferred to another hospital and
admitted the same day. Ex. 3 at 10.
While hospitalized, Ramsay Templeton was seen by neurologist Dr. Kenneth
Hentschel, who determined he may have acute inflammatory demyelinating
2

Case 1:22-vv-00210-UNJ Document 36 Filed 01/02/24 Page 3 of 4
polyradiculoneuropathy (“AIDP”), a form of GBS, related to his recent vaccination. Ex. 3
at 23. On November 2, 2019, IVIG was started for suspected AIDP. Id. at 139.
Unfortunately, Ramsay Templeton did not improve despite several doses of IVIG
and five rounds of plasmapheresis. Ex. 3 at 42. On November 17, 2019, his condition
took a dramatic turn for the worse, and he died that day. Id.
III. Ruling on Entitlement on Injury Claim
Respondent recommends compensation for the GBS injury claim. Rule 4(c) Report
at *5. Respondent states 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.
Respondent agrees that Petitioner has met the requirements of Section 11(c)(1)(D). Id.
Respondent further agrees that the injury claim was filed within the applicable statute of
limitations. Id.
In view of Respondent’s position and the evidence in the record, I find that
Petitioner is entitled to compensation for the injury claim.
IV. Claim for Death Benefit
While conceding the Table claim, Respondent also argues that Petitioner’s claim
for the death benefit is untimely and must be dismissed. Rule 4(c) Report at *4. The
petition was filed over three months after the two-year statutory deadline established by
Section 16(a)(3). Id.
Pursuant to Section 16(a), a claim for a vaccine-related death must be filed within
24 months of the date of death. Section 16(a)(3). A claim for a vaccine-related injury, by
contrast, is timely if filed within 36 months of the occurrence of the first symptom or
manifestation of onset. Section 16(a)(2).
In this case, Ramsay Templeton died on November 17, 2019. Thus, for a death-
related claim to be timely, it should have been filed by November 17, 2021. The petition
in this case was filed on February 24, 2022, however, over three months after the
limitations period expired. The claim for the death benefit is untimely, even though a claim
3

Case 1:22-vv-00210-UNJ Document 36 Filed 01/02/24 Page 4 of 4
for injuries due to GBS (based on an onset that preceded death by less than a month)
does not run afoul of the Act’s limitations period.4
Conclusion
Based on my review of the record as a whole, I find that Petitioner is entitled to
compensation for Ramsay Templeton’s GBS. However, the death claim is dismissed as
untimely.
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
4 This case has similarities to another matter – but which resulted in the opposite outcome, based on the
timing of death versus GBS onset. Griglock v. Sec’y of Health & Human Servs., No. 09-275V, 2011 WL
839738 (Fed. Cl. Spec. Mstr. Feb. 11, 2011), mot. for rev. denied, 99 Fed. C. 373 (2011), aff’d, 687 F.3d
1371 (Fed. Cir. 2012). In Griglock, the decedent developed GBS following a flu vaccine in late 2005.
Griglock, 2011 WL 839738, at *1. She was hospitalized and placed on a ventilator, which she remained on
until her death in May 2007, 18 months after developing GBS. Id. The executor of her estate filed a petition
in April 2009, which was within the 24 month period allowed to file a death claim, but more than 36 months
after the onset of her illness. Id. Thus, the petition was timely as to the death benefit claim, but untimely as
to the injury claim. Id. The special master determined that the petitioner was entitled to compensation, but
only for the death benefit. Id. at *12.
4

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DOCUMENT 2: USCOURTS-cofc-1_22-vv-00210-1
Date issued/filed: 2024-05-03
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 04/03/2024) regarding 41 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:22-vv-00210-UNJ Document 45 Filed 05/03/24 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0210V
SEBASTIEN TEMPLETON as personal Chief Special Master Corcoran
representative of ESTATE OF
RAMSAY TEMPLETON, Filed: April 3, 2024
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Bridget Corridon, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On February 24, 2022, Sebastian Templeton, as Personal Representative of the
Estate of Ramsay Templeton, filed a petition for compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine
Act”).3 Petitioner alleges that Ramsay Templeton suffered injuries, including Guillain-
Barré syndrome (“GBS”) and death, resulting from an influenza (“flu”) vaccine received
on October 19, 2019. Petition at 1. Petitioner further alleges the vaccine was received in
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).
3 The case was originally filed by Sabine Templeton, but on March 29, 2022, the caption was amended to
name Sebastien Templeton as the petitioner based on recently obtained Letters of Administration naming
him as the personal representative of the estate (ECF Nos. 7, 10).

Case 1:22-vv-00210-UNJ Document 45 Filed 05/03/24 Page 2 of 5
the United States, Ramsay Templeton’s injury resulted in death, and neither Petitioner,
nor any other party, has ever received compensation in the form of an award or settlement
for Ramsay Templeton’s vaccine-related injury. Petition at ¶¶ 1, 6, 7. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On November 21, 2023, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for GBS, but dismissing the death claim as untimely. On April 3,
2024, Respondent filed a proffer on award of compensation (“Proffer”) indicating
Petitioner should be awarded $180,000.00. 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 $180,000.00 (for 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.4
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
4 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-00210-UNJ Document 45 Filed 05/03/24 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
SEBASTIEN TEMPLETON, as
Personal Representative of the
ESTATE OF RAMSAY TEMPLETON, No. 22-210V
Chief Special Master Corcoran
Petitioner, SPU
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On February 24, 2022, Sebastien Templeton (petitioner), on behalf of the estate of the
decedent, Ramsay Templeton, filed a petition for compensation under the National Childhood
Vaccine Injury Act of 1986, as amended (“the Vaccine Act” or “the Act”), 42 U.S.C. §§ 300aa-1
to -34. Petitioner alleges that the decedent suffered Guillain-Barré syndrome (GBS) as a result
of an influenza (flu) vaccine administered to him on October 19, 2019, at sixty-six years of age,
which resulted in his death on November 17, 2019. See Petition. On April 14, 2023, respondent
filed his Vaccine Rule 4(c) report, concluding that petitioner suffered GBS as defined by the
Vaccine Injury Table, within the Table timeframe. ECF No. 23 at 1. Respondent recommended
compensation be awarded for decedent’s surviving injury claim only, as petitioner’s additional
claim for the death benefit (42 U.S.C. § 300aa-15(a)(2)) was untimely filed. Id. On November
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-00210-UNJ Document 45 Filed 05/03/24 Page 4 of 5
21, 2023, Chief Special Master Corcoran issued a ruling on entitlement, finding that petitioner
was entitled to compensation for a GBS Table injury claim. ECF No. 33 at 4. Chief Special
Master Corcoran dismissed the death benefit claim as untimely. Id.
II. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
a lump sum of $180,000.00 for the decedent’s past pain and suffering. 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 $180,000.00 in
the form of a check payable to petitioner. 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
DARRYL R. WISHARD
Assistant Director
Torts Branch, Civil Division
2

Case 1:22-vv-00210-UNJ Document 45 Filed 05/03/24 Page 5 of 5
s/ Bridget A. Corridon
BRIDGET A. CORRIDON
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) 305-4117
Email: bridget.corridon@usdoj.gov
DATED: April 3, 2024
3