VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00478
Package ID: USCOURTS-cofc-1_22-vv-00478
Petitioner: David Matsel
Filed: 2022-04-28
Decided: 2023-10-03
Vaccine: influenza
Vaccination date: 2020-09-15
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 386675

AI-assisted case summary:
Royann Matsel, as the wife and representative of the Estate of David Matsel, filed a petition for compensation under the National Vaccine Injury Compensation Program. She alleged that David Matsel received an influenza vaccine on September 15, 2020, and subsequently developed Guillain-Barre Syndrome (GBS), which resulted in his death. The petition stated that the vaccine was administered in the United States and that Mr. Matsel died from complications of GBS. The respondent filed a Rule 4(c) report conceding that the claim met the Table criteria for GBS and that Mr. Matsel's death was related to his GBS. A ruling on entitlement was issued on March 31, 2023, finding Petitioner entitled to compensation. Subsequently, on August 30, 2023, the respondent filed a proffer on award of compensation, proposing an award of $386,675.00, which included compensation for vaccine-related death, past pain and suffering, and past unreimbursable expenses. Petitioner agreed with the proffered award. The Chief Special Master issued a decision awarding Petitioner the lump sum of $386,675.00.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00478-0
Date issued/filed: 2023-05-03
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 03/31/2023) regarding 23 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:22-vv-00478-UNJ Document 25 Filed 05/03/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0478V
UNPUBLISHED
ROYANN MATSEL, as Wife and as Chief Special Master Corcoran
Representative of ESTATE OF DAVID
MATSEL, Filed: March 31, 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, Death
Respondent.
Mark Paul Schloegel, Popham Law Firm, Kansas City, MO, for Petitioner.
Kimberly Shubert Davey, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On April 28, 2022, Royann Matsel, as wife and representative of the Estate of
David Matsel, 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 David Matsel suffered Guillain-Barre Syndrome (“GBS”), resulting in his
death, as a result of an influenza vaccine received on September 15, 2020. Petition at 1.
Petitioner further alleges the vaccine was administered in the United States, Mr. Matsel
died as a result of complications from GBS, and neither Petitioner, nor Mr. Matsel or any
other party, has ever filed an action, or received compensation, for Mr. Matsel’s vaccine-
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-00478-UNJ Document 25 Filed 05/03/23 Page 2 of 2
related injury. Petition at ¶¶ 3, 17, 19, 20. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On March 31, 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 agrees that the Vaccine Injury Table and Qualifications and
Aids to Interpretation for GBS “requirements are satisfied, and there is no alternative
cause that explains Mr. Matsel’s condition or death, [and] petitioner is entitled to
compensation under the Act.” Id. at 5-6.
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-00478-1
Date issued/filed: 2023-10-03
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 08/30/2023) regarding 30 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:22-vv-00478-UNJ Document 34 Filed 10/03/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0478V
ROYANN MATSEL, as Wife and as Chief Special Master Corcoran
Representative of ESTATE OF DAVID
MATSEL, Filed: August 30, 2023
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Mark Paul Schloegel, Popham Law Firm, Kansas City, MO, for Petitioner.
Kimberly Shubert Davey, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On April 28, 2022, Royann Matsel, as wife and representative of the Estate of
David Matsel, 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 David Matsel suffered Guillain-Barre Syndrome (“GBS”), resulting in his
death, as a result of an influenza vaccine received on September 15, 2020. Petition at 1.
Petitioner further alleges the vaccine was administered in the United States, Mr. Matsel
died as a result of complications from GBS, and neither Petitioner, nor Mr. Matsel or any
other party, has ever filed an action, or received compensation, for Mr. Matsel’s vaccine-
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-00478-UNJ Document 34 Filed 10/03/23 Page 2 of 5
related injury. Petition at ¶¶ 3, 17, 19, 20. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On March 31, 2023, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for GBS and resulting death. On August 30, 2023, Respondent filed a
proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded
$386,675.00. 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 $386,675.00, in the form of a check payable to Royann Matsel, as
personal representative of the Estate of David Matsel; which is comprised of the
following:
A. A lump sum payment of $250,000.00, which represents compensation for the
statutory benefit for a vaccine-related death;
B. A lump sum payment of $135,000.00, which represents compensation for
past pain and suffering; and
C. A lump sum payment of $1,675.00 for past unreimbursable expenses related
to David Matsel’s vaccine-related injury.
These amounts represent 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-00478-UNJ Document 34 Filed 10/03/23 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
ROYANN MATSEL as wife and the )
representative of the Estate of )
David Matsel, )
)
Petitioner, )
) No. 22-478V
v. ) Chief Special Master Corcoran (SPU)
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On April 28, 2022, Royann Matsel, as personal representative of the Estate of David
Matsel,1 filed a petition stating that David Matsel developed Guillain-Barré syndrome (“GBS”),
a Vaccine Table Injury, within the Table time frame following administration of a flu vaccine on
September 15, 2020. Petitioner also alleged that David Matsel’s death is a sequelae of his GBS.
On March 31, 2023, respondent filed a Rule 4(c) Report, conceding that petitioner’s
claim meets the Table criteria for a GBS injury, and that his death was related to his GBS. ECF
No. 22. The Court subsequently issued a Ruling on Entitlement finding petitioner entitled to
compensation under the Vaccine Act. ECF No. 23.
1 Petitioner filed documentation on May 2, 2022, establishing that on February 2, 2022, she was
appointed personal representative of David Matsel’s Estate under the laws of the State of
Missouri. See Exhibit 6. All references to petitioner herein refer solely to Royann Matsel in her
representative capacity as the personal representative of the Estate of David Matsel.

Case 1:22-vv-00478-UNJ Document 34 Filed 10/03/23 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,
b. a lump sum payment of $135,000.00, which represents compensation for past pain
and suffering, and
c. a lump sum payment of $1,675.00 for past unreimbursable expenses related to
David Matsel’s vaccine-related injury.
These amounts represent all elements of compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a)(2), (a)(4), and (a)(1)(B).2 Petitioner agrees.
II. Form of the Award
Respondent recommends that petitioner be awarded a lump sum payment of $386,675.00,
in the form of a check payable to petitioner, Royann Matsel, as personal representative of the
Estate of David Matsel.3 Petitioner agrees.
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
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 David Matsel 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 David Matsel
upon submission of written documentation of such appointment to the Secretary.
2

Case 1:22-vv-00478-UNJ Document 34 Filed 10/03/23 Page 5 of 5
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
LARA A. ENGLUND
Assistant Director
Torts Branch, Civil Division
/s/ Kimberly S. Davey
KIMBERLY S. DAVEY
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) 307-1815
Kimberly.Davey@usdoj.gov
Dated: August 29, 2023
3