VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00558
Package ID: USCOURTS-cofc-1_22-vv-00558
Petitioner: Kevin Scherer
Filed: 2022-05-23
Decided: 2023-07-13
Vaccine: influenza
Vaccination date: 2019-10-02
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 676876

AI-assisted case summary:
Kevin Scherer filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that his influenza vaccination on October 2, 2019, caused him to develop Guillain-Barre Syndrome (GBS). He further claimed that he suffered residual effects for more than six months. The respondent conceded that Mr. Scherer's GBS was a Table injury, meeting the criteria for a presumption of causation, including timely onset after a seasonal flu vaccination and no apparent alternative cause. The respondent also confirmed that Mr. Scherer timely filed his case, received the vaccine in the United States, and met the statutory severity requirement. Based on the respondent's concession and the evidence, the court found Mr. Scherer entitled to compensation. Subsequently, the parties reached a proffer agreement for damages. The court awarded Mr. Scherer a total of $676,876.40, which included $188,050.00 for pain and suffering, $3,930.55 for past unreimbursable expenses, and $484,895.85 for lost wages. This award was presented as a lump sum payment.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00558-0
Date issued/filed: 2023-05-19
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/18/2023) regarding 21 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:22-vv-00558-UNJ Document 24 Filed 05/19/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0558V
UNPUBLISHED
KEVIN SCHERER, Chief Special Master Corcoran
Petitioner, Filed: April 18, 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.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner.
Jamica Marie Littles, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On May 23, 2022, Kevin Scherer 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 his receipt of an influenza (“flu”) vaccination on
October 2, 2019, caused him to develop Guillain-Barré Syndrome (“GBS”), a Table injury.
Petition at 1, 11. Petitioner further alleges that he suffered the residual effects of his
vaccine injury for more than six months. Petition at 10. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On April 18, 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 “petitioner has satisfied the criteria set forth in
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-00558-UNJ Document 24 Filed 05/19/23 Page 2 of 2
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 “records show that
petitioner timely filed this case, received the flu vaccine in the United States, and
satisfied the statutory severity requirement by suffering the residual effects or
complications of GBS for more than six months after vaccine administration,” and thus,
Petitioner has satisfied all legal prerequisites for compensation under the Act. 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-00558-1
Date issued/filed: 2023-07-13
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 06/12/2023) regarding 26 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:22-vv-00558-UNJ Document 32 Filed 07/13/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0558V
UNPUBLISHED
KEVIN SCHERER, Chief Special Master Corcoran
Petitioner, Filed: June 12, 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.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner.
Jamica Marie Littles, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On May 23, 2022, Kevin Scherer 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 his receipt of an influenza (“flu”) vaccination on
October 2, 2019, caused him to develop Guillain-Barré Syndrome (“GBS”), a Table injury.
Petition at1, 11. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On April 18, 2023, a ruling on entitlement was issued, finding Petitioner entitled to
compensation. On June 9, 2023, Respondent filed a proffer on award of compensation
(“Proffer”) indicating Petitioner should be awarded a total of $676,876.40 consisting of
$188,050.00 in pain and suffering, $3,930.55 in past unreimbursable expenses, and
$484,895.85 for lost wages. Proffer at 2. In the Proffer, Respondent represented that
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-00558-UNJ Document 32 Filed 07/13/23 Page 2 of 5
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 $676,876.40 (consisting of $188,050.00 in pain and suffering,
$3,930.55 in past unreimbursable expenses, and $484,895.85 for lost wages), 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-00558-UNJ Document 32 Filed 07/13/23 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
KEVIN SCHERER, )
)
Petitioner, ) No. 22-558V
) Chief Special Master Corcoran
v. ) ECF
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
___________________________________ )
PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On May 23, 2022, Kevin Scherer (“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 2,
2019, he suffered from Guillain-Barre Syndrome (“GBS”). See Petition at 1, ECF No. 1. On
April 18, 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. 20. On the
same day, Chief Special Master Corcoran issued a ruling on entitlement, finding that petitioner is
entitled to compensation for a GBS Table injury. ECF No. 21.
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-00558-UNJ Document 32 Filed 07/13/23 Page 4 of 5
II. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $188,050.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that he incurred past unreimbursable expenses
related to his vaccine-related injury. Respondent proffers that petitioner should be awarded past
unreimbursable expenses in the amount of $3,930.55. See 42 U.S.C. § 300aa-15(a)(1)(B).
Petitioner agrees.
C. Lost Wages
Evidence supplied by petitioner documents that he incurred past and future lost wages as
a result of his vaccine-related injury. Respondent proffers that petitioner should be awarded lost
wages in the amount of $484,895.85. See 42 U.S.C. § 300aa-15(a)(3)(A). Petitioner agrees.
These amounts represent 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 $676,876.40 in
the form of a check payable to petitioner.2 Petitioner agrees.
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-00558-UNJ Document 32 Filed 07/13/23 Page 5 of 5
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
/s/ Jamica M. Littles
JAMICA M. LITTLES
Trial Attorney
Torts Branch, Civil Division
U. S. Department of Justice
P.O. Box l46, Benjamin Franklin Station
Washington, D.C. 20044-0146
Telephone: (202) 616-4179
Email: jamica.m.littles@usdoj.gov
Dated: June 9, 2023
3