VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00646
Package ID: USCOURTS-cofc-1_22-vv-00646
Petitioner: Michael Smith
Filed: 2022-06-13
Decided: 2024-11-19
Vaccine: influenza
Vaccination date: 2019-10-19
Condition: Guillain-Barré syndrome (GBS)
Outcome: compensated
Award amount USD: 115045

AI-assisted case summary:
Michael Smith filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that he suffered Guillain-Barré syndrome (GBS) as a result of an influenza vaccine administered on October 19, 2019. The case was assigned to the Office of Special Masters. Respondent filed a Rule 4(c) report conceding that Petitioner is entitled to compensation, agreeing that Petitioner satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation. A ruling on entitlement was issued on May 15, 2023, finding Petitioner entitled to compensation for GBS. Subsequently, on October 15, 2024, Respondent filed a proffer on award of compensation, indicating that Petitioner should be awarded $115,045.64. This amount was comprised of $90,000.00 for pain and suffering, $45.64 for past unreimbursable expenses, and $25,000.00 for lost wages. Petitioner agreed with the proffered award. The Chief Special Master issued a Decision Awarding Damages on November 19, 2024, awarding Petitioner the lump sum of $115,045.64.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00646-0
Date issued/filed: 2023-06-16
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 05/15/2023) regarding 25 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:22-vv-00646-UNJ Document 28 Filed 06/16/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0646V
UNPUBLISHED
MICHAEL SMITH, Chief Special Master Corcoran
Petitioner, Filed: May 15, 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.
Anne Carrion Toale, Maglio Christopher & Toale, PA, Sarasota, FL, for Petitioner.
Adam N. Muffett, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On June 13, 2022, Michael 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 he suffered Guillain-Barré syndrome (“GBS”) as a
result of an influenza (“flu”) vaccine that was administered to him on October 19, 2019.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On May 12, 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 Petitioner has satisfied the criteria set forth in the
Vaccine Injury Table and the Qualifications and Aids to Interpretation. Id. at 7.
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-00646-UNJ Document 28 Filed 06/16/23 Page 2 of 2
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-00646-1
Date issued/filed: 2024-11-19
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 10/17/2024) regarding 54 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:22-vv-00646-UNJ Document 58 Filed 11/19/24 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0646V
MICHAEL SMITH, Chief Special Master Corcoran
Petitioner, Filed: October 17, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Anne Carrion Toale, Maglio Christopher & Toale, PA, Sarasota, FL, for Petitioner.
Adam Nemeth Muffett, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On June 13, 2022, Michael 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 he suffered Guillain-Barré syndrome (“GBS”) as a
result of an influenza (“flu”) vaccine that was administered on October 19, 2019. Petition
at 1. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On May 15, 2023, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for GBS. On October 15, 2024, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $115,045.64
(comprised of $90,000.00 for pain and suffering, $45.64 for past unreimbursable
expenses, and $25,000.00 for lost wages). Proffer at 1-2. In the Proffer, Respondent
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-00646-UNJ Document 58 Filed 11/19/24 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 $115,045.64 (comprised of $90,000.00 in pain and suffering,
$45.64 in past unreimbursable expenses, and $25,000.00 in 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-00646-UNJ Document 58 Filed 11/19/24 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
MICHAEL SMITH, )
)
Petitioner, )
) No. 22-646V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On June 13, 2022, Michael Smith (“petitioner”) filed a petition for compensation under
the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act”
or “Act”), alleging that he suffered from Guillain-Barré Syndrome (“GBS”), as the result of an
influenza vaccine he received on October 19, 2019. Petition at 1, 3. On May 12, 2023, the
Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that
this case is appropriate for compensation under the terms of the Act for a GBS Table injury, and
on May 15, 2023, the Chief Special Master issued a Ruling on Entitlement finding petitioner
entitled to compensation. ECF Nos. 24, 25.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $90,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:22-vv-00646-UNJ Document 58 Filed 11/19/24 Page 4 of 5
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 $45.64. See 42 U.S.C. § 300aa-15(a)(1)(B).
Petitioner agrees.
C. Loss of Earnings
Evidence supplied by petitioner documents that he incurred past lost wages related to his
vaccine-related injury. Respondent proffers that petitioner should be awarded lost wages in the
amount of $25,000.00. See 42 U.S.C. § 300aa-15(a)(3)(A). Petitioner agrees.
II. 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:1 a lump sum payable of $115,045.64 in
the form of a check payable to petitioner.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
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
1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the
Court for appropriate relief. In particular, respondent would oppose any award for future lost
earnings and future pain and suffering.
2

Case 1:22-vv-00646-UNJ Document 58 Filed 11/19/24 Page 5 of 5
JULIA M. COLLISON
Assistant Director
Torts Branch, Civil Division
/s/ Adam N. Muffett
ADAM N. MUFFETT
Trial Attorney
U.S. Department of Justice
Torts Branch, Civil Division
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 616-2895
Adam.muffett@usdoj.gov
Date: October 15, 2024
3