VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00711
Package ID: USCOURTS-cofc-1_22-vv-00711
Petitioner: S.B.
Filed: 2023-02-10
Decided: 2024-08-14
Vaccine: influenza
Vaccination date: 2019-10-02
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 288926

AI-assisted case summary:
On June 24, 2022, Van Blue, Jr., as the parent and natural guardian of his minor child S.B., filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition alleged that S.B. suffered from Guillain-Barre Syndrome (GBS) as a result of an influenza vaccination received on October 2, 2019. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on February 9, 2023, conceding that S.B. met the criteria for GBS as a Table injury following a seasonal influenza vaccine and that her medical records did not contain evidence of an alternative cause. Based on this concession, Chief Special Master Brian H. Corcoran issued a ruling on entitlement on February 10, 2023, finding S.B. entitled to compensation. Subsequently, the parties reached an agreement on damages. On August 14, 2024, Chief Special Master Corcoran issued a decision awarding a total of $288,926.76. This award comprised a lump sum of $205,000.00 for pain and suffering, payable to Van Blue, Jr. for the benefit of S.B., and a lump sum of $83,926.76 to satisfy a Medicaid lien, payable jointly to Van Blue, Jr. and the Commonwealth of Pennsylvania Department of Human Services. Petitioner counsel was Paul R. Brazil of Muller Brazil, LLP. Respondent counsel was Camille Michelle Collett of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or the medical expert witnesses involved in this case.

Theory of causation field:
Petitioner Van Blue, Jr., filed on behalf of minor S.B., alleging Guillain-Barre Syndrome (GBS) resulting from an influenza vaccination received on October 2, 2019. Respondent conceded that S.B. met the criteria for GBS as a Table injury following a seasonal influenza vaccine, and that her medical records did not contain evidence of an alternative cause or fail to meet severity criteria. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on February 10, 2023, finding Petitioner entitled to compensation. A subsequent decision on August 14, 2024, awarded $205,000.00 for pain and suffering and $83,926.76 to satisfy a Medicaid lien, for a total award of $288,926.76. Petitioner counsel was Paul R. Brazil; respondent counsel was Camille Michelle Collett. The public text indicates a "Table" theory of causation for GBS following an influenza vaccine, with no alternative cause identified. No specific medical experts or detailed mechanism of injury were described in the public text.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00711-0
Date issued/filed: 2023-03-13
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 02/10/2023) 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-00711-UNJ Document 23 Filed 03/13/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0711V
UNPUBLISHED
VAN BLUE, JR., as parent and natural Chief Special Master Corcoran
guardian of S.B., a minor,
Filed: February 10, 2023
Petitioner,
v. Special Processing Unit (SPU);
Ruling on Entitlement; Concession;
SECRETARY OF HEALTH AND Table Injury; Influenza (Flu) Vaccine;
HUMAN SERVICES, Guillain-Barre Syndrome (GBS)
Respondent.
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On June 24, 2022, Van Blue, Jr. filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”) on behalf of his minor child, S.B. Petitioner alleges that S.B. suffered from
Guillain-Barre Syndrome (“GBS”) as a result of an influenza (flu) vaccination she received
on October 2, 2019. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On February 9, 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 “it 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-00711-UNJ Document 23 Filed 03/13/23 Page 2 of 2
satisfied the criteria set forth in the Vaccine Injury Table (“Table”) and the Qualifications
and Aids to Interpretation (“QAI”) for GBS as a result of a seasonal influenza vaccine.” Id.
at 9. Respondent further agrees that “S.B.’s medical records do not contain any evidence
of an alternate cause for S.B.’s condition and her records demonstrate that she has met
the severity criteria.” 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-00711-1
Date issued/filed: 2024-08-14
Pages: 6
Docket text: PUBLIC DECISION (Originally filed: 07/08/2024) regarding 36 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:22-vv-00711-UNJ Document 40 Filed 08/14/24 Page 1 of 6
CORRECTED
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0711V
VAN BLUE, JR., as parent and natural Chief Special Master Corcoran
guardian of S.B., a minor,
Filed: July 8, 2024
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On June 24, 2022, Van Blue, Jr., 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 child, S.B., suffered Guillain-Barre Syndrome
(“GBS”) following an influenza vaccination she received on October 2, 2019. Petition at
1.The case was assigned to the Special Processing Unit of the Office of Special Masters.
On February 10, 2023, a ruling on entitlement was issued, finding Petitioner
entitled to compensation. On July 3, 2024, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $205,000.00 for pain
and suffering, plus $83,926.76 to satisfy a Medicaid lien. 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.
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-00711-UNJ Document 40 Filed 08/14/24 Page 2 of 6
Pursuant to the terms stated in the attached Proffer, I award the following:
• A lump sum payment of $205,000.00 for pain and suffering in the form
of a check payable to Petitioner, Van Blue, Jr. for the benefit of S.B.;
and
• A lump sum payment of $83,926.76 in the form of a check jointly
payable to Petitioner and the Department of Human Services,
Recovery Section – CIS#320258727, P.O. Box 8486, Harrisburg, PA
17105-8486, representing reimbursement of a Medicaid lien for services
received by Petitioner from the State of Pennsylvania.
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-00711-UNJ Document 40 Filed 08/14/24 Page 3 of 6
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
S.B., a minor, by and through her parent and
natural guardian, VAN BLUE, JR.
Petitioner,
No. 22-711V
Chief Special Master Corcoran (SPU)
v.
ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
PROFFER ON AWARD OF COMPENSATION1
On June 24, 2022, Van Blue Jr., (“petitioner”) as parent and natural guardian of the minor
child, S.B., 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”). Petitioner alleged that S.B.
suffered a Table GBS injury, as the result of an influenza (“flu”) vaccination received on October
2, 2019. Petition at 1.
On February 9, 2023, respondent filed his Vaccine Rule 4(c) report, concluding that S.B.
suffered GBS as defined by the Vaccine Injury Table, within the Table timeframe, and with no
apparent alternative cause. The next day, on February 10, 2023, Chief Special Master Corcoran
issued a ruling on entitlement, finding that petitioner was entitled to compensation for S.B.’s Table
GBS injury. The parties reached agreement on damages on June 10, 2024.
1 This Proffer does not include attorneys’ fees and costs, which the parties intend to
address after the Damages Decision is issued.
1

Case 1:22-vv-00711-UNJ Document 40 Filed 08/14/24 Page 4 of 6
I. Compensation for Vaccine Injury-Related Items
A. Pain and Suffering
Based upon the evidence of record, respondent proffers that petitioner, for the benefit of S.B.,
should be awarded a lump sum of $205,000.00, for pain and suffering, in the form of a check
payable to petitioner. Petitioner agrees.
B. Medicaid Lien
Respondent proffers that petitioner should be awarded funds to satisfy the
Commonwealth of Pennsylvania Medicaid lien in the amount of $83,926.76, which represents
full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the
Commonwealth of Pennsylvania may have against any individual as a result of any Medicaid
payments the Commonwealth of Pennsylvania has made to or on behalf of S.B. through
petitioner from the date of S.B.’s eligibility for benefits through the date of judgment in this case
as a result of S.B.’s alleged vaccine-related injury suffered on or about October 13, 2019 under
Title XIX of the Social Security Act.
The above amounts represent all elements of compensation to which petitioner, on S.B.’s
behalf, would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
The parties recommend that the compensation provided to S.B. should be made through a
combination of lump sum payments as described below, and request that the Chief Special
Master’s decision and the Court’s judgment award the following:2
A. A lump sum payment of $205,000.00 in the form of a check payable to petitioner
2 Should S.B. 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 medical
expenses, lost future earnings, and future pain and suffering.
2

Case 1:22-vv-00711-UNJ Document 40 Filed 08/14/24 Page 5 of 6
as guardian/conservator of S.B., for the benefit of S.B. Petitioner represents that petitioner
presently is, or within 90 days of the date of judgment will become, duly authorized to serve as
guardian/conservator of S.B.’s estate under the laws of the Commonwealth of Pennsylvania. No
payments shall be made until petitioner provides respondent with documentation establishing
that he has been appointed as the guardian/conservator of S.B.’s estate. If petitioner is not
authorized by a court of competent jurisdiction to serve as guardian/conservator of the estate of
S.B., any such payment shall be made to the party or parties appointed by a court of competent
jurisdiction to serve as guardian(s)/conservator(s) of the estate of S.B. upon submission of
written documentation of such appointment to the Secretary. Further, if guardianship is no
longer required under the laws of the Commonwealth of Pennsylvania after S.B. has attained the
age of majority, any such payment shall be paid to S.B. upon submission of written
documentation of the termination of guardianship to the Secretary.
B. A lump sum payment of $83,926.76, representing compensation for satisfaction
of the Commonwealth of Pennsylvania Medicaid lien, in the form of a check payable jointly to
petitioner on S.B.’s behalf and:
Department of Human Services
Recovery Section – CIS #320358727
P.O. Box 8486
Harrisburg, PA 17105-8486
Petitioner agrees to endorse the check to the Pennsylvania Department of Human
Services for satisfaction of the Medicaid lien.
III. Summary of Recommended Payments Following Judgment
A. Lump Sum paid to petitioner as legal guardian/conservator of the
estate of S.B. for the benefit of S.B. $205,000.00
3

Case 1:22-vv-00711-UNJ Document 40 Filed 08/14/24 Page 6 of 6
B. Lump sum payment payable jointly to petitioner and the
Pennsylvania Department of Human Services in satisfaction
of the Commonwealth of Pennsylvania Medicaid Lien $83,926.76
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
JULIA M. COLLISON
Assistant Director
Torts Branch, Civil Division
/s/ Camille M. Collett
CAMILLE M. COLLETT
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Ben Franklin Station
Washington, DC 20044-0146
Tel: (202) 616-4098
Camille.M.Collett@usdoj.gov
Date: July 3, 2024
4