VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00776
Package ID: USCOURTS-cofc-1_22-vv-00776
Petitioner: James Tyree
Filed: 2022-07-18
Decided: 2023-12-05
Vaccine: influenza
Vaccination date: 2020-10-03
Condition: Guillain-Barre Syndrome
Outcome: compensated
Award amount USD: 200000

AI-assisted case summary:
James Tyree filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine he received on October 3, 2020. The respondent, the Secretary of Health and Human Services, conceded that Mr. Tyree was entitled to compensation. The respondent agreed that Mr. Tyree met the criteria set forth in the Vaccine Injury Table, including the presumption of causation for GBS occurring within the specified timeframe after a seasonal flu vaccination, and that there was no apparent alternative cause. A ruling on entitlement was issued on September 13, 2023, finding Mr. Tyree entitled to compensation. Subsequently, on November 3, 2023, the parties submitted a proffer on the award of compensation. The court awarded Mr. Tyree a lump sum payment of $200,000.00 for pain and suffering, representing all damages available under the program. This award was made in the form of a check payable to Mr. Tyree.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00776-0
Date issued/filed: 2023-10-20
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 09/13/2023) regarding 32 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made.
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Case 1:22-vv-00776-UNJ Document 36 Filed 10/20/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0776V
JAMES TYREE, Chief Special Master Corcoran
Petitioner, Filed: September 13, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jessi Carin Huff, Maglio Christopher & Toale, PA, Seattle, WA, for Petitioner.
Bridget Corridon, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On July 18, 2022, James Tyree 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-Barre Syndrome (“GBS”) resulting from
an influenza (“flu”) vaccine received on October 3, 2020. Petition at ¶¶ 1, 19-21. Petitioner
further alleges he received the flu vaccine in the United States, his vaccine-related injuries
have lasted for more than six months, and neither he nor any other party has ever brought
an action, or received compensation in the form of an award or settlement, for Petitioner’s
vaccine-related injuries. Petition at ¶¶ 22, 24-25, Ex. 1. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
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).

Case 1:22-vv-00776-UNJ Document 36 Filed 10/20/23 Page 2 of 2
On September 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 (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 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-00776-1
Date issued/filed: 2023-12-05
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 11/03/2023) regarding 38 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:22-vv-00776-UNJ Document 39 Filed 12/05/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0776V
JAMES TYREE, Chief Special Master Corcoran
Petitioner, Filed: November 3, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jessi Carin Huff, Maglio Christopher & Toale, PA, Seattle, WA, for Petitioner.
Bridget Corridon, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On July 18, 2022, James Tyree 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-Barre Syndrome (“GBS”) resulting from
an influenza (“flu”) vaccine received on October 3, 2020. Petition at ¶¶ 1, 19-21. Petitioner
further alleges he received the flu vaccine in the United States, his vaccine-related injuries
have lasted for more than six months, and neither he nor any other party has ever brought
an action, or received compensation in the form of an award or settlement, for Petitioner’s
vaccine-related injuries. Petition at ¶¶ 22, 24-25, Ex. 1. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On September 13, 2023, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for GBS. On November 3, 2023, Respondent filed a proffer on
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-00776-UNJ Document 39 Filed 12/05/23 Page 2 of 5
award of compensation (“Proffer”) indicating Petitioner should be awarded $200,000.00.
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 $200,000.00 (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.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-00776-UNJ Document 39 Filed 12/05/23 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
JAMES TYREE,
Petitioner, No. 22-776V
Chief Special Master Corcoran
v. ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On July 18, 2022, James Tyree (“petitioner”) 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 he received an influenza (“flu”) vaccination
on October 3, 2020, and thereafter suffered from Guillain-Barré Syndrome (“GBS”). See
Petition at 1, 3. On September 12, 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. 31. On September 13, 2023, Chief Special Master Corcoran issued a ruling
on entitlement, finding that petitioner was entitled to compensation for a GBS Table injury. ECF
No. 32.
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-00776-UNJ Document 39 Filed 12/05/23 Page 4 of 5
II. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
a lump sum of $200,000.00, for 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 $200,000.00 in
the form of a check payable to petitioner.2 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
TRACI R. PATTON
Assistant Director
Torts Branch, Civil Division
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-00776-UNJ Document 39 Filed 12/05/23 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: November 3, 2023
3