VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00914
Package ID: USCOURTS-cofc-1_22-vv-00914
Petitioner: James Conley
Filed: 2022-08-16
Decided: 2024-03-04
Vaccine: influenza
Vaccination date: 2020-12-01
Condition: Guillain-Barré syndrome
Outcome: compensated
Award amount USD: 152687

AI-assisted case summary:
James Conley filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered from Guillain-Barré syndrome (GBS) as a result of receiving an influenza vaccination on December 1, 2020. He further alleged that he suffered the residual effects of his injury for more than six months. The respondent conceded that Mr. Conley is entitled to compensation, having satisfied the criteria set forth in the Vaccine Injury Table for GBS, which affords a presumption of causation if the onset occurs between three and forty-two days after a seasonal flu vaccination and there is no apparent alternative cause. A Ruling on Entitlement was issued on August 15, 2023, finding Mr. Conley entitled to compensation. Subsequently, on January 31, 2024, the respondent filed a Proffer on award of compensation, stating that Mr. Conley should be awarded $150,000.00 for pain and suffering and $2,687.99 to satisfy the State of Ohio Medicaid lien. Mr. Conley agreed with this proffered award. The Chief Special Master issued a Decision Awarding Damages on March 4, 2024, awarding Mr. Conley a total of $152,687.99, comprising $150,000.00 for pain and suffering and $2,687.99 for the Medicaid lien.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00914-0
Date issued/filed: 2023-09-15
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/15/2023) regarding 28 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:22-vv-00914-UNJ Document 31 Filed 09/15/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-914V
JAMES CONLEY, Chief Special Master Corcoran
Petitioner, Filed: August 15, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner.
Martin Conway Galvin, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On August 16, 2022, James Conley 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 from Guillain-Barré syndrome (“GBS”)
as a result of receiving an influenza (“flu”) vaccination on December 1, 2020. Pet. at 1,
ECF No. 1. Petitioner further alleges that he suffered the residual effects of his injury for
more than six months. Id. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On August 14, 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, ECF No. 27. Specifically, Respondent indicated that Petitioner “has satisfied the criteria
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-00914-UNJ Document 31 Filed 09/15/23 Page 2 of 2
set forth in the Vaccine Injury Table [] and Qualifications and Aids to Interpretation [],
which afford [P]etitioner 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 4. Respondent did not describe any statutory or jurisdictional
issues that would preclude Petitioner from establishing causation. See 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-00914-1
Date issued/filed: 2024-03-04
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 02/02/2024) regarding 38 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:22-vv-00914-UNJ Document 42 Filed 03/04/24 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-914V
JAMES CONLEY, Chief Special Master Corcoran
Petitioner, Filed: February 2, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner.
Elizabeth Andary, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On August 16, 2022, James Conley 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 from Guillain-Barré syndrome (“GBS”)
as a result of an influenza (“flu”) vaccine administered to him on December 1, 2020. Pet.
at 1, ECF No. 1. Petitioner further alleges that the vaccine was received in the United
States, he suffered sequela of his injury for more than six months, and neither Petitioner
nor any other party has ever received compensation in the form of an award or settlement
for his vaccine-related injury. Id. at 1, 9. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On August 15, 2023, a Ruling on Entitlement was issued, finding Petitioner entitled
to compensation for his GBS. ECF No. 28. On January 31, 2024, Respondent filed a
Proffer on award of compensation (“Proffer”) stating Petitioner should be awarded
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-00914-UNJ Document 42 Filed 03/04/24 Page 2 of 5
$150,000.00 in pain and suffering. Proffer at 1, ECF No. 37. Respondent also stated
Petitioner should be awarded funds to satisfy the State of Ohio Medicaid lien in the
amount of $2,687.99. Id. at 2. In the Proffer, Respondent represented that Petitioner
agrees with the proffered award. Id. at 1-2. 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 two lump
sum payments as follows:
A. A lump sum payment of $150,000.00 for pain and suffering, in the form of
a check payable to Petitioner; and
B. A lump sum payment of $2,687.99, representing compensation for
satisfaction of the State of Ohio Medicaid Lien, in the form of a check
payable jointly to Petitioner and:
Ohio Tort Recovery Unit
5475 Rings Road Suite 200
Dublin, OH 43017
Petitioner has agreed to endorse the check to the State of Ohio (Ohio Tort
Recovery Unit) for satisfaction of the Medicaid lien.
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-00914-UNJ Document 42 Filed 03/04/24 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
JAMES CONLEY,
Petitioner,
v. No. 22-914V
Chief Special Master Brian H. Corcoran
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On August 16, 2022, James Conley (“petitioner”) filed a petition for compensation under
the National Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C. §§ 300aa-1 to -34,
(“Vaccine Act” or “Act”) alleging that an influenza (“flu”) vaccination administered to him on
December 1, 2020, caused him to develop Guillain-Barré Syndrome (“GBS”). See Petition at 1.
On August 14, 2023, the Secretary of Health and Human Services (“respondent”) filed a
Vaccine Rule 4(c) report concluding that petitioner suffered an injury that is compensable under
the Vaccine Act, that is, Guillain-Barré Syndrome (“GBS”), as defined in the Vaccine Injury
Table. ECF No. 27. Accordingly, on August 15, 2023, the Chief Special Master issued a Ruling
on Entitlement finding petitioner entitled to compensation. ECF No. 28.
I. Items of Compensation
A. Pain and Suffering
Based upon the evidence of record, respondent proffers that petitioner should be awarded
a lump sum of $150,000.00 for pain and suffering, in the form of a check payable to petitioner.
Petitioner agrees.

Case 1:22-vv-00914-UNJ Document 42 Filed 03/04/24 Page 4 of 5
B. Medicaid Lien
Responded proffers that petitioner should be awarded funds to satisfy the State of Ohio
Medicaid lien in the amount of $2,687.99, which represents full satisfaction of any right of
subrogation, assignment, claim, lien, or cause of action the State of Ohio may have against any
individual as a result of any Medicaid payments the State of Ohio has made to or on behalf of
petitioner from the date of his eligibility for benefits through the date of judgment in this case as
a result of his alleged vaccine-related injury suffered on or about December 12, 2020, under Title
XIX of the Social Security Act.
The above amounts represent all elements of compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
The parties recommend that compensation provided to petitioner should be made through
two lump sum payments described below, and request that the Chief Special Master’s decision
and the Court’s judgment award the following: 1
A. A lump sum payment of $150,000.00 in the form of a check payable to petitioner; and
B. A lump sum payment of $2,687.99, representing compensation for satisfaction of the
State of Ohio Medicaid lien, in the form of a check payable jointly to petitioner and:
Ohio Tort Recovery Unit
5475 Rings Road Suite 200
Dublin, OH 43017
Petitioner agrees to endorse the check to the State of Ohio (Ohio Tort Recovery Unit) for
satisfaction of the Medicaid lien.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
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 medical
expenses, future pain and suffering, and future lost wages.
2

Case 1:22-vv-00914-UNJ Document 42 Filed 03/04/24 Page 5 of 5
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, James E. Conley: $150,000.00
Lump sum payable jointly to petitioner and Ohio Tort Recovery Unit: $2,687.99
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
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
/s/ ELIZABETH A. ANDARY
ELIZABETH A. ANDARY
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) 616-9824
E-mail: Elizabeth.A.Andary@usdoj.gov
Dated: January 31, 2024
3