VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-01484 Package ID: USCOURTS-cofc-1_22-vv-01484 Petitioner: Robert William Gebel Filed: 2022-08-07 Decided: 2024-01-12 Vaccine: influenza Vaccination date: 2019-10-09 Condition: Guillain-Barré syndrome Outcome: compensated Award amount USD: 117589 AI-assisted case summary: Robert William Gebel 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 9, 2019. The respondent conceded that Mr. Gebel is entitled to compensation, agreeing that his condition met the criteria set forth in the Vaccine Injury Table and its Qualifications and Aids to Interpretation. A ruling on entitlement was issued on August 7, 2023, finding Mr. Gebel entitled to compensation. Subsequently, on December 7, 2023, the respondent filed a proffer on award of compensation, proposing an award of $117,589.22. This amount was comprised of $117,000.00 for pain and suffering and $589.22 for out-of-pocket medical and related expenses. Mr. Gebel agreed with the proffered award. The Chief Special Master issued a decision awarding Mr. Gebel the lump sum of $117,589.22, representing compensation for all damages available under the Vaccine Act. The petition was filed on August 7, 2023, and the final decision awarding damages was issued on January 12, 2024. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_22-vv-01484-0 Date issued/filed: 2023-09-06 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 08/07/2023) regarding 23 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-01484-UNJ Document 27 Filed 09/06/23 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1484V ROBERT WILLIAM GEBEL, Chief Special Master Corcoran Petitioner, Filed: August 7, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Micheal A. Chehval, Gabriel, McCartney & Wagner, P.C., St. Louis, MO, for Petitioner. Kimberly Shubert Davey, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On October 11, 2022, Robert William Gebel 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 administered to him on October 9, 2019. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On August 4, 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 “[P]etitioner has satisfied the criteria set forth in the Vaccine Injury Table . . . and the Qualifications and Aids to Interpretation.” Id. at 6. 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-01484-UNJ Document 27 Filed 09/06/23 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 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_22-vv-01484-1 Date issued/filed: 2024-01-12 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 12/12/2023) regarding 32 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-01484-UNJ Document 33 Filed 01/12/24 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1484V ROBERT WILLIAM GEBEL, Chief Special Master Corcoran Petitioner, Filed: December 12, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Micheal A. Chehval, Gabriel, McCartney & Wagner, P.C., St. Louis, MO, for Petitioner. Kimberly Shubert Davey, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On October 11, 2022, Robert William Gebel 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 administered to him on October 9, 2019. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On August 7, 2023, a ruling on entitlement was issued, finding Petitioner entitled to compensation for GBS. On December 7, 2023, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $117,589.22 (comprised of $117,000.00 for pain and suffering and $589.22 for out-of-pocket medical and related expenses). Proffer at 1. In the Proffer, Respondent represented that Petitioner 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-01484-UNJ Document 33 Filed 01/12/24 Page 2 of 4 agrees with the proffered award. Id. at 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 a lump sum payment of $117,589.22 (comprised of $117,000.00 for pain and suffering and $589.22 for out-of-pocket medical and related expenses) 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-01484-UNJ Document 33 Filed 01/12/24 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ____________________________________ ) ROBERT WILLIAM GEBEL, ) ) Petitioner, ) ) No. 22-1484V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND ) HUMAN SERVICES, ) ) Respondent. ) ____________________________________) PROFFER ON AWARD OF COMPENSATION I. Procedural History On October 11, 2022, Robert William Gebel (“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 9, 2019, he suffered from Guillain-Barre Syndrome (GBS). See Petition. On August 4, 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. 22. On August 7, 2023, Chief Special Master Corcoran issued a ruling on entitlement, finding that petitioner is entitled to compensation for a GBS Table injury. ECF No. 23. II. Items of Compensation Based upon the evidence of record, respondent proffers that petitioner should be awarded a lump sum of $117,589.22, for all damages, including $117,000.00 representative of pain and suffering, and $589.22 representative of out-of-pocket medical and related expenses. This amount represents all elements of compensation to which petitioner is entitled under 42 U.S.C. § Case 1:22-vv-01484-UNJ Document 33 Filed 01/12/24 Page 4 of 4 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 $117,589.22 in the form of a check payable to petitioner.1 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 ALEXIS B. BABCOCK Assistant Director Torts Branch, Civil Division s/ Kimberly S. Davey KIMBERLY S. DAVEY 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) 307-1815 DATED: December 7, 2023 Email: Kimberly.Davey@usdoj.gov 1 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 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_22-vv-01484-cl-extra-10736496 Date issued/filed: 2024-01-12 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10269906 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1484V ROBERT WILLIAM GEBEL, Chief Special Master Corcoran Petitioner, Filed: December 12, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Micheal A. Chehval, Gabriel, McCartney & Wagner, P.C., St. Louis, MO, for Petitioner. Kimberly Shubert Davey, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On October 11, 2022, Robert William Gebel 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 administered to him on October 9, 2019. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On August 7, 2023, a ruling on entitlement was issued, finding Petitioner entitled to compensation for GBS. On December 7, 2023, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $117,589.22 (comprised of $117,000.00 for pain and suffering and $589.22 for out-of-pocket medical and related expenses). Proffer at 1. In the Proffer, Respondent represented that Petitioner 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). agrees with the proffered award. Id. at 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 a lump sum payment of $117,589.22 (comprised of $117,000.00 for pain and suffering and $589.22 for out-of-pocket medical and related expenses) 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 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ____________________________________ ) ROBERT WILLIAM GEBEL, ) ) Petitioner, ) ) No. 22-1484V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND ) HUMAN SERVICES, ) ) Respondent. ) ____________________________________) PROFFER ON AWARD OF COMPENSATION I. Procedural History On October 11, 2022, Robert William Gebel (“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 9, 2019, he suffered from Guillain-Barre Syndrome (GBS). See Petition. On August 4, 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. 22. On August 7, 2023, Chief Special Master Corcoran issued a ruling on entitlement, finding that petitioner is entitled to compensation for a GBS Table injury. ECF No. 23. II. Items of Compensation Based upon the evidence of record, respondent proffers that petitioner should be awarded a lump sum of $117,589.22, for all damages, including $117,000.00 representative of pain and suffering, and $589.22 representative of out-of-pocket medical and related expenses. 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 $117,589.22 in the form of a check payable to petitioner. 1 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 ALEXIS B. BABCOCK Assistant Director Torts Branch, Civil Division s/ Kimberly S. Davey KIMBERLY S. DAVEY 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) 307-1815 DATED: December 7, 2023 Email: Kimberly.Davey@usdoj.gov 1 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 ================================================================================ DOCUMENT 4: USCOURTS-cofc-1_22-vv-01484-cl-extra-10734502 Date issued/filed: 2024-08-16 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10267912 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1484V ROBERT WILLIAM GEBEL, Chief Special Master Corcoran Petitioner, v. Filed: July 15, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Micheal A. Chehval, Gabriel, McCartney & Wagner, P.C., St. Louis, MO, for Petitioner. Kimberly Shubert Davey, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On October 11, 2022, Robert William Gebel 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 alleged that he suffered Guillain-Barré syndrome as a result of an influenza vaccine administered to him on October 9, 2019. Petition, ECF No. 1. On December 12, 2023, I issued a decision awarding compensation to Petitioner based on the Respondent’s proffer. ECF No. 32. 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 inf ormation, 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 f rom 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 ref erences to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2018). Petitioner has now filed a motion for attorney’s fees and costs, requesting an award of $11,529.97 (representing $10,282.50 in fees plus $1,247.47 in costs). Application for Attorneys’ Fees and Costs (“Motion”) filed April 4, 2024, ECF No. 36. Furthermore, Petitioner filed a signed statement representing that Petitioner incurred no personal out- of-pocket expenses. ECF No. 36-3. Respondent reacted to the motion on April 5, 2024, indicating that he is satisfied the statutory requirements for an award of attorneys’ fees and costs are met in this case but deferring resolution of the amount to be awarded to my discretion. Motion at 2-3, ECF No. 37. Petitioner did not file a reply thereafter. I have reviewed the billing records submitted with Petitioner’s request. Petitioner has requested the hourly rate of $225 for all work performed by attorney Micheal Chehval in the 2021-24’ timeframe. ECF No. 36 at 2-8. Mr. Chehval has been a licensed attorney since 2002 and was admitted to practice in the U.S. Court of Federal Claims in 2022. Id. at 36-4. In my experience, the requested hourly rate appears reasonable, and I find no cause to reduce the requested hours or rates. Furthermore, Petitioner has provided supporting documentation for all claimed costs. ECF No. 36-2. Respondent offered no specific objection to the rates or amounts sought. I find the requested costs reasonable and hereby award them in full. The Vaccine Act permits an award of reasonable attorney’s fees and costs for successful claimants. Section 15(e). Accordingly, I hereby GRANT Petitioner’s Motion for attorney’s fees and costs. I award a total of $11,529.97 (representing $10,282.50 in fees plus $1,247.47 in costs) as a lump sum in the form of a check jointly payable to Petitioner and Petitioner’s counsel, Micheal A. Chehval. In the absence of a timely- filed motion for review (see Appendix B to the Rules of the Court), the Clerk of Court shall 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), the parties may expedite entry of judgment by f iling a joint notice renouncing their right to seek review. 2