VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-01934 Package ID: USCOURTS-cofc-1_22-vv-01934 Petitioner: John Sherwood, Jr. Filed: 2022-12-30 Decided: 2025-04-25 Vaccine: influenza Vaccination date: 2019-12-12 Condition: Guillain-Barre syndrome (GBS) Outcome: compensated Award amount USD: 162679.34 AI-assisted case summary: On December 30, 2022, John Sherwood, Jr. filed a petition alleging that an influenza vaccination administered on December 12, 2019 caused Guillain-Barre syndrome. He later filed an amended petition and alleged a Table flu-GBS injury with residual effects lasting more than six months. Respondent conceded entitlement in September 2024 after medical personnel reviewed the petition and medical records. The concession stated that Mr. Sherwood satisfied the Vaccine Injury Table and Qualifications and Aids to Interpretation for seasonal flu vaccine followed by GBS, including the presumption of causation where onset occurs within the required period and no apparent alternative cause is identified. Chief Special Master Corcoran granted entitlement on September 5, 2024. The public damages decision does not provide a detailed account of onset, hospitalization, treatment, rehabilitation, or lasting neurologic limits. Damages were resolved by proffer. On April 25, 2025, the Chief Special Master awarded $162,679.34 as a lump sum through counsel, consisting of $132,500.00 for pain and suffering and $30,179.34 for past lost wages. Theory of causation field: Adult petitioner; influenza vaccine December 12, 2019; Table GBS. COMPENSATED. Respondent conceded Table/QAI criteria after medical review; public text lacks detailed GBS clinical course. Entitlement September 5, 2024; damages April 25, 2025. Award $162,679.34 = $132,500.00 pain/suffering + $30,179.34 past lost wages. Petition filed December 30, 2022. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_22-vv-01934-0 Date issued/filed: 2024-10-09 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 09/05/2024) regarding 26 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-01934-UNJ Document 28 Filed 10/09/24 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1934V JOHN D. SHERWOOD, JR., Chief Special Master Corcoran Petitioner, Filed: September 5, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Braden Andrew Blumenstiel, The Law Office of DuPont & Blumenstiel, LLC, Dublin, OH, for Petitioner. Benjamin Rex Eisenberg, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On December 30, 2022, John Sherwood, 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 he suffered a Table injury – Guillain-Barrè Syndrome (“GBS”) as a result of his December 12, 2019 influenza (“flu”) vaccination. Petition at 1-2; Amended Petition filed April 26, 2024 at 1-2. Petitioner further alleges that he received the vaccine in the United States, and that he suffered the residual effects of his injury for more than six months. Amended Petition at ¶¶ 4, 19. 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-01934-UNJ Document 28 Filed 10/09/24 Page 2 of 2 On September 3, 2024, 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 [m]edical personnel at the Division of Injury Compensation Programs, Department of Health and Human Services, have reviewed the petition and medical records filed in the case. It is respondent’s position that petitioner has satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation, 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 8-9 (citing 42 C.F.R. § 100.3 (a)(XIV)(D), (c)(15)). 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-01934-cl-extra-10734031 Date issued/filed: 2024-10-09 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10267441 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1934V JOHN D. SHERWOOD, JR., Chief Special Master Corcoran Petitioner, Filed: September 5, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Braden Andrew Blumenstiel, The Law Office of DuPont & Blumenstiel, LLC, Dublin, OH, for Petitioner. Benjamin Rex Eisenberg, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT 1 On December 30, 2022, John Sherwood, 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 he suffered a Table injury – Guillain-Barrè Syndrome (“GBS”) as a result of his December 12, 2019 influenza (“flu”) vaccination. Petition at 1-2; Amended Petition filed April 26, 2024 at 1-2. Petitioner further alleges that he received the vaccine in the United States, and that he suffered the residual effects of his injury for more than six months. Amended Petition at ¶¶ 4, 19. 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). On September 3, 2024, 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 [m]edical personnel at the Division of Injury Compensation Programs, Department of Health and Human Services, have reviewed the petition and medical records filed in the case. It is respondent’s position that petitioner has satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation, 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 8-9 (citing 42 C.F.R. § 100.3 (a)(XIV)(D), (c)(15)). 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 3: USCOURTS-cofc-1_22-vv-01934-1 Date issued/filed: 2025-05-29 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 04/25/2025) regarding 38 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-01934-UNJ Document 41 Filed 05/29/25 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1934V JOHN D. SHERWOOD, JR., Chief Special Master Corcoran Petitioner, Filed: April 25, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Braden Andrew Blumenstiel, The Law Office of DuPont & Blumenstiel, LLC, Dublin, OH, for Petitioner. Benjamin Rex Eisenberg, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On December 30, 2022, John Sherwood, 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 he suffered a Table injury – Guillain-Barrè Syndrome (“GBS”) as a result of his December 12, 2019 influenza (“flu”) vaccination. Petition at 1-2; Amended Petition filed April 26, 2024 at 1-2. The case was assigned to the Special Processing Unit of the Office of Special Masters. On September 5, 2024, a ruling on entitlement was issued, finding Petitioner entitled to compensation for GBS. On April 24, 2025, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $132,500.00 for pain and suffering and $30,179.34 for past lost wages. Proffer at 1-2. 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-01934-UNJ Document 41 Filed 05/29/25 Page 2 of 5 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 $162,679.34 (representing $132,500.00 for pain and suffering and $30,179.34 for past lost wages), to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement 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-01934-UNJ Document 41 Filed 05/29/25 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS JOHN SHERWOOD, JR., Petitioner, No. 22-1934V (ECF) Chief Special Master Corcoran v. SPU SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On December 30, 2022, John Sherwood, Jr. (“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 (“Vaccine Act” or “Act”). Petitioner alleges that he suffered the Vaccine Injury Table injury of Guillain-Barre Syndrome (“GBS”) that developed following an influenza (“flu”) vaccine administered on December 12, 2019. Petition at 1. On September 3, 2024, 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 Guillain-Barre Syndrome (GBS) Table injury, and the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF Nos. 25, 16. I. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $132,500.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. Case 1:22-vv-01934-UNJ Document 41 Filed 05/29/25 Page 4 of 5 B. Lost Wages Evidence supplied by petitioner documents that he incurred past lost wages related to his vaccine-related injury. Respondent proffers that petitioner should be awarded past lost wages in the amount of $30,179.34. See 42 U.S.C. § 300aa-15(a)(3)(A). Petitioner agrees. These amounts represent all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. II. Form of the Award Petitioner is a competent adult. Evidence of guardianship is not required in this case. 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 $162,679.34, to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner.1 III. Summary of Recommended Payment Following Judgment Lump sum payable to petitioner, John Sherwood: $162,679.34 Respectfully submitted, YAAKOV M. ROTH Acting 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, unreimbursed expenses, future lost earnings and future pain and suffering. 2 Case 1:22-vv-01934-UNJ Document 41 Filed 05/29/25 Page 5 of 5 ALEXIS B. BABCOCK Assistant Director Torts Branch, Civil Division /s/ Benjamin R. Eisenberg BENJAMIN R. EISENBERG Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Ben Franklin Station Washington, DC 20044-0146 Tel: (202) 514-4074 benjamin.eisenberg@usdoj.gov DATE: April 24, 2025 3 ================================================================================ DOCUMENT 4: USCOURTS-cofc-1_22-vv-01934-cl-extra-11061532 Date issued/filed: 2025-05-29 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10594944 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1934V JOHN D. SHERWOOD, JR., Chief Special Master Corcoran Petitioner, Filed: April 25, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Braden Andrew Blumenstiel, The Law Office of DuPont & Blumenstiel, LLC, Dublin, OH, for Petitioner. Benjamin Rex Eisenberg, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES 1 On December 30, 2022, John Sherwood, 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 he suffered a Table injury – Guillain-Barrè Syndrome (“GBS”) as a result of his December 12, 2019 influenza (“flu”) vaccination. Petition at 1-2; Amended Petition filed April 26, 2024 at 1-2. The case was assigned to the Special Processing Unit of the Office of Special Masters. On September 5, 2024, a ruling on entitlement was issued, finding Petitioner entitled to compensation for GBS. On April 24, 2025, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $132,500.00 for pain and suffering and $30,179.34 for past lost wages. Proffer at 1-2. 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). 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 $162,679.34 (representing $132,500.00 for pain and suffering and $30,179.34 for past lost wages), to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement 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 JOHN SHERWOOD, JR., Petitioner, No. 22-1934V (ECF) Chief Special Master Corcoran v. SPU SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On December 30, 2022, John Sherwood, Jr. (“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 (“Vaccine Act” or “Act”). Petitioner alleges that he suffered the Vaccine Injury Table injury of Guillain-Barre Syndrome (“GBS”) that developed following an influenza (“flu”) vaccine administered on December 12, 2019. Petition at 1. On September 3, 2024, 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 Guillain-Barre Syndrome (GBS) Table injury, and the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF Nos. 25, 16. I. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $132,500.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. B. Lost Wages Evidence supplied by petitioner documents that he incurred past lost wages related to his vaccine-related injury. Respondent proffers that petitioner should be awarded past lost wages in the amount of $30,179.34. See 42 U.S.C. § 300aa-15(a)(3)(A). Petitioner agrees. These amounts represent all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. II. Form of the Award Petitioner is a competent adult. Evidence of guardianship is not required in this case. 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 $162,679.34, to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner. 1 III. Summary of Recommended Payment Following Judgment Lump sum payable to petitioner, John Sherwood: $162,679.34 Respectfully submitted, YAAKOV M. ROTH Acting 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, unreimbursed expenses, future lost earnings and future pain and suffering. 2 ALEXIS B. BABCOCK Assistant Director Torts Branch, Civil Division /s/ Benjamin R. Eisenberg BENJAMIN R. EISENBERG Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Ben Franklin Station Washington, DC 20044-0146 Tel: (202) 514-4074 benjamin.eisenberg@usdoj.gov DATE: April 24, 2025 3