VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00104
Package ID: USCOURTS-cofc-1_23-vv-00104
Petitioner: Duane F. Pomeroy
Filed: 2023-01-26
Decided: 2024-11-08
Vaccine: influenza
Vaccination date: 2020-10-21
Condition: Guillain-Barré syndrome
Outcome: compensated
Award amount USD: 140301

AI-assisted case summary:
Duane F. Pomeroy 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 an influenza vaccine administered on October 21, 2020. The respondent, the Secretary of Health and Human Services, conceded that Mr. Pomeroy is entitled to compensation, agreeing that his condition met the criteria for a GBS Table injury. A Ruling on Entitlement was issued on July 1, 2024, finding Mr. Pomeroy entitled to compensation. Subsequently, on October 3, 2024, the respondent filed a Proffer on award of compensation, which Mr. Pomeroy agreed to. The court awarded Mr. Pomeroy a total of $140,301.14. This amount includes $127,500.00 for pain and suffering, $841.81 for past unreimbursable expenses, and $11,959.33 for past lost wages. The award was made as a lump sum payment to Mr. Pomeroy, who is a competent adult.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-00104-0
Date issued/filed: 2024-08-05
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 07/01/2024) regarding 28 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:23-vv-00104-UNJ Document 30 Filed 08/05/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-104V
DUANE F. POMEROY, Chief Special Master Corcoran
Petitioner, Filed: July 1, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Anthony Louis DeWitt, Bartimus Frickleton Robertson Rader, PC, Leawood, KS, for
Petitioner.
Adam N. Muffett, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 26, 2023, Duane F. Pomeroy 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 that was administered to him on October 21, 2020.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On June 28, 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,
ECF No. 27. Specifically, Respondent agrees that Petitioner has satisfied the criteria set
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 (2012).

Case 1:23-vv-00104-UNJ Document 30 Filed 08/05/24 Page 2 of 2
forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation. Id. at
11.
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_23-vv-00104-1
Date issued/filed: 2024-11-08
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 10/04/2024) regarding 33 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:23-vv-00104-UNJ Document 37 Filed 11/08/24 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-104V
DUANE F. POMEROY, Chief Special Master Corcoran
Petitioner, Filed: October 4, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Anthony Louis DeWitt, Bartimus Frickleton Robertson Rader, P.C., Leawood, KS, for
Petitioner.
Adam Nemeth Muffett, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 26, 2023, Duane F. Pomeroy 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”) vaccination administered to him on October 21, 2020.
Pet., 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. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
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 1:23-vv-00104-UNJ Document 37 Filed 11/08/24 Page 2 of 5
On July 1, 2024, a Ruling on Entitlement was issued, finding Petitioner entitled to
compensation for his GBS. ECF No. 28. On October 3, 2024, Respondent filed a Proffer
on award of compensation (“Proffer”) indicating Petitioner should be awarded
$127,500.00 in pain and suffering, $841.81 in past unreimbursable expenses, and
$11,959.33 in lost wages. Proffer at 1-2, ECF No. 32. 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 $140,301.14 for pain and suffering, past unreimbursable expenses,
and past lost wages, 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 1:23-vv-00104-UNJ Document 37 Filed 11/08/24 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
DUANE F. POMEROY, )
)
Petitioner, )
) No. 23-104V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On January 26, 2023, Duane F. Pomeroy (“petitioner”) 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”), alleging that he suffered from Guillain-Barré Syndrome (“GBS”), as
the result of an influenza vaccine he received on October 21, 2020. Petition at 1. On June 28,
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 GBS
Table injury, and on July 1, 2024, the Chief Special Master issued a Ruling on Entitlement
finding petitioner entitled to compensation. ECF Nos. 27, 28.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $127,500.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:23-vv-00104-UNJ Document 37 Filed 11/08/24 Page 4 of 5
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that he incurred past unreimbursable expenses
related to his vaccine-related injury. Respondent proffers that petitioner should be awarded past
unreimbursable expenses in the amount of $841.81. See 42 U.S.C. § 300aa-15(a)(1)(B).
Petitioner agrees.
C. Loss of Earnings
Evidence supplied by petitioner documents that he incurred past lost wages related to his
vaccine-related injury. Respondent proffers that petitioner should be awarded lost wages in the
amount of $11,959.33. See 42 U.S.C. § 300aa-15(a)(3)(A). Petitioner agrees.
The foregoing 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 following1: a lump sum payment of $140,301.14 in the form
of a check payable to petitioner.
III. Summary of Recommended Payment Following Judgment
Lump sum payable to petitioner, Duane F. Pomeroy: $140,301.14
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 lost earnings
and future pain and suffering.
2

Case 1:23-vv-00104-UNJ Document 37 Filed 11/08/24 Page 5 of 5
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/ Adam N. Muffett
ADAM N. MUFFETT
Trial Attorney
U.S. Department of Justice
Torts Branch, Civil Division
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 616-2895
Adam.muffett@usdoj.gov
Date: October 3, 2024
3