VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00212
Package ID: USCOURTS-cofc-1_23-vv-00212
Petitioner: Lewis Von Almen
Filed: 2023-02-13
Decided: 2024-08-13
Vaccine: influenza
Vaccination date: 2020-10-12
Condition: Guillain-Barré syndrome
Outcome: compensated
Award amount USD: 115000

AI-assisted case summary:
Lewis Von Almen 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 he received on October 12, 2020. He also received a pneumococcal vaccine on the same day, but only the flu vaccine is covered by the program. The case was assigned to the Office of Special Masters. Respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Mr. Von Almen is entitled to compensation. The respondent agreed that Mr. Von Almen satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation, which provide a presumption of causation for GBS following a flu vaccine, provided there is no more likely alternative diagnosis or apparent alternative cause. Based on the respondent's concession and the evidence, a Ruling on Entitlement was issued finding Mr. Von Almen entitled to compensation. Subsequently, the parties submitted a Proffer on Award of Compensation. The respondent recommended, and Mr. Von Almen agreed, to an award of a lump sum of $115,000.00 for pain and suffering, representing all damages available under the program. The Chief Special Master issued a Decision on Damages awarding this amount.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-00212-0
Date issued/filed: 2024-03-11
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 02/07/2024) regarding 25 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:23-vv-00212-UNJ Document 28 Filed 03/11/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-0212V
LEWIS VON ALMEN, Chief Special Master Corcoran
Petitioner,
v. Filed: February 7, 2024
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner.
Alec Saxe, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On February 13, 2023, Lewis Von Almen (“Petitioner”) 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”), a Table injury, as a result of an influenza (“flu”) vaccine he
received on October 12, 2020. Petition at 1.3 The case was assigned to the Special
Processing Unit of the Office of Special Masters.
1 Because this unpublished 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).
3 The petition also implicates a Pneumovax 23 pneumococcal polysaccharide vaccine which Petitioner also
received on the same day, October 12, 2020. As Respondent emphasizes, this latter vaccine is not covered
by the Vaccine Act and the Vaccine Injury Table.

Case 1:23-vv-00212-UNJ Document 28 Filed 03/11/24 Page 2 of 2
On February 7, 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 agrees that Petitioner has satisfied the criteria set forth in the
effective 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 more
likely alternative diagnosis and no apparent alternative cause. Id. at 10 – 11 (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

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DOCUMENT 2: USCOURTS-cofc-1_23-vv-00212-1
Date issued/filed: 2024-08-13
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 07/11/2024) regarding 35 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:23-vv-00212-UNJ Document 39 Filed 08/13/24 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-0212V
LEWIS VON ALMEN, Chief Special Master Corcoran
Petitioner,
v. Filed: July 11, 2024
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner.
Matthew Murphy, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON DAMAGES1
On February 13, 2023, Lewis Von Almen (“Petitioner”) 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”), a Table injury, as a result of an influenza (“flu”) vaccine he
received on October 12, 2020. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On February 7, 2024, a Ruling on Entitlement was issued, finding Petitioner
entitled to compensation for GBS. On July 10, 2024, Respondent filed a Proffer on award
of compensation (“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.
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-00212-UNJ Document 39 Filed 08/13/24 Page 2 of 5
Pursuant to the terms stated in the Proffer, I award the following compensation:
A lump sum of $115,000.00 (for pain and suffering) in the form of a check
payable to Petitioner. Respondent’s Rule 4(c) Report and Proffer at 2. This amount
represents compensation for all damages that would be available under Section 15(a).
Id.
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-00212-UNJ Document 39 Filed 08/13/24 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
LEWIS VON ALMEN, )
)
Petitioner, )
) No. 23-212V
v. ) Chief Special Master Corcoran
) ECF/SPU
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
___________________________________ )
PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On February 13, 2023, Lewis Von Almen (“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 12,
2020, he suffered from Guillain-Barre Syndrome (“GBS”). See Petition. On February 7, 2024,
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. 24. On February 7, 2024,
Chief Special Master Corcoran issued a ruling on entitlement, finding that petitioner was entitled
to compensation for a GBS Table injury. ECF No. 25.
II. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
a lump sum of $115,000.00, for all damages, representative of $115,000.00 in pain and suffering
1 This Proffer does not include attorneys’ fees and costs, which the parties intend to
address after the Damages Decision is issued.

Case 1:23-vv-00212-UNJ Document 39 Filed 08/13/24 Page 4 of 5
damages. 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 $115,000.00 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
COLLEEN C. HARTLEY
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 1:23-vv-00212-UNJ Document 39 Filed 08/13/24 Page 5 of 5
/s/ Matthew L. Murphy
MATTHEW L. MURPHY
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
(202) 598-3895
matthew.murphy@usdoj.gov
Dated: July 10, 2024
3