VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00349
Package ID: USCOURTS-cofc-1_23-vv-00349
Petitioner: Josephine Corban
Filed: 2023-03-10
Decided: 2025-05-14
Vaccine: influenza
Vaccination date: 2020-10-22
Condition: Guillain-Barré syndrome (GBS)
Outcome: compensated
Award amount USD: 145087

AI-assisted case summary:
Josephine Corban filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered Guillain-Barré syndrome (GBS) as a result of an influenza vaccination she received on October 22, 2020. The respondent, the Secretary of Health and Human Services, reviewed the petition and medical records. In a Rule 4(c) report, the respondent conceded that Ms. Corban was entitled to compensation, stating that her GBS met the criteria set forth in the Vaccine Injury Table and its accompanying aids to interpretation. Specifically, the respondent noted that the onset of GBS occurred within the Table's timeframe following a seasonal flu vaccination and that there was no apparent alternative cause. Based on the respondent's concession and the evidence, the Chief Special Master issued a ruling on entitlement, finding Ms. Corban eligible for compensation. Subsequently, the parties filed a proffer on award of compensation. The respondent proposed, and Ms. Corban agreed, to an award of a lump sum of $145,087.18. This amount was designated to cover all damages, including $145,000.00 for pain and suffering and $87.18 for unreimbursable out-of-pocket medical expenses. The Chief Special Master issued a decision awarding Ms. Corban the proffered amount, concluding the case.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-00349-0
Date issued/filed: 2025-02-10
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/08/2025) regarding 44 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. (Main Document 46 replaced on 2/10/2025 to correct the case caption.) (fm). (Main Document 46 replaced on 2/11/2025 to correct Respondent's counsel's name.) (fm).
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Case 1:23-vv-00349-UNJ Document 46 Filed 02/10/25 Page 1 of 2
CORRECTED
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-349V
JOSEPHINE CORBAN, Chief Special Master Corcoran
Petitioner, Filed: January 8, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Emily Hanson, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On March 10, 2023, Josephine Corban 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 she suffered a Table injury – Guillain -Barré
syndrome (“GBS”) as a result of the administration of an influenza (“flu”) vaccination on
October 22, 2020. Petition at 1; Amended Petition, filed May 24, 2024, at 1. Petitioner
further alleges that she received her vaccination in the United States, that she suffered
the residual effects of her injury for more than six months, and that there has been no
prior award or settlement of a civil action on her behalf as a result of her injury. See
Amended Petition at ¶¶ 32-34. 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 1:23-vv-00349-UNJ Document 46 Filed 02/10/25 Page 2 of 2
On January 6, 2025, 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 (“DICP”), have reviewed the
petition and medical records filed in this case. It is respondent’s position that
petitioner has satisfied the criteria set forth in the 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 apparent alternative cause.
Id. at 4-5 (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

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DOCUMENT 2: USCOURTS-cofc-1_23-vv-00349-1
Date issued/filed: 2025-05-14
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 04/08/2025) regarding 52 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made.
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Case 1:23-vv-00349-UNJ Document 56 Filed 05/14/25 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-349V
JOSEPHINE CORBAN, Chief Special Master Corcoran
Petitioner, Filed: April 8, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Emily Hanson, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On March 10, 2023, Josephine Corban 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 she suffered a Table injury – Guillain-Barré
syndrome (“GBS”) as a result of the administration of an influenza (“flu”) vaccination on
October 22, 2020. Petition at 1; Amended Petition, filed May 24, 2024, at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On January 8, 2025, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for GBS. On April 8, 2025, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded a lump sum of
$145,087.18, for all damages, including $145,000.00 representative of pain and suffering,
and $87.18 representative of unreimbursable out-of-pocket medical and related
expenses. Proffer at 1-2. In the Proffer, Respondent represented that Petitioner agrees
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-00349-UNJ Document 56 Filed 05/14/25 Page 2 of 5
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 $145,087.18 (representing $145,000.00 for pain and suffering and
$87.18 for unreimbursed expenses) 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 1:23-vv-00349-UNJ Document 56 Filed 05/14/25 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
JOSEPHINE CORBAN, )
)
Petitioner, ) No. 23-349V ECF
)
v. ) Chief Special Master Corcoran
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
___________________________________ )
PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On March 10, 2023, Josephine Corban (“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. She alleges that, as a result of receiving the influenza vaccine on October 22,
2020, she suffered from Guillain-Barre Syndrome (GBS). See Petition. On January 6, 2025,
respondent filed his Vaccine Rule 4(c) report, concluding that petitioner suffered GBS as defined
by the Vaccine Injury Table, within the Table timeframe. On January 8, 2025, Chief Special
Master Corcoran issued a ruling on entitlement, finding that petitioner is entitled to
compensation for a GBS Table injury.
II. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
a lump sum of $145,087.18, for all damages, including $145,000.00 representative of pain and
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-00349-UNJ Document 56 Filed 05/14/25 Page 4 of 5
suffering, and $87.18 representative of unreimbursable 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 $145,087.18 to
be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt
disbursement to petitioner.2 Petitioner agrees.
Respectfully submitted,
YAAKOV M. ROTH
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
GABRIELLE M. FIELDING
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-00349-UNJ Document 56 Filed 05/14/25 Page 5 of 5
s/ EMILY M. HANSON
EMILY M. HANSON
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) 430-4802
emily.hanson@usdoj.gov
Dated: April 8, 2025
3