VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00381
Package ID: USCOURTS-cofc-1_23-vv-00381
Petitioner: Kenneth Arrington
Filed: 2023-03-17
Decided: 2025-02-20
Vaccine: influenza
Vaccination date: 2021-10-01
Condition: Guillain-Barré syndrome
Outcome: compensated
Award amount USD: 134039

AI-assisted case summary:
Kenneth Arrington 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 1, 2021. The respondent conceded that Mr. Arrington is entitled to compensation, agreeing that his condition met the criteria set forth in the Vaccine Injury Table. A Ruling on Entitlement was issued on July 2, 2024, finding Mr. Arrington entitled to compensation for GBS. Subsequently, on January 2, 2025, the respondent filed a proffer on the award of compensation. The court found the stipulation reasonable and adopted it as its decision awarding damages. Mr. Arrington was awarded a lump sum of $134,039.55, which included $125,000.00 for pain and suffering, $2,433.02 for past unreimbursable expenses, and $6,606.53 for past lost wages. This amount represents compensation for all damages available under the Act.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-00381-0
Date issued/filed: 2024-08-06
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 07/02/2024) regarding 38 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:23-vv-00381-UNJ Document 41 Filed 08/06/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-381V
KENNETH ARRINGTON, Chief Special Master Corcoran
Petitioner, Filed: July 2, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Ronald Craig Homer, Conway Homer, PC, Boston, MA, for Petitioner.
Madylan Louise Yarc, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On March 17, 2023, Kenneth Arrington 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 1, 2021. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On July 1, 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. 37. Specifically, Respondent agrees that Petitioner has satisfied the criteria set
forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation. Id. at 7.
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-00381-UNJ Document 41 Filed 08/06/24 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

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DOCUMENT 2: USCOURTS-cofc-1_23-vv-00381-1
Date issued/filed: 2025-02-20
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 01/02/2025) regarding 46 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:23-vv-00381-UNJ Document 50 Filed 02/20/25 Page 1 of 5
CORRECTED
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-381V
KENNETH ARRINGTON, Chief Special Master Corcoran
Petitioner,
v. Filed: January 2, 2025
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Madylan Yarc, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON DAMAGES1
On March 17, 2023, Kenneth Arrington 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 1, 2021. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On July 2, 2024, a Ruling on Entitlement was issued, finding Petitioner entitled to
compensation for GBS corresponding to a listing on the Vaccine Injury Table, 42 C.F.R.
§§ 100.3(a)(XIV)(D), (c)(15)).
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 (2012).

Case 1:23-vv-00381-UNJ Document 50 Filed 02/20/25 Page 2 of 5
On January 2, 2025, Respondent filed the attached proffer. I find the stipulation
reasonable and adopt it as my decision awarding damages, on the terms set forth therein.
Pursuant to the terms stated in the attached proffer, Petitioner is awarded a lump
sum of $134,039.55 (representing $125,000.00 for pain and suffering, $2,433.02 for
past unreimbursable expenses, and $6,606.53 for past lost wages), to be paid
through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt
disbursement. 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-00381-UNJ Document 50 Filed 02/20/25 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
KENNETH ARRINGTON,
Petitioner, No. 23-381V
Chief Special Master Corcoran
v. ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On March 17, 2023, Kenneth Arrington (“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-Barre Syndrome (“GBS”) as
defined in the Vaccine Injury Table, following administration of an influenza vaccine he
received on October 1, 2021. Petition at 1. On July 1, 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 2, 2024, the Chief
Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF
Nos. 37, 38.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $125,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:23-vv-00381-UNJ Document 50 Filed 02/20/25 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 $2,433.02. See 42 U.S.C. § 300aa-15(a)(1)(B).
Petitioner agrees.
C. 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 $6,606.53. 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 following1: a lump sum payment of $134,039.55, in the form of
a check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Kenneth Arrington: $134,039.55
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 1:23-vv-00381-UNJ Document 50 Filed 02/20/25 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
VORIS E. JOHNSON
Assistant Director
Torts Branch, Civil Division
/s/ Madylan L. Yarc
Madylan L. Yarc
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Ben Franklin Station
Washington, DC 20044-0146
Tel: (202) 742-6376
Madylan.L.Yarc@usdoj.gov
Date: January 2, 2025
3