VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-01622 Package ID: USCOURTS-cofc-1_23-vv-01622 Petitioner: James A. Bristol, Jr. Filed: 2023-09-20 Decided: 2025-04-21 Vaccine: influenza Vaccination date: 2022-11-12 Condition: Guillain-Barré Syndrome Outcome: compensated Award amount USD: 632183 AI-assisted case summary: James A. Bristol, Jr. filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that he suffered Guillain-Barré Syndrome (GBS) after receiving an influenza vaccine on November 12, 2022. Mr. Bristol later passed away, and his wife, Maria M. Bristol, as executor of his estate, was substituted as Petitioner. The petition alleged that Mr. Bristol received the flu vaccine within the United States, that he never fully recovered from his GBS, and that neither he nor any other party had filed a civil action or received compensation for his GBS. The case was assigned to the Special Processing Unit. On March 19, 2025, Respondent filed a Rule 4(c) Report and Proffer of Compensation, conceding that Petitioner was entitled to compensation. Respondent believed that Petitioner satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation, and agreed that Petitioner had satisfied all legal prerequisites for compensation. On March 19, 2025, a ruling on entitlement found Petitioner entitled to compensation. Subsequently, on April 21, 2025, a Decision Awarding Damages was issued. Respondent's Rule 4(c) Report and Proffer indicated that Petitioner should be awarded $632,183.17, representing compensation for pain and suffering, a statutory benefit for vaccine-related death, lost earnings, and unreimbursed expenses. Petitioner agreed with the proffered award. The court awarded Petitioner a lump sum payment of $632,183.17. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-01622-0 Date issued/filed: 2025-04-18 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 03/19/2025 ) regarding 34 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-01622-UNJ Document 39 Filed 04/18/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1622V MARIA M. BRISTOL, as executor of Chief Special Master Corcoran ESTATE OF JAMES A. BRISTOL, JR., Filed: March 19, 2025 Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner. Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On September 20, 2023, James A, Bristol, 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”). After Mr. Bristol sadly passed away, Maria M. Bristol, his wife and executor of his estate, was substituted as Petitioner. ECF No. 21. Petitioner alleges that Mr. Bristol suffered Guillain-Barré Syndrome (“GBS”), a defined Table injury, after receiving an influenza (“flu”) vaccine on November 12, 2022. Petition at 1 ¶¶ 5, 49. Petitioner also alleges that Mr. Bristol received the flu vaccine within the United States, that he never fully recovered from his GBS, and that neither he nor any other party has 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-01622-UNJ Document 39 Filed 04/18/25 Page 2 of 2 filed a civil action or received compensation for his GBS. Id. at ¶¶ 5, 47-48. The case was assigned to the Special Processing Unit of the Office of Special Masters. On March 19, 2025, Respondent filed his Rule 4(c) Report and Proffer of Compensation in which he concedes that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report and Proffer of Compensation at 1. Specifically, Respondent believes “that [P]etitioner has satisfied the criteria set forth in the Vaccine Injury Table (Table) and the Qualifications and Aids to Interpretation.” Id. at 4. Respondent further agrees that “based on the current record, [P]etitioner has satisfied all legal prerequisites for compensation under the Act.” Id. 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_23-vv-01622-cl-extra-10847869 Date issued/filed: 2025-04-18 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10381281 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1622V MARIA M. BRISTOL, as executor of Chief Special Master Corcoran ESTATE OF JAMES A. BRISTOL, JR., Filed: March 19, 2025 Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner. Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On September 20, 2023, James A, Bristol, 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”). After Mr. Bristol sadly passed away, Maria M. Bristol, his wife and executor of his estate, was substituted as Petitioner. ECF No. 21. Petitioner alleges that Mr. Bristol suffered Guillain-Barré Syndrome (“GBS”), a defined Table injury, after receiving an influenza (“flu”) vaccine on November 12, 2022. Petition at 1 ¶¶ 5, 49. Petitioner also alleges that Mr. Bristol received the flu vaccine within the United States, that he never fully recovered from his GBS, and that neither he nor any other party has 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). filed a civil action or received compensation for his GBS. Id. at ¶¶ 5, 47-48. The case was assigned to the Special Processing Unit of the Office of Special Masters. On March 19, 2025, Respondent filed his Rule 4(c) Report and Proffer of Compensation in which he concedes that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report and Proffer of Compensation at 1. Specifically, Respondent believes “that [P]etitioner has satisfied the criteria set forth in the Vaccine Injury Table (Table) and the Qualifications and Aids to Interpretation.” Id. at 4. Respondent further agrees that “based on the current record, [P]etitioner has satisfied all legal prerequisites for compensation under the Act.” Id. 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_23-vv-01622-1 Date issued/filed: 2025-04-21 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 03/19/2025) regarding 35 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-01622-UNJ Document 40 Filed 04/21/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1622V MARIA M. BRISTOL, as executor of Chief Special Master Corcoran ESTATE OF JAMES A. BRISTOL, JR., Filed: March 19, 2025 Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner. Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On September 20, 2023, James A, Bristol, 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”). After Mr. Bristol sadly passed away, Maria M. Bristol, his wife and executor of his estate, was substituted as Petitioner. ECF No. 21. Petitioner alleged that Mr. Bristol suffered Guillain-Barré Syndrome (“GBS”), a defined Table injury, after receiving an influenza (“flu”) vaccine on November 12, 2022. Petition at 1 ¶¶ 5, 49. The case was assigned to the Special Processing Unit of the Office of Special Masters. On March 19, 2025, I issued a ruling on entitlement, finding Petitioner entitled to compensation for Mr. Bristol’s GBS. In this case, Respondent filed a combined Rule 4(c) Report and Proffer on award of compensation (“Rule 4(c) Report and Proffer”) indicating 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-01622-UNJ Document 40 Filed 04/21/25 Page 2 of 2 Petitioner should be awarded $632,183.17, representing compensation in the amounts of $250,000.00 for Mr. Bristol’s actual pain and suffering, $250,000.00 for the statutory benefit for a vaccine-related death, $90,571.62 for Mr. Bristol’s lost earnings, and $41,611.55 for unreimbursed expenses. Rule 4(c) Report and Proffer at 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 Rule 4(c) Report and Proffer. Pursuant to the terms stated in combined Rule 4(c) Report and Proffer,3 I award Petitioner a lump sum payment of $632,183.17, representing compensation in the amounts of $250,000.00 for Mr. Bristol’s actual pain and suffering, $250,000.00 for the statutory benefit for a vaccine-related death, $90,571.62 for Mr. Bristol’s actual lost wages, and $41,611.55 for actual unreimbursable expenses, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner, as executor of the Estate of James A. Bristol, Jr. 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.4 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 Because the Rule 4(c) Report and Proffer contains detailed medical information, it will not be filed as an attachment to this Decision. 4 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 ================================================================================ DOCUMENT 4: USCOURTS-cofc-1_23-vv-01622-cl-extra-10848532 Date issued/filed: 2025-04-21 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10381944 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1622V MARIA M. BRISTOL, as executor of Chief Special Master Corcoran ESTATE OF JAMES A. BRISTOL, JR., Filed: March 19, 2025 Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner. Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On September 20, 2023, James A, Bristol, 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”). After Mr. Bristol sadly passed away, Maria M. Bristol, his wife and executor of his estate, was substituted as Petitioner. ECF No. 21. Petitioner alleged that Mr. Bristol suffered Guillain-Barré Syndrome (“GBS”), a defined Table injury, after receiving an influenza (“flu”) vaccine on November 12, 2022. Petition at 1 ¶¶ 5, 49. The case was assigned to the Special Processing Unit of the Office of Special Masters. On March 19, 2025, I issued a ruling on entitlement, finding Petitioner entitled to compensation for Mr. Bristol’s GBS. In this case, Respondent filed a combined Rule 4(c) Report and Proffer on award of compensation (“Rule 4(c) Report and Proffer”) indicating 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). Petitioner should be awarded $632,183.17, representing compensation in the amounts of $250,000.00 for Mr. Bristol’s actual pain and suffering, $250,000.00 for the statutory benefit for a vaccine-related death, $90,571.62 for Mr. Bristol’s lost earnings, and $41,611.55 for unreimbursed expenses. Rule 4(c) Report and Proffer at 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 Rule 4(c) Report and Proffer. Pursuant to the terms stated in combined Rule 4(c) Report and Proffer,3 I award Petitioner a lump sum payment of $632,183.17, representing compensation in the amounts of $250,000.00 for Mr. Bristol’s actual pain and suffering, $250,000.00 for the statutory benefit for a vaccine-related death, $90,571.62 for Mr. Bristol’s actual lost wages, and $41,611.55 for actual unreimbursable expenses, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner, as executor of the Estate of James A. Bristol, Jr. 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.4 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 Because the Rule 4(c) Report and Proffer contains detailed medical information, it will not be filed as an attachment to this Decision. 4 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