VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00116
Package ID: USCOURTS-cofc-1_24-vv-00116
Petitioner: Theodore Hand
Filed: 2025-01-07
Decided: 2025-03-17
Vaccine: influenza
Vaccination date: 2022-09-23
Condition: Guillain-Barré syndrome
Outcome: compensated
Award amount USD: 185066

AI-assisted case summary:
Theodore Hand 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 vaccination received on September 23, 2022. He claimed that his GBS was a Table injury, meaning it is presumed to be caused by the vaccine under the program's guidelines, and that he experienced residual effects for more than six months. The respondent, the Secretary of Health and Human Services, reviewed the petition and medical records and conceded that Mr. Hand met the criteria for a Table injury. The respondent's Rule 4(c) report confirmed that GBS is a Table injury for flu vaccinations, with an onset window between three and forty-two days, and that there was no apparent alternative cause in this case. Based on the respondent's concession and the evidence, a ruling on entitlement was issued finding Mr. Hand entitled to compensation. Subsequently, the parties filed a joint stipulation agreeing to a settlement. The court adopted the stipulation, awarding Theodore Hand a lump sum of $185,066.61. This amount represents compensation for all damages available under the Vaccine Act, and the stipulation also addresses attorneys' fees and costs. The case was resolved through this stipulation, with the court directing that judgment be entered in accordance with the decision.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_24-vv-00116-0
Date issued/filed: 2025-02-07
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/07/2025 ) regarding 17 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:24-vv-00116-UNJ Document 25 Filed 02/07/25 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-116V
THEODORE HAND, Chief Special Master Corcoran
Petitioner, Filed: January 7, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Laura Levenberg, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Eleanor Hanson, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 26, 2024, Theodore Hand 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 a Table injury – Guillain-Barré
syndrome (“GBS”) as a result of the administration of an influenza (“flu”) vaccination on
September 23, 2022. Petition at 1. Petitioner further alleges that he suffered the residual
effects of his injury for more than six months, and that there has been no prior award or
settlement of a civil action on his behalf as a result of his injury. See Petition at ¶¶ 17-19.
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 1:24-vv-00116-UNJ Document 25 Filed 02/07/25 Page 2 of 2
On January 2, 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 7 (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_24-vv-00116-1
Date issued/filed: 2025-03-17
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 02/03/2025) regarding 21 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:24-vv-00116-UNJ Document 28 Filed 03/17/25 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-116V
THEODORE HAND, Chief Special Master Corcoran
Petitioner, Filed: February 3, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Laura Levenberg, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Eleanor Hanson, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On January 26, 2024, Theodore Hand 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 a Table injury – Guillain-Barré
syndrome (“GBS”) as a result of the administration of an influenza (“flu”) vaccination on
September 23, 2022. Petition at 1.The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On January 7, 2025, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for GBS. On January 23, 2025, the parties filed the attached joint
stipulation, stating that a decision should be entered awarding compensation. I find the
stipulation reasonable and adopt it as my decision awarding damages, on the terms set
forth therein.
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 1:24-vv-00116-UNJ Document 28 Filed 03/17/25 Page 2 of 8
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
A lump of $185,066.61 in the form of a check payable to Petitioner. Stipulation
at ¶ 8. This amount represents compensation for all items of damages that would
be available under Section 15(a). Id.
I approve the requested amount for Petitioner’s compensation. In the absence of a
motion for review filed pursuant to RCFC Appendix B, the Clerk of Court is directed to
enter judgment in accordance with this decision.
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
2

Case 1:24-vv-00116-UNJ Document 28 Filed 03/17/25 Page 3 of 8
Vinesign Document ID: 782B4600-04FB-4E53-9CD2-376C8040A070
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OfflCE OF SPECIAL MASTERS
THEODORE HAND,
Petitioner, No. 24-l 16V
Chief Special Master Corcoran
v. ECF
SECRETARY OF HEALT H AND
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
1. Theodore Hand, petitioner, tiled a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa•10 to .34 (the "Vaccine
Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt
ofa n influenza ("fluj vaccine, which is a vaccine contained in the Vaccine Injury Table (the
"Table"), 42 C.F.R. § 100.3(a).
2. Petitioner received the flu vaccine on September 23, 2022. 1
3. The vaccination was administered within the United States.
1 On September 23, 2022, petitioner received a COVID-t 9 vaccine. Vaccines against COVID-
19 are not contained in the Vaccine Injury Table. See 42 U. S.C. § 300aa-14 and 42 C.F .R.
§ 100.3(a). Pursuant to the declaration issued by the Secretary of Health and Human Services
under the Public Readiness and Emergency Preparedness Act (42 U.S.C. §§ 247d-6d, 247d-6e),
claims for alleged injuries from COVID-19 countermeasures, including vaccines, may be
compensable under the Countermeasures Injury Compensation Program ("CICP"). See 85 Fed.
Reg. 15198, l5202(March 17, 2020).
The signed document can be validated at https://app.vinesign.comNerify

Case 1:24-vv-00116-UNJ Document 28 Filed 03/17/25 Page 4 of 8
4. Petitioner developed Guillain-Barre Syndrome ("GBS") within the time period set
forth in the Table following receipt of the flu vaccine and experienced the residual effects of
GBS for more than six months.
5. There is not a preponderance of evidence demonstrating that petitioner's OBS is due
to a factor unrelated to vaccination.
6. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on petitioner's behalf as a result of petitioner's condition.
7. Accordingly. petitioner is entitled to compensation under the tenns of the Vaccine Act
for his OBS Table injury. Therefore, a decision should be entered awarding the compensation
described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry ofj udgment reflecting a decision consistent with
the tenns of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-21(a)(l), the Secretary of Health and Human Services will issue a
lump sum payment ofSISS,066.61 in the form of a check payable to petitioner. This amount
represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a).
9. As soon as practicable after the entry ofj udgment on entitlement in this case, and after
petitioner has fifed both a proper and timely election to receive compensation pursuant to
42 U.S.C. § 300aa-2 l(a)(I). and an application, the parties will submit to further proceedings
before the special master to award reasonable attorneys' fees and costs incurred in proceeding
upon this petition.
10. Petitioner and petitioner's attorney represent that compensation to be provided
pursuant to this Stipulation is not for any items or services for which the Program is not
primarily liable under 42 U.S.C. § 300aa-15(g). to the extent that payment has been made or can
2

Case 1:24-vv-00116-UNJ Document 28 Filed 03/17/25 Page 5 of 8
reasonably be expected to be made under any State compensation programs, insurance policies,
Federal or State health benefits programs (other than Title XIX of the Social Security Act (42
U.S.C. § 1396 et seq.)), or by entities that provide health services on a pre-paid basis.
11. Payment made pursuant to paragraph 8 of this Stipulation and any amounts awarded
pursuant to paragraph 9 oft his Stipulation will be made in accordance with 42 U.S.C. § 300aa
l5(i), subject to the availability of sufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that, except for any award
for attorneys' fees and litigation costs, and past unreimbursed expenses, the money provided
pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a
strict construction of 42 U.S.C. § 300aa•l5(a) and (d), and subject to the conditions of 42 U.S.C.
§ 300aa• l 5{g) and (h).
13. In return for the payment described in paragraphs 8 and 9, petitioner, in petitioner's
individual capacity, and on behalfo f petitioner's heirs, executors, administrators, successors or
assjgns, (a) does forever irrevocably and unconditionally release, acquit, and discharge the
United States and the Secretary of Health and Human Services from any and all actions or causes
of action (including agreements, judgments, claims, damages, loss of services, expenses, and an
demands of whatever kind or nature) that have been brought, could have been brought, or
hereafter could be timely brought in the Court of Federal Claims, under the Vaccine Iajury
Compensation Program, 42 U.S.C. § 300aa-l0 et seq., (i) on account of, or in any way growing
out of, any and all known or unknown, suspected or unsuspected personal injuries to or death of
petitioner resulting from, or that may be alleged to have resulted from, the vaccinations
administered on September 23, 2022, and (ii) that petitioner has had, now has, or hereafter may
have with respect to the injury that gave rise to the petition for vaccine compensation filed on or
3

Case 1:24-vv-00116-UNJ Document 28 Filed 03/17/25 Page 6 of 8
about January 26, 2024, in the United States Court of Federal Claims as petition No. 24-I I 6V;
and (b) waives any and all rights to any compensation that may be available under the
Countermeasures Injury Compensation Program (CICP), 42 U.S.C. § 247d-6e (or an action
under 42 U.S.C. § 247d-6d(d)), for a claim alleging that a covered countermeasure, including the
COVID-19 vaccination administered on September 23, 2022, on its own or in combination with
the flu vaccination administered on September 23, 2022, caused or seriously aggravated the
injuries that were the subject of the petition for vaccine compensation filed on or about January
26, 2024, in the United States Court of Federal Claims as petition No. 24-l 16V, including OBS,
for which petitioner will receive compensation pursuant to this Stipulation. If petitioner has such
a claim currently pending with the CICP, petitioner hereby withdraws such claim for
compensation in the CICP.2 If no claim for compensation has been filed in the CICP as oft he
date this Stipulation is filed, petitioner waives the right to file a claim as described in this
paragraph for compensation in the CICP.
14. If petitioner should die prior to entry ofj udgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
15. Ift he special master fails to issue a decision in complete confonnity with the terms
of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a
decision that is in complete confonnity with the terms of this Stipulation, then the parties'
settlement and this Stipulation shall be voidable at the sole discretion of either party.
16. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except
2
After entry ofj udgment reflecting a decision consistent with the terms of this Stipulation,
petitioner agrees that respondent will send this Stipulation to the CICP as evidence of petitioner's
withdrawal of their CICP claim and waiver of any potential compensation under the CICP.
4

Case 1:24-vv-00116-UNJ Document 28 Filed 03/17/25 Page 7 of 8
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
Stipulation may reflect a compromise oft he parties' respective positions as to amount of
damages, and further, that a change in the nature of the injury or condition or in the items of
compensation sought, is not grounds to modify or revise this agreement.
J7 . The Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the flu vaccine caused petitioner's GBS or any
other injury or his current condition; however, petitioner has satisfied the Table criteria to
establish entitlement to compensation.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
5

Case 1:24-vv-00116-UNJ Document 28 Filed 03/17/25 Page 8 of 8
Respectfully submitted,
PETITIONER:
THEODORE HAND
ATIORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATIORNEY GENERAL:
~
~~~ fau.LM~
LAURAJ.LEVENBERG HEATHER L. PEARLMAN ~
Attorney for Petitioner Deputy Director
Muller Brazil Torts Branch, Civil Division
715 Twinning Roa~ Suite 208B U.S. Department of Justice
Dresher. Pennsylvania P.O. Box 146
Phone: (800) 229-7704 Benjamin Franklin Station
Fax: (215) 885-1644 Washington, DC 20044-0146
Email: laura@mullerbrazil.com
AUTIIORIZED REPRESENTATIVE OF ATTORNEY OF RECORD FOR
THE SECRETARY OF HEALTH AND RESPONDENT:
HUMAN SERVICES:
s.
ffrey
Je Digltallyslgned by
Jeffrey S. Beach -S
B h S Date:202S.01.1S
eac - tor
12:26:30-0s·OO'
CAPT GEORGE REED GRIMES, MD, MPH ELEANOR A. HANSON
Director, Division of Injury Trial Attorney
Compensation Programs Torts Branch, Civil Division
Health Systems Bureau U.S. Department of Justice
Health Resources and Services Administration P.O. Box 146
U.S. Department of Health Benjamin Franklin Station
and Human Services Washington, DC 20044-0146
5600 Fishers Lane, 08W-25A 202-305-1 J 10
Rockville, Md 20857 eleanor.hanson@usdoj.gov
0\ /
Dated: 13/ 1-oiS'
6