VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00296
Package ID: USCOURTS-cofc-1_24-vv-00296
Petitioner: Richard Aochi
Filed: 2024-02-26
Decided: 2024-12-18
Vaccine: influenza
Vaccination date: 2022-10-28
Condition: Guillain-Barre Syndrome
Outcome: compensated
Award amount USD: 123415

AI-assisted case summary:
Richard Aochi filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered Guillain-Barre Syndrome (GBS) as a result of receiving an influenza vaccine on October 28, 2022. The respondent conceded that Mr. Aochi is entitled to compensation, as his GBS met the criteria set forth in the Vaccine Injury Table, including an onset window of three to forty-two days after a seasonal flu vaccination and no apparent alternative cause. This established a presumption of causation. Following the ruling on entitlement, the parties reached a stipulation for damages. The respondent proffered an award of $123,415.40, which included $121,700.00 for pain and suffering and $1,715.40 for past unreimbursable expenses. Mr. Aochi, an adult, agreed with this proffered award. The Chief Special Master issued a decision awarding this lump sum payment to Mr. Aochi.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_24-vv-00296-0
Date issued/filed: 2024-11-18
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/17/2024) 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-00296-UNJ Document 24 Filed 11/18/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-0296V
RICHARD AOCHI,
Chief Special Master Corcoran
Petitioner,
v.
Filed: October 17, 2024
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jamie A. Robinson, Mctlaw, Washington, DC, for Petitioner.
Nina Ren, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On February 26, 2024, Richard Aochi 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 the Vaccine Injury Table injury of
Guillain-Barre Syndrome (“GBS”) that was caused by an influenza (“flu”) vaccine that he
received on October 28, 2022. Petition at 1. Petitioner further alleges that his injury lasted
for more than six months. Petition at 4. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On October 17, 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 states, “that petitioner has satisfied the criteria set forth in the
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-00296-UNJ Document 24 Filed 11/18/24 Page 2 of 2
Vaccine Injury Table and the Qualifications and Aids to Interpretation, 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 6. Respondent recommends that the Court issue a decision on entitlement and issue
a damages order. Id. at 7.
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-00296-1
Date issued/filed: 2024-12-18
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 11/14/2024) regarding 23 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:24-vv-00296-UNJ Document 29 Filed 12/18/24 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-0296V
RICHARD AOCHI,
Chief Special Master Corcoran
Petitioner,
v. Filed: November 14, 2024
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jamie A. Robinson, Maglio Christopher & Toale, PA, Washington, DC, for Petitioner.
Nina Ren, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On February 26, 2024, Richard Aochi 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-Barre Syndrome (“GBS”)
as a result of receiving an influenza vaccine on October 28, 20222. Petition at 1. The case
was assigned to the Special Processing Unit of the Office of Special Masters.
On October 17, 2024, a ruling on entitlement was issued finding Petitioner entitled
to compensation. On November 14, 2024, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded a total of $123,415.40,
consisting of $121,700.00 in pain and suffering, and $1,715.40 in past unreimbursable
expenses. Proffer at 1-2. In the Proffer, 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 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 1:24-vv-00296-UNJ Document 29 Filed 12/18/24 Page 2 of 5
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $123,415.40 (consisting of $121,700.00 in pain and suffering and
$1,715.40 in past unreimbursable expenses) in the form of a check payable 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 1:24-vv-00296-UNJ Document 29 Filed 12/18/24 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
RICHARD AOCHI, )
)
Petitioner, )
) No. 24-296V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On February 26, 2024, Richard Aochi (“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 28,
2022, he suffered from Guillain-Barre Syndrome (“GBS”). See Petition. On October 17, 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. 16. That same day, Chief
Special Master Corcoran issued a ruling on entitlement, finding that petitioner was entitled to
compensation for a GBS Table injury. ECF No. 17.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $121,700.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:24-vv-00296-UNJ Document 29 Filed 12/18/24 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 $1,715.40. See 42 U.S.C. § 300aa-15(a)(1)(B).
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 $123,415.40, in the form of
a check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Richard Aochi: $123,415.40
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
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 lost earnings
and future pain and suffering.
2

Case 1:24-vv-00296-UNJ Document 29 Filed 12/18/24 Page 5 of 5
JULIA M. COLLISON
Assistant Director
Torts Branch, Civil Division
/s/ Nina Ren
NINA REN
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) 305-3781
E-mail: nina.ren@usdoj.gov
DATED: November 14, 2024
3