VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00626
Package ID: USCOURTS-cofc-1_24-vv-00626
Petitioner: C.S.
Filed: 2024-04-22
Decided: 2025-05-01
Vaccine: influenza
Vaccination date: 2022-09-17
Condition: Guillain-Barré syndrome
Outcome: compensated
Award amount USD: 109176

AI-assisted case summary:
On April 22, 2024, Aimee Sher filed a petition on behalf of her minor daughter, C.S., alleging that C.S. suffered Guillain-Barré syndrome (GBS) after receiving an influenza vaccination on September 17, 2022. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on February 20, 2025, conceding that the petitioner was entitled to compensation. The respondent stated that the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation were satisfied. On March 19, 2025, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement, finding the petitioner entitled to compensation. Subsequently, on March 21, 2025, the respondent filed a proffer of damages, recommending an award of $109,176.27. This amount included $9,176.27 for past unreimbursed expenses and $100,000.00 to purchase an annuity contract. The decision awarding damages, issued by Chief Special Master Corcoran on May 1, 2025, accepted the proffer. The award consisted of a lump sum payment of $9,176.27, to be paid through an ACH deposit to petitioner's counsel's IOLTA account, and $100,000.00 to purchase an annuity contract. The annuity contract was to provide specific lump sum payments on February 26, 2041, February 26, 2044, and February 26, 2047, with adjustments to the final payment to ensure the total cost did not exceed $100,000.00. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury. Petitioner was represented by Matthew B. Vianello of Jacobson Press P.C., and respondent was represented by Alyssa M. Petroff of the U.S. Department of Justice. The case proceeded as a Table claim, and the parties agreed to the terms of the award.

Theory of causation field:
Petitioner C.S. received an influenza vaccine on September 17, 2022, and subsequently developed Guillain-Barré syndrome (GBS). The respondent conceded entitlement, finding that the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation were satisfied. The case proceeded as a Table claim. The public text does not describe specific medical experts, competing medical theories, or the precise mechanism of causation beyond its inclusion in the Vaccine Injury Table. The award included $9,176.27 for past unreimbursed expenses and $100,000.00 for an annuity contract, totaling $109,176.27. The decision on entitlement was issued on March 19, 2025, and the decision awarding damages was issued on May 1, 2025, by Chief Special Master Brian H. Corcoran. Petitioner's counsel was Matthew B. Vianello, and respondent's counsel was Alyssa M. Petroff.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_24-vv-00626-0
Date issued/filed: 2025-04-25
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 03/19/2025) regarding 21 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made.
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Case 1:24-vv-00626-UNJ Document 32 Filed 04/25/25 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-626V
AIMEE SHER, on behalf of her Chief Special Master Corcoran
daughter, C.S.,
Filed: March 19, 2025
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Matthew B. Vianello, Jacobson Press P.C., Clayton, MO, for Petitioner.
Alyssa M. Petroff, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On April 22, 2024, Aimee Sher filed a petition for compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”)
on behalf of her minor daughter, C.S. Petitioner alleges that that C.S. suffered Guillain-
Barré syndrome (“GBS”) after receiving an influenza (“flu”) vaccination on September 17,
2022. Petition at 1. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On February 20, 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 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-00626-UNJ Document 32 Filed 04/25/25 Page 2 of 2
1. Specifically, Respondent is satisfied that the criteria set forth in the Vaccine Injury Table
and the Qualifications and Aids to Interpretation have been satisfied in the instant case.
Id. at 4-5.
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-00626-1
Date issued/filed: 2025-05-01
Pages: 6
Docket text: PUBLIC DECISION (Originally filed: 04/01/2025) regarding 24 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made.
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Case 1:24-vv-00626-UNJ Document 33 Filed 05/01/25 Page 1 of 6
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-626V
AIMEE SHER on behalf of her Chief Special Master Corcoran
daughter, C.S.,
Filed: April 1, 2025
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Matthew B. Vianello, Jacobson Press P.C., Clayton, MO, for Petitioner.
Alyssa M. Petroff, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On April 22, 2024, Aimee Sher, on behalf of her minor daughter C.S., 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 C.S. suffered from Guillain-
Barré syndrome (“GBS”) after receiving an influenza (“flu”) vaccination on September 17,
2022. Petition at 1. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On March 19, 2025, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for C.S.’s GBS. On March 21, 2025, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $109,176.27,
representing $9,176.27 for past unreimbursed expenses and $100,000.00 to purchase
an annuity contract. Proffer at 2. In the Proffer, Respondent represented that Petitioner
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-00626-UNJ Document 33 Filed 05/01/25 Page 2 of 6
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.
Pursuant to the terms stated in the attached Proffer, I award Petitioner the
following:
1) a lump sum payment of $9,176.27, to be paid through an ACH deposit to
Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner;
and
2) An amount of $100,000.00 to purchase the annuity contract described in
section II.B of the attached Proffer.
These amounts represent 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-00626-UNJ Document 33 Filed 05/01/25 Page 3 of 6
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
AIMEE SHER, on behalf of her
daughter, C.S.,
No. 24-0626V
Petitioner,
Chief Special Master Corcoran
ECF
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER OF DAMAGES
I. Procedural History
On April 22, 2024, Aimee Sher (“petitioner”) filed a petition on behalf of her minor
child, C.S., seeking compensation under the National Childhood Vaccine Injury Act of 1986, 43
U.S.C. §§ 300aa-1 to -34 (“Vaccine Act” or “Act”), as amended, alleging that C.S. suffered the
Vaccine Injury Table injury of Guillain-Barre Syndrome (“GBS”) after receiving an influenza
(“flu”) vaccine administered on September 17, 2022. Petition at 1. ECF No 1. On February 20,
2025, respondent filed his Rule 4(c) report in which he conceded that petitioner is entitled to
compensation in this case. Respondent’s Rule 4(c) Report at 1. ECF No 20. Accordingly, on
March 19, 2025, the Chief Special Master issued a Ruling on Entitlement, finding that petitioner
is entitled to vaccine compensation. ECF No. 21.
II. Items of Compensation and Form of the Award
Based upon the evidence of record, respondent proffers, and the parties recommend that
compensation be made through a lump sum and future annuity payments as described below, and
request that the Special Master’s decision and the Court’s judgment award the following:

Case 1:24-vv-00626-UNJ Document 33 Filed 05/01/25 Page 4 of 6
A. Past Unreimbursable Expenses
Evidence supplied by petitioner documents her expenditure of past unreimbursable
expenses related to C.S.’s vaccine-related injury. Respondent proffers that petitioner should be
awarded past unreimbursable expenses in the amount of $9,176.27. Petitioner agrees.
B. Pain and Suffering
For pain and suffering, an amount not to exceed $100,000.00 to purchase an annuity
contract,1 paid to the life insurance company2 from which the annuity will be purchased,3 subject
to the conditions described below, that will provide payments to C.S. as set forth below:
1 At respondent’s discretion, respondent may purchase one or more annuity contracts from one
or more life insurance companies.
The parties further agree that the annuity payments cannot be assigned, accelerated, deferred,
increased, or decreased by the parties and that no part of any annuity payments called for herein,
nor any assets of the United States or the annuity company, are subject to execution or any legal
process for any obligation in any manner. Petitioner and petitioner’s heirs, executors,
administrators, successors, and assigns do hereby agree that they have no power or right to sell,
assign, mortgage, encumber, or anticipate said annuity payments, or any part thereof, by
assignment or otherwise, and further agree that they will not sell, assign, mortgage, encumber, or
anticipate said annuity payments, or any part thereof, by assignment or otherwise.
2 The Life Insurance Company must have a minimum of $250,000,000 capital and surplus,
exclusive of any mandatory security valuation reserve. The Life Insurance Company must have
one of the following ratings from two of the following rating organizations:
a. A.M. Best Company: A++, A+, A+g, A+p, A+r, or A+s;
b. Moody’s Investor Service Claims Paying Rating: Aa3, Aa2, Aa1, or Aaa;
c. Standard and Poor’s Corporation Insurer Claims-Paying Ability Rating: AA-,
AA, AA+, or AAA;
d. Fitch Credit Rating Company, Insurance Company Claims Paying Ability
Rating: AA-, AA, AA+, or AAA.
3 Petitioner authorizes the disclosure of certain documents filed by the petitioner in this case
consistent with the Privacy Act and the routine uses described in the National Vaccine Injury
Compensation Program System of Records, No. 09-15-0056.
2

Case 1:24-vv-00626-UNJ Document 33 Filed 05/01/25 Page 5 of 6
a. A certain Lump Sum of $71,165.05 payable on February 26, 2041.
b. A certain Lump Sum of $83,203.95 payable on February 26, 2044.
c. A certain Lump Sum of $96,310.31 payable on February 26, 2047.
The purchase price of the annuity described in this section II.B. shall neither be greater nor less
than $100,000.00. In the event that the cost of the certain lump sum annuity payments set forth
above varies from $100,000.00, the certain lump sum payable on February 26, 2047, shall be
adjusted to ensure that the total cost of the annuity is neither less nor greater than $100,000.00.
Should C.S. predecease payment of any of the certain lump sum payments set forth above, said
payments shall be made to her estate. Written notice to the Secretary of Health and Human
Services and to the Life Insurance Company shall be provided within twenty (20) days of C.S.’s
death.
These amounts represent all elements of compensation to which C.S. would be entitled
under 42 U.S.C. § 300aa-15(a).4 Petitioner agrees.5
III. Summary of Recommended Payments Following Judgment
A. A lump sum payment of $9,176.27 to be paid through an ACH deposit to
petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner; and
B. An amount of $100,000.00 to purchase the annuity contract
described above in section II.B.
4 Should C.S. 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 medical
expenses, future lost earnings, and future pain and suffering.
5 At the time payment is received, C.S. will be an adult, and thus guardianship is not required.
However, petitioner represents that she presently is, or if necessary, will become, authorized to
serve as guardians/conservators of C.S.’s estate as may be required under the laws of the State of
Missouri.
3

Case 1:24-vv-00626-UNJ Document 33 Filed 05/01/25 Page 6 of 6
Respectfully submitted,
YAAKOV M. ROTH
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
JULIA M. COLLISON
Assistant Director
Torts Branch, Civil Division
/s/ Alyssa M. Petroff
ALYSSA M. PETROFF
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) 307-3852
Fax: (202) 616-4310
Email: Alyssa.Petroff2@usdoj.gov
Date: March 21, 2025
4