VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-01605 Package ID: USCOURTS-cofc-1_24-vv-01605 Petitioner: Stuart Palmer Filed: 2024-10-08 Decided: 2025-08-26 Vaccine: influenza Vaccination date: 2022-09-26 Condition: Guillain-Barre syndrome Outcome: compensated Award amount USD: 250000 AI-assisted case summary: On October 8, 2024, Stuart Palmer filed a petition, later amended in January 2025, alleging that an influenza vaccine administered on September 26, 2022 caused Guillain-Barre syndrome. Respondent conceded entitlement in August 2025, agreeing that Mr. Palmer satisfied the Vaccine Injury Table criteria for GBS after seasonal influenza vaccination and the legal prerequisites for compensation. The public entitlement and damages documents do not describe his first neurologic symptoms, hospitalization, diagnostic testing, IVIG or plasma exchange, rehabilitation, or residual limitations. Chief Special Master Brian H. Corcoran found entitlement on August 18, 2025. Respondent then proffered, and Mr. Palmer accepted, $250,000.00 for pain and suffering. On August 26, 2025, Chief Special Master Corcoran awarded that amount as a lump sum. Theory of causation field: Influenza vaccine September 26, 2022 causing Table GBS; adult, exact age not stated. ENTITLEMENT CONCEDED; COMPENSATED. Respondent conceded Table GBS criteria; public documents lack neurologic chronology and treatment details. Award $250,000 pain/suffering. Chief SM Brian H. Corcoran; petition October 8, 2024; amended petition January 10, 2025; entitlement August 18, 2025; damages August 26, 2025. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_24-vv-01605-0 Date issued/filed: 2025-09-17 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 08/18/2025) regarding 25 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-01605-UNJ Document 35 Filed 09/17/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1605V STUART PALMER, Chief Special Master Corcoran Petitioner, Filed: August 18, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Sean Frank Greenwood, Greenwood Law Firm, Houston, TX, for Petitioner. Sara DeStefano, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On October 8, 2024, Stuart Palmer filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”), which he amended on January 10, 2025. Petitioner alleges that he suffered Guillain-Barré syndrome (“GBS”) resulting from an influenza (“flu”) vaccine received on September 26,2022. Amended Petition at 1. Petitioner further alleges that the flu vaccine was administered in the United States, his symptoms continued for more than six months, and neither Petitioner nor any member of his family received any type of award, judgment, or settlement for his vaccine-related injury. Petition at ¶¶ 3, 65, 66. 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-01605-UNJ Document 35 Filed 09/17/25 Page 2 of 2 On August 15, 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 agrees 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 6. 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_24-vv-01605-cl-extra-11139776 Date issued/filed: 2025-09-17 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10673189 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1605V STUART PALMER, Chief Special Master Corcoran Petitioner, Filed: August 18, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Sean Frank Greenwood, Greenwood Law Firm, Houston, TX, for Petitioner. Sara DeStefano, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On October 8, 2024, Stuart Palmer filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”), which he amended on January 10, 2025. Petitioner alleges that he suffered Guillain-Barré syndrome (“GBS”) resulting from an influenza (“flu”) vaccine received on September 26,2022. Amended Petition at 1. Petitioner further alleges that the flu vaccine was administered in the United States, his symptoms continued for more than six months, and neither Petitioner nor any member of his family received any type of award, judgment, or settlement for his vaccine-related injury. Petition at ¶¶ 3, 65, 66. 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). On August 15, 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 agrees 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 6. 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_24-vv-01605-1 Date issued/filed: 2025-09-25 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 08/26/2025) regarding 28 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-01605-UNJ Document 36 Filed 09/25/25 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1605V STUART PALMER, Chief Special Master Corcoran Petitioner, Filed: August 26, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Sean Frank Greenwood, Greenwood Law Firm, Houston, TX, for Petitioner. Sara DeStefano, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On October 8, 2024, Stuart Palmer filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”), which he amended on January 10, 2025. Petitioner alleges that he suffered Guillain-Barré syndrome (“GBS”) resulting from an influenza vaccine received on September 26, 2022. Amended Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On August 18, 2025, a ruling on entitlement was issued, finding Petitioner entitled to compensation for GBS. On August 26, 2025, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $250,000.00. 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-01605-UNJ Document 36 Filed 09/25/25 Page 2 of 5 Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $250,000.00 (in pain and suffering), to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement 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-01605-UNJ Document 36 Filed 09/25/25 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS STUART PALMER, Petitioner, v. No. 24-1605V Chief Special Master Brian H. Corcoran SECRETARY OF HEALTH AND ECF HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On October 8, 2024, Stuart Palmer (“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 (“Vaccine Act” or “Act”). On January 10, 2025, petitioner filed an Amended Petition adding additional facts but alleging no new claims. See Amended Petition at 1. Petitioner alleges that he suffered Guillain-Barré syndrome (“GBS”), which developed following an influenza (“flu”) vaccine administered to him on September 26, 2022. Id. On August 15, 2025, 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 August 18, 2025, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 25. I. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $250,000.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. Case 1:24-vv-01605-UNJ Document 36 Filed 09/25/25 Page 4 of 5 This amount 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 $250,000.00 to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner. Respectfully submitted, BRETT A. SHUMATE Assistant Attorney General C. SALVATORE D’ALESSIO Director Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division JULIA COLLISON Assistant 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-01605-UNJ Document 36 Filed 09/25/25 Page 5 of 5 /s/ Sara DeStefano SARA DESTEFANO Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146, Ben Franklin Station Washington, DC 20044-0146 Tel: (202) 307-6545 Email: sara.destefano@usdoj.gov DATED: August 26, 2025 3 ================================================================================ DOCUMENT 4: USCOURTS-cofc-1_24-vv-01605-cl-extra-11213445 Date issued/filed: 2025-12-03 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10746860 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1605V STUART PALMER, Chief Special Master Corcoran Petitioner, v. Filed: October 30, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Sean Frank Greenwood, Greenwood Law Firm, Houston, TX, for Petitioner. Sara DeStefano, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On October 8, 2024, Stuart Palmer 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 alleged that he suffered Guillain-Barré syndrome resulting from an influenza vaccine received on September 26, 2022. Petition, ECF No. 1. On August 26, 2025, I issued a decision awarding compensation to Petitioner based on the Respondent’s proffer. ECF No. 28. 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 inf ormation, 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 f rom 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 ref erences to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2018). Petitioner has now filed a motion for attorney’s fees and costs, requesting an award of $39,595.52 (representing $36,895.90 in fees plus $2,699.62 in costs). Application for Attorneys’ Fees and Costs (“Motion”) filed September 10, 2025, ECF No. 32. Furthermore, Petitioner filed a signed statement representing that no personal out-of- pocket expenses were incurred. ECF No. 33. Respondent reacted to the motion on September 16, 2025, indicating that he is satisfied the statutory requirements for an award of attorneys’ fees and costs are met in this case but deferring resolution of the amount to be awarded to my discretion. Motion at 2-4, ECF No. 34. Petitioner filed no reply thereafter. I have reviewed the billing records submitted with Petitioner’s request. In my experience, the request appears reasonable, and I find no cause to reduce the requested hours or rates. Furthermore, Petitioner has provided supporting documentation for all claimed costs. ECF No. 32-3. Respondent offered no specific objection to the rates or amounts sought. I find the requested costs reasonable and hereby award them in full. The Vaccine Act permits an award of reasonable attorney’s fees and costs for successful claimants. Section 15(e). Accordingly, I hereby GRANT Petitioner’s Motion for attorney’s fees and costs. Petitioner is awarded attorneys’ fees and costs in the total amount of $39,595.52 (representing $36,895.90 in fees plus $2,699.62 in costs) to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement. In the absence of a timely-filed motion for review (see Appendix B to the Rules of the Court), the Clerk of Court shall 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), the parties may expedite entry of judgment by f iling a joint notice renouncing their right to seek review. 2