In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 19-1629V 

UNPUBLISHED 

JAMES COWARD, 

 Petitioner, 

v. 

SECRETARY OF HEALTH AND 

HUMAN SERVICES, 

 Respondent. 

Chief Special Master Corcoran 

Filed: December 21, 2020 

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Tetanus Diphtheria acellular 

Pertussis (Tdap) Vaccine; Influenza 

(Flu) Vaccine; Guillain-Barre 

Syndrome (GBS) 

 

Simina Vourlis, Law Offices, Columbus OH, for Petitioner. 

Linda Sara Renzi, U.S. Department of Justice, Washington, DC, for Respondent. 

DECISION AWARDING DAMAGES1

 On October 21, 2019, James Coward 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 Guillain-Barre syndrome (“GBS”) as a 

result of an influenza (“flu”) and tetanus-diphtheria acellular pertussis (“Tdap”) vaccines 

administered to him on October 3, 2017. Petition at 1. Petitioner further alleges he 

suffered his vaccine related injury for more than six months. Petition at 7. The case was 

assigned to the Special Processing Unit of the Office of Special Masters. 

On September 15, 2020, a ruling on entitlement was issued, finding Petitioner 

entitled to compensation for GBS. On December 18, 2020, Respondent filed a proffer on 

award of compensation (“Proffer”) indicating Petitioner should be awarded a total of 

$139,665.54, consisting of $135,000.00 in pain and suffering and $4,665.54 in past 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am 

required to post it on the United States Court of Federal Claims' website in accordance with the EGovernment Act of 2002. 44 U.S.C. § 3501 note (2012) (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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa 

(2012). 
2

unreimbursed expenses. Proffer at 1. 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. 

 Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump 

sum payment of $139,665.54, consisting of $135,000.00 in pain and suffering and 

$4,665.54 in past unreimbursed expenses in the form of a check payable to 

Petitioner. This amount represents compensation for all damages that would be available 

under § 15(a). 

The clerk of the 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.
IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

JAMES COWARD, )

 )

Petitioner, ) No. 19-1629V

) Chief Special Master 

v. ) Brian H. Corcoran

) ECF 

SECRETARY OF HEALTH )

AND HUMAN SERVICES, )

)

Respondent. )

)

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Compensation for Vaccine Injury-Related Items

On September 14, 2020, the Secretary of Health and Human Services 

(“respondent”) filed his Rule 4(c) Report conceding that petitioner suffered the Table 

injury of GBS following a flu vaccine within the Table time period, and is entitled to 

compensation. On September 15, 2020, the Court issued a Ruling on Entitlement finding 

petitioner entitled to compensation. ECF 29; ECF 30. Respondent proffers that based on 

the evidence of record, petitioner should be awarded $139,665.54 consisting of 

$135,000.00 in pain and suffering and $4,665.54 in past unreimbursed expenses. This 

amount represents all elements of compensation to which petitioner is entitled under 42 

U.S.C. § 300aa-15(a)(1); 15(a)(3)(A); and 15(a)(4). Petitioner agrees.
II. Form of the Award

The parties recommend that the compensation provided to petitioner should be made 

through a lump sum payment as described below, and request that the Chief Special 

Master’s decision and the Court’s judgment award the following:1

A lump sum payment of $139,665.54, in the form of a check payable to 

petitioner, James Coward. This amount accounts for all elements of 

compensation under 42 U.S.C. § 300aa-15(a) to which petitioner is 

entitled.

Petitioner is a competent adult. Evidence of guardianship is not required in this case.

Respectfully submitted,

JEFFERY BOSSERT CLARK

Acting Assistant Attorney General

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division

CATHARINE E. REEVES

Deputy Director

Torts Branch, Civil Division

DARRYL R. WISHARD

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 medical expenses, future lost earnings, and future pain and suffering. 
/s/ Linda S. Renzi 

LINDA S. RENZI

Senior Trial Counsel

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

Benjamin Franklin Station

Washington, D.C. 20044-0146

Tel.: (202) 616-4133

Dated: December 18, 2020