In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 20-1473V

UNPUBLISHED

JULIE ROUBIK, personal 

representative of ESTATE OF 

THOMAS ROUBIK,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: May 21, 2021

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Influenza (Flu) Vaccine; GuillainBarre Syndrome (GBS)

Nancy Routh Meyers, Turning Point Litigation, Greensboro, NC, for Petitioner.

Lauren Kells, U.S. Department of Justice, Washington, DC, for Respondent.

.

DECISION AWARDING DAMAGES1

On October 27, 2020, Julie Roubik filed a petition for compensation under the 

National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.

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(the 

“Vaccine Act”), as personal representative of the estate of Thomas Roubik. Petitioner 

alleged that “[a]s a direct and proximate result of the reaction to the influenza vaccination 

administered to Thomas Roubik on November 8, 2019, he suffered from the effects of 

Guillain-Barré Syndrome (GBS) which ultimately lead to his untimely death.” Petition at ¶

16. The case was assigned to the Special Processing Unit of the Office of Special 

Masters.

On April 16, 2021, a ruling on entitlement was issued, finding Petitioner entitled to 

compensation for Thomas Roubik’s injury. On May 21, 2021, Respondent filed a proffer 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am 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).
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on award of compensation (“Proffer”) indicating Petitioner should be awarded 

$328,212.87, representing compensation in the amounts of $250,000.00 for the death 

benefit, $77,500.00 for pain and suffering, and $712.87 for unreimbursed expenses.

Proffer at 1-2. In the Proffer, Respondent represented that Petitioner agrees with the 

proffered award. Id. at 2. 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 $328,212.87, representing compensation in the amounts of 

$250,000.00 for the death benefit, $77,500.00 for pain and suffering, and $712.87 for 

unreimbursed expenses in the form of a check payable to Petitioner, as the legal 

representative of Thomas Roubik’s estate.

3 This amount represents compensation for 

all damages that would be available under Section 15(a). 

The clerk of the court is directed to enter judgment in accordance with this 

decision.4

IT IS SO ORDERED.

s/Brian H. Corcoran

Brian H. Corcoran

Chief Special Master

3 The Proffer indicates that Petitioner will provide documentation showing her appointment as the legal 

representative of Thomas Roubik’s estate before any payment is made. Proffer at 2 n.1. Additionally, if 

another individual is appointed as the legal representative, payment will be made to that individual. Id.

4 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

____________________________________

)

JULIE ROUBIK, PERSONAL )

REPRESENTATIVE OF THE )

ESTATE OF THOMAS ROUBIK, )

)

Petitioner, )

) No. 20-1473V

v. ) Chief Special Master Corcoran

) ECF

SECRETARY OF HEALTH AND ) 

HUMAN SERVICES, )

)

Respondent. )

____________________________________) 

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On October 27, 2020, Julie Roubik (“petitioner”), personal representative of the estate of 

Thomas Roubik (“decedent”), filed a petition for compensation under the National Childhood 

Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act” or “Act”), alleging that 

the decedent suffered Guillain-Barré syndrome (“GBS”), as defined in the Vaccine Injury Table, 

following administration of an influenza vaccine he received on November 8, 2019; petitioner 

further alleged that the decedent passed away due to complications of GBS on January 11, 2020. 

See generally Petition. On April 16, 2021, 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 the same day, the Chief Special Master 

issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF Nos. 15, 16.

I. Items of Compensation

Based upon the evidence, respondent proffers that petitioner should be awarded a lump 

sum of $328,212.87 ($250,000.00 for the death benefit; $77,500.00 for pain and suffering; and 
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$712.87 for unreimbursed expenses). This amount represents all elements of compensation to 

which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.

II. Form of the Award

Respondent recommends that compensation be awarded to petitioner in the amount of 

$328,212.87, in the form of a check payable to petitioner, as the legal representative of the 

decedent’s estate.1 Petitioner agrees.

Respectfully submitted, 

BRIAN M. BOYNTON

Acting Assistant Attorney General

C. SALVATORE D’ALESSIO 

Acting Director

Torts Branch, Civil Division

HEATHER L. PEARLMAN

Acting Deputy Director

Torts Branch, Civil Division

ALEXIS B. BABCOCK

Assistant Director

Torts Branch, Civil Division

/s/ Lauren Kells 

LAUREN KELLS

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) 616-4187 

Email: Lauren.Kells@usdoj.gov

 1 Before payment on a judgment can be made in this case, respondent will require petitioner to 

provide documentation establishing her appointment as legal representatives of the decedent’s 

estate. If petitioner is not authorized by a court of competent jurisdiction to serve as the legal 

representative of the decedent’s estate, then such payment on any judgment shall be made to the 

party or parties appointed by a court of competent jurisdiction to serve as legal representative of 

the decedent’s estate.
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DATED: May 21, 2021