In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 20-0428V

UNPUBLISHED

TIMOTHY BROPHY,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: January 8, 2021

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Influenza (Flu) Vaccine; GuillainBarre Syndrome (GBS)

Jessica E. Choper, Britcher Leone, L.L.C., Glen Rock, NJ, for petitioner.

Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES1

On April 14, 2020, Timothy Brophy 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 that he suffered Guillain Barre Syndrome (“GBS”) 

as a result of an influenza (“flu”) vaccine received on October 17, 2018. Petition at 1. The 

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

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

entitled to compensation for GBS. On January 8, 2021, Respondent filed a proffer on 

award of compensation (“Proffer”) indicating Petitioner should be awarded $95,545.83.

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1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am 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

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

sum payment of $95,545.83 (representing $90,000.00 for pain and suffering and 

$5,545.83 for past lost earnings) 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 

TIMOTHY BROPHY, 

Petitioner, 

v. 

SECRETARY OF HEALTH AND HUMAN 

SERVICES, 

Respondent. 

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No. 20-428V 

Chief Special Master Corcoran 

ECF 

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION 

 On April 14, 2020, Timothy Brophy (“petitioner”) 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”), as amended. Petitioner alleges that he suffered Guillain-Barré syndrome (“GBS”) as a 

result of an influenza (“flu”) vaccine administered to him on October 17, 2018.1 Petition at 1. 

On July 22, 2020, petitioner amended his petition to correct the vaccination date to September 

17, 2018. Amended Petition at 1. On December 14, 2020, the Secretary of Health and Human 

Services (“respondent”) filed a Rule 4(c) Report recommending that compensation be awarded, 

and the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to 

compensation on December 15, 2020. ECF No. 26; ECF No. 27. 

 

1

 The petition alternately referred to the vaccination date as October 17, 2018, and September 17, 

2018. Petition at 1, 2. 
2 

I. Items of Compensation 

A. Pain and Suffering 

Respondent proffers that petitioner should be awarded $90,000.00 in actual and projected 

pain and suffering. This amount reflects that the award for projected pain and suffering has been 

reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. 

B. Lost Earnings 

The parties agree that based upon the evidence of record, petitioner has suffered actual 

loss of earnings. Therefore, respondent proffers that petitioner should be awarded actual lost 

earnings as provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(3)(A). Respondent 

proffers that the appropriate award for petitioner’s lost earnings is $5,545.83. 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 following2

: a lump sum payment of $95,545.83, representing 

compensation for pain and suffering ($90,000.00) and past lost earnings ($5,545.83), in the form 

of a check payable to petitioner, Timothy Brophy. 

 

2

 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. 
3 

III. Summary of Recommended Payments Following Judgment 

 Lump sum payable to petitioner, Timothy Brophy: $95,545.83

Respectfully submitted, 

JEFFREY BOSSERT CLARK 

Acting Assistant Attorney General 

C. SALVATORE D’ALESSIO 

Acting Director 

Torts Branch, Civil Division 

HEATHER L. PEARLMAN 

Acting Deputy Director 

Torts Branch, Civil Division 

 

 s/ Sarah C. Duncan 

 SARAH C. DUNCAN 

 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) 514-9729 

Fax: (202) 616-4310 

DATED: January 8, 2021