In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 20-0420V 

UNPUBLISHED 

MICHAEL POOLE, 

 Petitioner, 

v. 

SECRETARY OF HEALTH AND 

HUMAN SERVICES, 

 Respondent. 

Chief Special Master Corcoran 

Filed: April 23, 2021 

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Influenza (Flu) Vaccine; GuillainBarre Syndrome (GBS) 

 

Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner. 

Sarah Black Rifkin, U.S. Department of Justice, Washington, DC, for Respondent. 

DECISION AWARDING DAMAGES1

 On April 13, 2020, Michael Poole 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-Barré syndrome (“GBS”) as a 

result of an influenza (“flu”) vaccine administered to him on October 4, 2017. Petition at 

1. Petitioner further alleges that his injury lasted for more than six months. Petition at 3. 

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

On November 5, 2020, a ruling on entitlement was issued, finding Petitioner 

entitled to compensation for GBS. On April 22, 2021, Respondent filed a proffer on award 

of compensation (“Proffer”) indicating Petitioner should be awarded a total of $229,310.16 

representing $225,000.00 in pain and suffering and $4,310.16 for past unreimbursable 

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

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am 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

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 $229,310.16 (representing $225,000 in pain and suffering and 

$4,310.16 for past unreimbursable 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

___________________________________

)

MICHAEL POOLE, )

)

 Petitioner, ) No. 20-420V (ECF) 

 ) Chief Special Master Corcoran 

 v. )

 )

SECRETARY OF HEALTH ) 

AND HUMAN SERVICES, )

)

 Respondent. )

___________________________________ ) 

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On April 13, 2020, Michael Poole (“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”), alleging that he suffered Guillain-Barré Syndrome (“GBS”) after receiving an 

influenza vaccine on October 4, 2017. Petition at 1. On November 4, 2020, 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 

November 5, 2020, the Chief Special Master issued a Ruling on Entitlement finding petitioner 

entitled to compensation. ECF No. 16; ECF No. 17.

I. Items of Compensation

A. Pain and Suffering

Respondent proffers that petitioner should be awarded $225,000.00 in pain and suffering. 

See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
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B. Past Unreimbursable Expenses

Evidence supplied by petitioner documents that he incurred past unreimbursable expenses 

related to his vaccine-related injury. Respondent proffers that petitioner should be awarded past 

unreimbursable expenses in the amount of $4,310.16. See 42 U.S.C. § 300aa-15(a)(1)(B). 

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 following: a lump sum payment of $229,310.16 in the form of a 

check payable to petitioner. 

III. Summary of Recommended Payments Following Judgment

Lump sum payable to petitioner, Michael Poole: $229,310.16 

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

DARRYL R. WISHARD

Assistant Director

Torts Branch, Civil Division
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Sarah B. Rifkin 

SARAH B. RIFKIN

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) 305-5997

Email: sarah.rifkin@usdoj.gov

DATED: April 22, 2021