In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 19-0536V 

UNPUBLISHED 

CHARLES BRANDT, 

 Petitioner, 

v. 

SECRETARY OF HEALTH AND 

HUMAN SERVICES, 

 Respondent. 

Chief Special Master Corcoran 

Filed: February 17, 2021 

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Influenza (Flu) Vaccine; GuillainBarre Syndrome (GBS) 

 

Theodore J. Hong, Maglio Christopher & Toale, PA, Seattle, WA, for Petitioner. 

Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for Respondent. 

DECISION AWARDING DAMAGES1

 On April 11, 2019, Charles Brandt 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 from Guillain-Barré syndrome (“GBS”) 

as a result of an influenza (“flu”) vaccine administered to him on September 30, 2017. 

Petition at 1. Petitioner further alleges that his vaccine related injuries have lasted more 

than six months after the administration of the vaccine. Petition at 6. The case was 

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

On May 22, 2020, a ruling on entitlement was issued, finding Petitioner entitled to 

compensation for GBS. On February 17, 2021, Respondent filed a proffer on award of 

compensation (“Proffer”) indicating Petitioner should be awarded $178,969.98, for all 

damages, including $165,000.00 representative of pain and suffering, and $13,969.98 

representative of out-of-pocket medical and related expenses. Proffer at 1. 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1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am 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

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 $178,969.98, for all damages (including $165,000.00 representative of 

pain and suffering, and $13,969.98 representative of out-of-pocket medical and related 

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

CHARLES BRANDT,

Petitioner, 

 v. 

SECRETARY OF HEALTH AND

HUMAN SERVICES, 

Respondent.

 No. 19-536V

 Chief Special Master Corcoran (SPU)

 ECF

PROFFER ON AWARD OF COMPENSATION

I. Procedural History

On April 11, 2019, Charles Brandt (“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. He alleges that, as a result of receiving the influenza vaccine on September 30, 

2017, he suffered from Guillain-Barre Syndrome (“GBS”). See Petition at 1, 6. On May 22, 

2020, respondent filed his Vaccine Rule 4(c) report, concluding that petitioner suffered GBS as 

defined by the Vaccine Injury Table, within the Table timeframe, and the Chief Special Master 

Corcoran issued a ruling on entitlement, finding that petitioner was entitled to compensation for 

a GBS Table injury. ECF No. 26; ECF No. 27. 

II. Items of Compensation

Based upon the evidence of record, respondent proffers that petitioner should be awarded 

a lump sum of $178,969.98, for all damages, including $165,000.00 representative of pain and 

suffering, and $13,969.98 representative of out-of-pocket medical and related expenses. This 

amount represents all elements of compensation to which petitioner is entitled under 42 U.S.C. § 

300aa-15(a). Petitioner agrees.
2

III. Form of the Award

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 $178,969.98 in 

the form of a check payable to petitioner.

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/ Adriana Teitel

ADRIANA TEITEL

Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146, Benjamin Franklin Station

Washington, DC 20044-0146

Tel: (202) 616-3677

Dated: February 17, 2021

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Should petitioner die prior to entry of judgment, respondent would oppose any award for future 

medical expenses, future lost earnings, and future pain and suffering, and the parties reserve the 

right to move the Court for appropriate relief.