In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 20-177V

UNPUBLISHED

DUSTIN GIBSON,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: April 9, 2021

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Influenza (Flu) Vaccine; GuillainBarre Syndrome (GBS)

Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for petitioner.

Naseem Kourosh, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES1

On February 20, 2020, Dustin Gibson 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 (GBS) resulting from the

adverse effects of the influenza (flu) vaccination he received on October 4, 2018. Petition 

at 1. Petitioner further alleges that he received the vaccination in the United States, his 

GBS and sequelae lasted more than six months, and that neither Petitioner nor any other 

party has ever filed any action, or received any compensation in the form of an award or 

settlement for Petitioner’s vaccine-related injury . Petition at 1, 4. The case was assigned 

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

On August 20, 2020, a ruling on entitlement was issued, finding Petitioner entitled 

to compensation for GBS. On April 8, 2021, Respondent filed a proffer on award of 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am 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

compensation (“Proffer”) indicating Petitioner should be awarded $137,143.00. 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.

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

sum payment of $137,143.00 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

DUSTIN GIBSON,

Petitioner,

v.

SECRETARY OF HEALTH 

AND HUMAN SERVICES,

Respondent.

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No. 20-177 (ECF)

Chief Special Master Corcoran

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On February 20, 2020, Dustin Gibson (“petitioner”) filed a petition for compensation 

under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (2018) 

(the “Vaccine Act”). Petitioner alleged that he suffered from Guillain-Barré Syndrome resulting 

from an influenza vaccination. ECF No. 1 (Petition) at 1. 

On August 20, 2020, respondent filed a report conceding that compensation under the 

Vaccine Act is appropriate in this case. ECF No. 16. 

On August 20, 2020, the Chief Special Master issued a Ruling on Entitlement, finding 

that petitioner is entitled to compensation. ECF No. 17. On the same date, the Chief Special 

Master issued a Damages Order. ECF No. 18.

I. Items of Compensation

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

$137,143.00. The award is comprised of the following: $137,143.00 for pain and suffering. 

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

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

a lump sum payment of $137,143.00, in the form of a check payable to petitioner. Petitioner 

agrees.

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

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/ Naseem Kourosh 

NASEEM KOUROSH

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) 598-0899

E-mail: Naseem.Kourosh@usdoj.gov

DATED: April 8, 2021