PATIL v. SECRETARY OF HEALTH AND HUMAN SERVICES

In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-1901V
AMIT PATIL,
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Chief Special Master Corcoran
Filed: December 5, 2025
Catherine W. Costigan, Mctlaw, Washington, DC, for Petitioner.
Sara DeStefano, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On November 19, 2024, Amit Patil 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”)
following receipt of an influenza vaccination on November 28, 2023. Petition at 1. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On August 8, 2025, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for his GBS. On December 5, 2025, Respondent filed a proffer on award
of 	compensation 	(“Proffer”) 	indicating 	Petitioner 	should 	be 	awarded 	$178,086.98,
comprised of the following elements: $160,000.00 for pain and suffering, $3,848.46 for
lost wages, and $14,238.52 for past unreimbursable expenses. 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 Decision contains a reasoned explanation for the action taken in this case, it must be made
publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government
Act of 2002. 44 U.S.C. § 3501 note (2018) (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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2018).
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2
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $178,086.98, to be paid through an ACH deposit to Petitioner’s
counsel’s IOLTA account for prompt disbursement to Petitioner. This amount
represents compensation for all damages that would be available under Section 15(a).
The Clerk of 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.
Case 1:24-vv-01901-UNJ Document 37 Filed 01/09/26 Page 2 of 5

IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
AMIT PATIL,
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
No. 24-1901V
Chief Special Master Brian H. Corcoran
ECF
PROFFER ON AWARD OF COMPENSATION1
On November 19, 2024, Amit Patil (“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 (“Vaccine Act” or “Act”). Petitioner alleges that he suffered the Vaccine Injury
Table injury of Guillain-Barré syndrome (“GBS”) that developed following an influenza (“flu”)
vaccine administered on November 28, 2023. Petition at 1, 13.
On August 8, 2025, the Secretary of Health and Human Services (“respondent”) filed a
Rule 4(c) Report concluding that this case is appropriate for compensation under the terms of the
Act for a GBS Table injury, and on August 8, 2025, the Chief Special Master issued a Ruling on
Entitlement finding petitioner entitled to compensation. ECF No. 22.
I. 	Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
the following:
1 This Proffer does not include attorneys’ fees and costs, which the parties intend to address after
the Damages Decision is issued.
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A. 	Pain and Suffering
Respondent proffers that petitioner should be awarded $160,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
B. 	Lost Earnings
Evidence supplied by petitioner documents that he incurred lost earnings related to his
vaccine-related injury. Respondent proffers that petitioner should be awarded past lost wages in
the amount of $3,848.46. See 42 U.S.C. § 300aa-15(a)(3)(A). Petitioner agrees.
C. 	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 $14,238.52. 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/Recommended Payment
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment as described below and request that the Chief Special Master’s
decision and the Court’s judgment award the following2:
A lump sum payment of $178,086.98 to be paid through an ACH deposit to petitioner’s
counsel’s IOLTA account for prompt disbursement to petitioner, Amit Patil.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
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.
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Respectfully submitted,
BRETT A. SHUMATE
Assistant Attorney General
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
VORIS E. JOHNSON
Assistant Director
Torts Branch, Civil Division
/s/ Sara DeStefano
SARA DESTEFANO
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) 307-6545
E-mail: sara.destefano@usdoj.gov
DATED: December 5, 2025
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