TRANMER v. SECRETARY OF HEALTH AND HUMAN SERVICES

In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-1755V
GARY L. TRANMER,
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Chief Special Master Corcoran
Filed: December 11, 2025
Richard H. Moeller, Moore, Heffernan, et al., Sioux City, IA, for Petitioner.
Tyler King, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On October 28, 2024, Gary Tranmer 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 the “on-table” injury of Guillain-Barré
syndrome (“GBS”) as a result of an influenza (“flu”) vaccine administered to him on
December 20, 2023. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On June 27, 2025, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for GBS. On December 10, 2025, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $125,000.00 for pain
and suffering, $4,003.24 for past unreimbursable expenses, and $9,276.80 for past lost
wages. Proffer at 2. In the Proffer, Respondent represented that Petitioner agrees with
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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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 $138,280.04 (representing $125,000.00 for pain and suffering,
$4,003.24 for past unreimbursable expenses, and $9,276.80 for past lost wages) 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-01755-UNJ Document 41 Filed 01/12/26 Page 2 of 5

IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
GARRY TRANMER,
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
No. 24-1755V
Chief Special Master Brian H. Corcoran
ECF
PROFFER ON AWARD OF COMPENSATION1
On October 28. 2024, Gary Tranmer (“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 (“Act”). He alleges that he sustained Guillain-Barré Syndrome (“GBS”), as
defined in the Vaccine Injury Table, following receipt of an influenza vaccine administered on
December 20, 2023. See Petition. On June 23, 2025, the Secretary of Health and Human
Services (“respondent”) filed his Vaccine Rule 4(c) report, concluding that this case is
appropriate for compensation under the terms of the Act for a GBS Table injury. See ECF No.
19. On June 27, 2025, Chief Special Master Corcoran issued a ruling on entitlement, finding
petitioner entitled to compensation for a GBS Table injury. See 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 $125,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
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 $4,003.24. See 42 U.S.C. § 300aa-15(a)(1)(B).
Petitioner agrees.
C. 	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 $9,276.80. See 42 U.S.C. § 300aa-15(a)(3)(A). 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
The parties recommend that 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 following:2
A lump sum payment of $138,280.04 to be paid through an ACH deposit to petitioner’s
counsel’s IOLTA account for prompt disbursement to petitioner, Garry Tranmer.
Petitioner is a competent adult. Proof of guardianship is not required in this case.
2 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.
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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
JULIA M. COLLISON
Assistant Director
Torts Branch, Civil Division
/s/ Tyler C. King
TYLER C. KING
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) 305-0730
Tyler.king@usdoj.gov
Dated: December 10, 2025
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