BLAND v. SECRETARY OF HEALTH AND HUMAN SERVICES

In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-2080V
JAMES BLAND, III,
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Chief Special Master Corcoran
Filed: December 3, 2025
LeeAnne Pedrick, Mctlaw, Washington, D.C., for Petitioner.
Alyssa M. Petroff, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On December 18, 2024, James Bland, III 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”)
after receiving an influenza (“flu”) vaccination on January 28, 2022. Petition at 1. The case
was assigned to the Special Processing Unit of the Office of Special Masters.
On July 9, 2025, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for his GBS. On December 3, 2025, Respondent filed a proffer on award
of 	compensation 	(“Proffer”) 	indicating 	Petitioner 	should 	be 	awarded 	$173,243.09,
comprised of $172,500.00 for pain and suffering and $743.09 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 $173,243.09, 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.
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IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
JAMES BLAND, III,
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
No. 24-2080V
Chief Special Master Corcoran
ECF
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On December 18, 2024, James Bland, III (“petitioner”), filed a petition for compensation
(“Petition”) seeking compensation 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 (“Table”) injury of Guillain-Barre Syndrome (“GBS”) that
developed within the Table timeframe following an influenza (“flu”) vaccine administered on
January 28, 2022.1 Petition at 1. On July 1, 2025, 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 July 9, 2025, the Chief Special Master
issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 16; ECF
No. 17.
1 On February 1 and 22, 2022, petitioner received COVID-19 vaccinations. Ex. 2 at 353-54.
Vaccines against COVID-19 are not contained in the Vaccine Injury Table. See 42 U.S.C. §
300aa-14 and 42 C.F.R. § 100.3(a). Pursuant to the declaration issued by the Secretary of Health
and Human Services under the Public Readiness and Emergency Preparedness Act (42 U.S.C.
§§ 247d-6d, 247d-6e), claims for alleged injuries from COVID-19 countermeasures, including
vaccines, may be compensable under the Countermeasures Injury Compensation Program
(“CICP”). See 85 Fed. Reg. 15198, 15202 (March 17, 2020).
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I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $172,500.00 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 $743.09. 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
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 ,3:
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.
3 The entry of judgment awarding the compensation described herein in a Decision of the Special
Master, resolves any and all actions or causes of action (including agreements, judgments,
claims, damages, loss of services, expenses and all demands of whateve r kind or nature) that
have been brought, could have been brought, or hereafter could be timely brought against the
United States and the Secretary of Health and Human Services in the Court of Federal Claims,
under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 et seq., (a) on
account of, or in any way growing out of any and all known or unknown, suspected or
unsuspected personal injuries to or death of petitioner that resulted from, or that may be alleged
to have resulted from, the vaccinations identified herein, and (b) that petitioner has had, now has,
or hereafter may have with respect to the injury that gave rise to the petition for vaccine
compensation filed in the United States Court of Federal Claims as petition No. 24-2080V.
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A lump sum payment of $173,243.09 to be paid through an ACH deposit to
petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner.
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, JR.
Assistant Director
Torts Branch, Civil Division
/s/ Alyssa M. Petroff
ALYSSA M. PETROFF
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) 307-3852
Email: Alyssa.Petroff2@usdoj.gov
Date: December 3, 2025
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