Gillon v. Secretary of Health and Human Services

Opinion

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-752V

* * * * * * * * * * * * * NICHOLAS GILLON, * Petitioner, * Chief Special Master Corcoran * v. * April 22, 2026 * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * *

Leah V. Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner.

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

DECISION AWARDING DAMAGES1

On January 15, 2021, Nicholas Gillon (“Petitioner”) 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 alleged that he suffered Guillain-Barré syndrome as a result of a tetanus- diphtheria-acellular pertussis vaccine administered on June 5, 2019. Petition at Preamble.

On February 20, 2026, a ruling on entitlement was issued, finding that Petitioner is entitled to compensation. ECF No. 58. On April 22, 2026, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $77,394.77, consisting of $75,000.00 in pain and suffering and $2,394.77 in unreimbursed expenses. Proffer at 1-2. In the Proffer, Respondent represented that Petitioner agrees with the proffered award. Id. at 2. Based on the record as a whole, I find that Petitioner is entitled to an award as stated in the Proffer.

1 Because this Ruling 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). Pursuant to the terms stated in the attached Proffer, I award Petitioner: 1. A lump sum payment of $77,394.77 to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner; and

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.

2 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS

NICHOLAS GILLON,

Petitioner, No. 21-752V (ECF) v. Chief Special Master Corcoran

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent.

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION 1

On January 15, 2021, Nicholas Gillon (“petitioner”) filed a petition for compensation

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

Petitioner alleged that he suffered Guillain-Barré syndrome as the result of a tetanus-diphtheria-

acellular pertussis vaccine administered on June 5, 2019. Petition at 1.

On February 20, 2026, Special Master Gowen issued a Ruling on Entitlement, finding

that petitioner is entitled to compensation. ECF No. 58. 2

I. Items of Compensation

Based upon the evidence of record, the Secretary of Health and Human Services

(“respondent”) proffers that petitioner should be awarded $77,394.77, consisting of $75,000.00

1 This Proffer does not include attorneys’ fees and costs, which the parties intend to address after the Damages Decision is issued. 2 Respondent has no objection to the amount of the proffered award of damages set forth herein. Assuming the Chief Special Master issues a damages decision in conformity with this proffer, respondent waives his right to seek review of such damages decision. However, respondent reserves his right, pursuant to 42 U.S.C. § 300aa-12(e), to seek review of Special Master Gowen’s February 20, 2026 entitlement ruling. in pain and suffering and $2,394.77 in unreimbursed expenses. This 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

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

Respondent recommends that the compensation provided to petitioner 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 $77,394.77 to be paid through an

ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner. 3

Respectfully submitted,

BRETT A. SHUMATE Assistant Attorney General

JONATHAN D. GUYNN Acting Director Torts Branch, Civil Division

HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division

JAMES V. LOPEZ Assistant Director Torts Branch, Civil Division

3 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 medical expenses, future pain and suffering, and future lost wages.

2 /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 (202) 305-1159 Naseem.Kourosh@usdoj.gov DATED: April 22, 2026