Filed: Nov. 30, 2018
Latest Update: Nov. 30, 2018
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On September 7, 2017, 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 alleges that he suffered developed a Vaccine Table injury of Guillain-Barr Syndrome ("GBS") as a result of an influenza ("flu") vaccine administered on November 9, 2015. Petition at 7. The case was assigned to the Speci
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On September 7, 2017, 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 alleges that he suffered developed a Vaccine Table injury of Guillain-Barr Syndrome ("GBS") as a result of an influenza ("flu") vaccine administered on November 9, 2015. Petition at 7. The case was assigned to the Specia..
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UNPUBLISHED
DECISION AWARDING DAMAGES1
NORA BETH DORSEY, Chief Special Master.
On September 7, 2017, 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 alleges that he suffered developed a Vaccine Table injury of Guillain-Barré Syndrome ("GBS") as a result of an influenza ("flu") vaccine administered on November 9, 2015. Petition at 7. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On May 24, 2018, a ruling on entitlement was issued, finding petitioner entitled to compensation for his GBS injury. On November 27, 2018, respondent filed a proffer on award of compensation ("Proffer") indicating petitioner should be awarded $115,000.00. Proffer at 1. In the Proffer, respondent represented that petitioner agrees with the proffered award. Based on the record as a whole, the undersigned finds that petitioner is entitled to an award as stated in the Proffer. Id.
Pursuant to the terms stated in the attached Proffer, the undersigned awards petitioner a lump sum payment of $115,000.00 in the form of a check payable to petitioner, Laurence Kratzer. 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.
RESPONDENT'S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
The Court issued a Ruling on Entitlement on May 24, 2018. Based upon the evidence of record, respondent proffers that petitioner should be awarded a lump sum of $115,000.00, which represents compensation for past and future pain and suffering. This amount represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees.
II. Form of the Award
Petitioner is a competent adult. Evidence of guardianship is not required in this case. Respondent recommends that petitioner be awarded a lump sum payment of $115,000.00 in the form of a check payable to petitioner. Petitioner agrees.
