Filed: Nov. 06, 2019
Latest Update: Nov. 06, 2019
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 BRIAN H. CORCORAN , Chief Special Master . On August 9, 2018, 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 Guillain-Barre Syndrome ("GBS") as a result of an influenza ("flu") vaccine administered on September 18, 2012. Petition at 1. The case was assigned to the Special Processing Unit of the Office o
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 BRIAN H. CORCORAN , Chief Special Master . On August 9, 2018, 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 Guillain-Barre Syndrome ("GBS") as a result of an influenza ("flu") vaccine administered on September 18, 2012. Petition at 1. The case was assigned to the Special Processing Unit of the Office of..
More
UNPUBLISHED
DECISION AWARDING DAMAGES1
BRIAN H. CORCORAN, Chief Special Master.
On August 9, 2018, 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 Guillain-Barre Syndrome ("GBS") as a result of an influenza ("flu") vaccine administered on September 18, 2012. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On July 22, 2019, a ruling on entitlement was issued, finding petitioner entitled to compensation. On November 6, 2019, respondent filed a proffer on award of compensation ("Proffer") indicating petitioner should be awarded $65,000.00. Proffer at 1. 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.
Pursuant to the terms stated in the attached Proffer, I award petitioner a lump sum payment of $65,000.00 in the form of a check payable to petitioner, Mark Thomann. 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.
PROFFER ON AWARD OF COMPENSATION
On July 18, 2019, respondent filed a Rule 4(c) Report, in which he conceded that petitioner sustained the onset of Guillain-Barre Syndrome ("GBS") within the time period set forth in the Vaccine Injury Table, following his receipt of an influenza ("flu") vaccine administered on September 18, 2012. Docket No. 23. On July 22, 2019, the Court issued a Ruling on Entitlement, finding that petitioner is entitled to compensation. . Docket No. 25.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded $65,000.00, which 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 should be made through a lump sum payment of $65,000.00, in the form of a check payable to petitioner. Petitioner agrees.
