Filed: Jul. 16, 2018
Latest Update: Jul. 16, 2018
Summary: DECISION AWARDING DAMAGES 1 HERBRINA D. SANDERS , Special Master . On June 16, 2017, Lynette Pestel ("Petitioner") filed a petition for compensation under the National Vaccine Injury Compensation Program. 42 U.S.C. 300aa-10, et seq. 2 (2012) ("Vaccine Act" or "Program"). Petitioner alleged that she suffered from Guillain-Barr Syndrome ("GBS") as a result of an influenza vaccine she received on September 26, 2014. Pet. at 1, ECF No. 1. On February 15, 2018, Respondent filed his Rule
Summary: DECISION AWARDING DAMAGES 1 HERBRINA D. SANDERS , Special Master . On June 16, 2017, Lynette Pestel ("Petitioner") filed a petition for compensation under the National Vaccine Injury Compensation Program. 42 U.S.C. 300aa-10, et seq. 2 (2012) ("Vaccine Act" or "Program"). Petitioner alleged that she suffered from Guillain-Barr Syndrome ("GBS") as a result of an influenza vaccine she received on September 26, 2014. Pet. at 1, ECF No. 1. On February 15, 2018, Respondent filed his Rule ..
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DECISION AWARDING DAMAGES1
HERBRINA D. SANDERS, Special Master.
On June 16, 2017, Lynette Pestel ("Petitioner") filed a petition for compensation under the National Vaccine Injury Compensation Program. 42 U.S.C. § 300aa-10, et seq.2 (2012) ("Vaccine Act" or "Program"). Petitioner alleged that she suffered from Guillain-Barré Syndrome ("GBS") as a result of an influenza vaccine she received on September 26, 2014. Pet. at 1, ECF No. 1.
On February 15, 2018, Respondent filed his Rule 4(c) Report, in which he concluded that "[P]etitioner has satisfied the criteria set forth in the newly revised Vaccine Injury Table and the Qualifications and Aids to Interpretation for GBS following a flu vaccination." ECF No. 16. Accordingly, Respondent concluded that Petitioner is entitled to an award of damages "limited to [P]etitioner's GBS and its related sequelae only." Id. On February 21, 2018, the undersigned issued a Ruling on Entitlement consistent with Respondent's Rule 4(c) Report. ECF No. 17.
On July 16, 2018, Respondent filed a Proffer on Award of Compensation ("Proffer"). ECF No. 23. Based on the record as a whole, the undersigned finds that Petitioner is entitled to an award as stated in the Proffer.
Pursuant to the terms stated in the Proffer, attached as Appendix A, the undersigned awards Petitioner a lump sum payment of $122,876.92, representing compensation for past and future pain and suffering ($120,000.00), past unreimbursed out-of-pocket medical expenses ($2,000.00), and past unreimbursed wage loss ($876.92), in the form of a check payable to Petitioner.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of court SHALL ENTER JUDGMENT herewith.3
IT IS SO ORDERED.
RESPONDENT'S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
The Court issued a Ruling on Entitlement on February 21, 2018. Based upon the evidence of record, respondent proffers that petitioner should be awarded the following amounts:
A. $120,000.00, which represents compensation for past and future pain and suffering;
B. $2,000.00, which represents compensation for past unreimbursed out-of-pocket medical expenses; and
C. $876.92, which represents compensation for past unreimbursed wage loss.
These amounts represent 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 $122,876.92 in the form of a check payable to petitioner. Petitioner agrees.
Respectfully submitted,
CHAD A. READLER
Acting Assistant Attorney General
C. SALVATORE D'ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
/s/DEBRA A. FILTEAU BEGLEY
DEBRA A. FILTEAU BEGLEY
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Phone: (202) 616-4181
Dated: July 16, 2018