Filed: Sep. 27, 2019
Latest Update: Sep. 27, 2019
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On May 16, 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-Barr Syndrome ("GBS") after receiving the influenza vaccination on October 21, 2016. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On May 16, 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-Barr Syndrome ("GBS") after receiving the influenza vaccination on October 21, 2016. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On ..
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UNPUBLISHED
DECISION AWARDING DAMAGES1
NORA BETH DORSEY, Chief Special Master.
On May 16, 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-Barré Syndrome ("GBS") after receiving the influenza vaccination on October 21, 2016. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On April 25, 2019, a ruling on entitlement was issued, finding petitioner entitled to compensation for his GBS. On September 27, 2019, respondent filed a proffer on award of compensation ("Proffer") indicating petitioner should be awarded $93,700.19, representing $92,500.00 in compensation for petitioner's past and future pain and suffering3 and $1,200.19 in compensation for petitioner's past unreimbursable expenses. Proffer at 1-2. In the Proffer, respondent represented that petitioner agrees with the proffered award. Id. 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 attached Proffer, the undersigned awards petitioner a lump sum payment of $93,700.19, representing $92,500.00 in compensation for petitioner's actual and projected pain and suffering and $1,200.19 in compensation for petitioner's past unreimbursable expenses in the form of a check payable to petitioner, Flint Allen. 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.4
IT IS SO ORDERED.
RESPONDENT'S PROFFER ON AWARD OF COMPENSATION
On May 16, 2018, Flint Allen ("petitioner") filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 ("Vaccine Act" or "Act"), alleging that he suffered Guillain-Barré Syndrome ("GBS") as a result of an influenza ("flu") vaccine administered to him on October 21, 2016. On April 25, 2019, the Secretary of Health and Human Services ("respondent") filed a Rule 4(c) Report indicating that petitioner's GBS case is appropriate for compensation under the terms of the Act, and on April 25, 2019, the Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that Flint Allen should be awarded $92,500.00 in actual and projected pain and suffering. This amount reflects that the award for projected pain and suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents Flint Allen's expenditure of past unreimbursable expenses as a result of his vaccine injury. Respondent proffers that petitioner should be awarded past unreimbursable expenses in the amount of $1,200.19, as provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(1)(B). 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 Flint Allen should be made through a lump sum payment as described below and requests that the Special Master's decision and the Court's judgment award the following1: a lump sum payment of $93,700.19, representing compensation for pain and suffering ($92,500.00), and past unreimbursable expenses ($1,200.19), in the form of a check payable to petitioner, Flint Allen.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Flint Allen: $93,700.19
Respectfully submitted,
JOSEPH H. HUNT
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
JULIA M. COLLISON
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Ben Franklin Station
Washington, DC 20044-0146
Tel: (202) 305-0102
Dated: September 27, 2019