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  5. Pavelka v. Secretary of Health and Human Services, 17-1993V. (2020)

Pavelka v. Secretary of Health and Human Services, 17-1993V. (2020)

Court: United States Court of Federal Claims Number: infdco20200214b80 Visitors: 2
Filed: Jan. 13, 2020
Latest Update: Jan. 13, 2020
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 BRIAN H. CORCORAN , Chief Special Master . On December 20, 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 Guillain-Barre Syndrome ("GBS") as a result of an influenza ("flu") vaccination administered to him on January 6, 2015. Petition at 1. The case was assigned to the Special Processing Unit of the
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UNPUBLISHED

DECISION AWARDING DAMAGES1

On December 20, 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 Guillain-Barre Syndrome ("GBS") as a result of an influenza ("flu") vaccination administered to him on January 6, 2015. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On January 21, 2020, a ruling on entitlement was issued, finding Petitioner entitled to compensation for his GBS. On December 31, 2019, Respondent filed a proffer on award of compensation ("Proffer") indicating Petitioner should be awarded $225,592.77, representing $3,012.64 for Petitioner's projected life care expenses, $215,289.26 for Petitioner's actual and projected pain and suffering, and $7,290.87 for Petitioner's past unreimbursable expenses. 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 $225,592.77, representing $3,012.64 for Petitioner's projected life care expenses, $215,289.26 for Petitioner's actual and projected pain and suffering, and $7,290.87 for Petitioner's actual unreimbursable expenses in the form of a check payable to Petitioner. 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. Compensation for Vaccine-Related Items:

On March 21, 2019, respondent conceded that entitlement to compensation was appropriate under the terms of the Vaccine Act. On March 21, 2019, the Court issued a Ruling on Entitlement, finding that petitioner was entitled to vaccine compensation for his Guillain-Barré Syndrome ("GBS"). Respondent proffers that, based on the evidence of record, petitioner, Ralph M. Pavelka, should be awarded $225,592.77, which amount represents $3,012.64 in compensation for projected life care expenses, $215,289.26 in actual and projected pain and suffering, and $7,290.87 for past unreimbursable expenses.1 This amount 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

The parties recommend that the compensation provided to petitioner should be made through a lump sum payment as described below, and request that the Special Master's decision and the Court's judgment award the following:2

A. A lump sum payment of $225,592.77 in the form of a check payable to petitioner, Ralph M. Pavelka. This amount accounts for all elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner would be entitled. Respectfullysubmitted, 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 /s/Glenn A. MacLeod GLENN A. MACLEOD Senior Trial Counsel Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Tel: (202) 616-4122 Dated:

FootNotes


1. Because this unpublished ruling contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). This means the ruling 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 "§" references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012).
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.
1. This amount reflects that any award for projected life care expenses or projected pain and suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(f)(4)(A). This proffer does not include any award for attorneys' fees and costs that may be awarded pursuant to 42 U.S.C. § 300aa-15(e).
2. 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 lost earnings, and future pain and suffering.
Source:  Leagle
Lawyers who claimed
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Citations
17-1993V.
Counsels
  • Kate Gerayne Westad
  • Glenn Alexander MacLeod
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