Filed: Jul. 09, 2019
Latest Update: Jul. 09, 2019
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On March 13, 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") resulting from adverse effects of an influenza ("flu") vaccination administered on October 13, 2016. Petition at 1. The case was assigned to the Special Processing U
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On March 13, 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") resulting from adverse effects of an influenza ("flu") vaccination administered on October 13, 2016. Petition at 1. The case was assigned to the Special Processing Un..
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UNPUBLISHED
DECISION AWARDING DAMAGES1
NORA BETH DORSEY, Chief Special Master.
On March 13, 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") resulting from adverse effects of an influenza ("flu") vaccination administered on October 13, 2016. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On March 19, 2019, a ruling on entitlement was issued, finding petitioner entitled to compensation for GBS. On July 8, 2019, respondent filed a proffer on award of compensation ("Proffer") indicating petitioner should be awarded $183,963.63 consisting of $180,000.00 in pain and suffering, and $3,963.63 in past unreimbursed expenses. Proffer at 1. 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 $183,963.63 (consisting of $180,000.00 in pain and suffering, and $3,963.63 in past unreimbursed expenses) in the form of a check payable to petitioner, Ronnie A. Newcomer. 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.
IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS
RONNIE A. NEWCOMER,
Petitioner,
No.18-388V
Chief Special Master
v. Dorsey
ECF
SECRETARY OF HEALTH AND
HUMANSERVICES,
Respondent.
RESPONDENT'S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
On March 18, 2019, respondent filed a Rule 4(c) Report conceding entitlement in this case. On March 19, 2019, the Chief Special Master issued a Ruling on Entitlement finding that petitioner was entitled to vaccine compensation for sequela related to his Guillain-Barré Syndrome ("GBS"). Respondent proffers that based on the evidence of record, petitioner should be awarded $183,963.63 (constituting $180,000.00 in pain and suffering, and $3,963.63 in past unreimbursed expenses). This amount represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a)(1); 15(a)(3)(A); and 15(a)(4). 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 Chief Special Master's decision and the Court's judgment award the following:1
A lump sum payment of $180,963.63, in the form of a check payable to petitioner, Ronnie Newcomer. This amount accounts for all elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner would be entitled.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
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
HEATHER L. PEARLMAN
Assistant Director
Torts Branch, Civil Division
/s/ Linda S. Renzi
LINDA S. RENZI
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) 616-4133
Dated: July 8, 2019
