Filed: Dec. 18, 2019
Latest Update: Dec. 18, 2019
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Special Master . On January 8, 2016, A.P. ("petitioner") filed a petition for compensation under the National Vaccine Injury Compensation Program ("the Program"). 2 Petitioner alleged that as a result of an influenza ("flu") vaccine administered on February 4, 2014, he suffered from Guillain-Barr syndrome ("GBS"). Petition at 1. On August 15, 2017, the undersigned issued a ruling finding that petitioner was entitled to compensa
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Special Master . On January 8, 2016, A.P. ("petitioner") filed a petition for compensation under the National Vaccine Injury Compensation Program ("the Program"). 2 Petitioner alleged that as a result of an influenza ("flu") vaccine administered on February 4, 2014, he suffered from Guillain-Barr syndrome ("GBS"). Petition at 1. On August 15, 2017, the undersigned issued a ruling finding that petitioner was entitled to compensat..
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UNPUBLISHED
DECISION AWARDING DAMAGES1
NORA BETH DORSEY, Special Master.
On January 8, 2016, A.P. ("petitioner") filed a petition for compensation under the National Vaccine Injury Compensation Program ("the Program").2 Petitioner alleged that as a result of an influenza ("flu") vaccine administered on February 4, 2014, he suffered from Guillain-Barré syndrome ("GBS"). Petition at 1. On August 15, 2017, the undersigned issued a ruling finding that petitioner was entitled to compensation.
On December 18, 2019, respondent filed a Proffer on Award of Compensation ("Proffer"). In the Proffer, respondent represented that petitioner agrees with the proffered award. Proffer at 2. 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:
(1) A lump sum payment of $698,284.19, in the form of a check made payable to petitioner. The total amount includes $195,000.00 for pain and suffering, $418,592.00 for lost earnings, and $84,692.19 for past and future unreimbursable expenses.
Proffer at 1-2.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of the Court SHALL ENTER JUDGMENT herewith.3
IT IS SO ORDERED.
RESPONDENT'S PROFFER ON AWARD OF COMPENSATION
On August 14, 2017, respondent filed a Vaccine Rule 4(c) report concluding that petitioner suffered Guillain-Barre Syndrome within the Table timeframe following an influenza vaccination, and stating that he would not contest petitioner's entitlement to compensation under the National Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C. §§300aa-10 to -34. Accordingly, on August 15, 2017, the Chief Special Master issued a Ruling on Entitlement.
I. Items of Compensation
Respondent proffers that petitioner should be awarded $195,000.00 for pain and suffering, $418,592.00 for lost earnings, and $84,692.19 for past and future unreimburseable expenses. These amounts represent all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made through a lump sum payment of $698,284.19 in the form of a check payable to petitioner.1 This lump sum payment represents all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
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
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
s/ LARA A. ENGLUND
LARA A. ENGLUND
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146 Benjamin Franklin Station
Washington D.C. 20044-0146
Tel: (202) 307-3013
E-mail: lara.a.englund@usdoj.gov