Filed: Oct. 04, 2019
Latest Update: Oct. 04, 2019
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 BRIAN H. CORCORAN , Chief Special Master . On September 14, 2018, petitioner, as administrator for the estate of his father, Salah Hamad, 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 his father suffered Guillain-Barr Syndrome (GBS) after receiving an influenza vaccination on December 23, 2017, which resulted in his death on
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 BRIAN H. CORCORAN , Chief Special Master . On September 14, 2018, petitioner, as administrator for the estate of his father, Salah Hamad, 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 his father suffered Guillain-Barr Syndrome (GBS) after receiving an influenza vaccination on December 23, 2017, which resulted in his death on A..
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UNPUBLISHED
DECISION AWARDING DAMAGES1
BRIAN H. CORCORAN, Chief Special Master.
On September 14, 2018, petitioner, as administrator for the estate of his father, Salah Hamad, 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 his father suffered Guillain-Barré Syndrome (GBS) after receiving an influenza vaccination on December 23, 2017, which resulted in his death on April 17, 2018. Petition at ¶¶ 2, 8. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On July 30, 2019, a ruling on entitlement was issued, finding petitioner entitled to compensation for his GBS. On October 4, 2019, respondent filed a proffer on award of compensation ("Proffer") indicating petitioner should be awarded $474,574.44, representing $250,000.00 for the death benefit; $215,000.00 for pain and suffering; and $9,574.44 for unreimbursable expenses. Proffer at 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 $474,574.44, representing $250,000.00 for the death benefit; $215,000.00 for pain and suffering; and $9,574.44 for 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.
PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On September 14, 2018, Mohamed Mohamed ("petitioner"), as Administrator of the Estate of Salah Hamad ("decedent"), filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34, as amended ("Vaccine Act" or "Act"). Petitioner alleges that the decedent sustained Guillain-Barré Syndrome ("GBS") after an influenza ("flu") vaccination on December 23, 2017, and that his GBS resulted in his death on April 17, 2018. Petition at 1. GBS is an injury listed on the Vaccine Injury Table ("Table") for the flu vaccine.
On July 19, 2019, respondent filed his Rule 4(c) report, conceding that the decedent's injury meets the Table criteria for GBS after a flu vaccination. On July 30, 2019, the Special Master ruled that petitioner was entitled to compensation.
II. Items of Compensation
Based upon the evidence, respondent proffers that petitioner should be awarded a lump sum of $474,574.44 ($250,000.00 for the death benefit; $215,000.00 for pain and suffering; $9,574.44 for unreimbursed expenses). This amount represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
III. Form of the Award
Respondent recommends that compensation be awarded to petitioner in the amount of $474,574.44, in the form of a check payable to petitioner. Petitioner agrees.
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/Darryl R. Wishard
DARRYL R. WISHARD
Senior Trial Attorney
Torts Branch, Civil Division
U. S. Department of Justice
P.O. Box 146, Benjamin Franklin Station
Washington, D.C. 20044-0146
Direct dial: (202) 616-4357
Dated: October 4, 2019 Fax: (202) 616-4310