(Not to be Published)

DECISION AWARDING DAMAGES1

BRIAN H. CORCORAN, Special Master.

On November 1, 2017, Patsy Gipson, Trustee of Alfred A. Gipson, filed a petition seeking compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleged that Mr. Gipson suffered from Guillain-Barré syndrome ("GBS") as a result of receiving the influenza ("flu") vaccine on November 5, 2015, and that his death on January 1, 2017, was a sequela of that injury. Petition (ECF No. 1) at 1. Petitioner subsequently amended her petition on September 5, 2018, to remove the requested compensation for Mr. Gipson's death (thus, limiting her compensation request to damages directly attributable to Mr. Gipson's GBS injury). Amended Petition (ECF No. 22) at 1.

Thereafter, on August 24, 2018, Respondent filed his Rule 4(c) Report indicating that medical personnel of the Division of Injury Compensation Programs ("DICP"), Department of Health and Human Services concluded that Petitioner has satisfied the criteria for a GBS/flu vaccine injury as set forth in the Vaccine Injury Table ("Table"). See Rule 4(c) Report, filed Aug. 24, 2018 (ECF No. 21) at 5-6. According to Respondent, the evidence shows that Petitioner suffered GBS following administration of the flu vaccine, and that onset occurred within the time period specified in the Table. Id. at 5. Thus, Respondent indicated that based on his review of the record Petitioner satisfied all legal prerequisites for compensation under the Act. Id. at 5-6. I subsequently issued a ruling on entitlement on October 1, 2018. See ECF No. 23.

On February 25, 2019, Respondent filed a proffer proposing an award of compensation. ECF No. 28. I have reviewed the file, and based upon that review I conclude that the Respondent's proffer (as attached hereto) is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth therein.

The proffer awards:

Proffer at I-II. These amounts represent compensation for all elements of compensation under 42 U.S.C. § 300aa-15(a) to which Petitioner is entitled.

I approve a Vaccine Program award in the requested amount set forth above to be made to Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the Court is directed to enter judgment herewith.3

IT IS SO ORDERED.

RESPONDENT'S PROFFER ON AWARD OF COMPENSATION

On November 1, 2017, Patsy Gipson, Trustee of Alfred A. Gipson ("Alfred"), ("petitioner") filed a petition for compensation alleging that Alfred suffered Guillain-Barré syndrome ("GBS"), a Table injury, as a result of an influenza ("flu") vaccine administered to him on November 5, 2015, and that his death on January 1, 2017, was a sequela of that alleged vaccine injury.

On August 24, 2018, Respondent filed his Rule 4(c) Report conceding entitlement to compensation for Alfred's Table injury of GBS, but denying that Alfred's GBS was a substantial factor in the cause of his death.

Petitioner filed an Amended Petition on September 5, 2018, withdrawing her claim for damages for Alfred's death.

On October 1, 2018, the Special Master issued an Entitlement Ruling finding that petitioner was entitled to compensation under the Vaccine Act for Alfred's GBS.

I. Items of Compensation

Based upon the evidence of record, respondent proffers that petitioner should be awarded $176,288.00 consisting of $175,000.00 for Alfred's pain and suffering, and $1,288.00 for past unreimbursable expenses related to Alfred's GBS. This 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 of $176,288.00 in the form of a check payable to petitioner. Petitioner agrees.