Filed: Jul. 17, 2018
Latest Update: Jul. 17, 2018
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On April 10, 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 she suffered Guillain-Barr Syndrome ("GBS") within 3-42 days of receiving the seasonal influenza vaccine on November 19, 2014. Petition at 1; see also id. at 3-4, 18-19, 38. The case was assigned to the
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On April 10, 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 she suffered Guillain-Barr Syndrome ("GBS") within 3-42 days of receiving the seasonal influenza vaccine on November 19, 2014. Petition at 1; see also id. at 3-4, 18-19, 38. The case was assigned to the S..
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UNPUBLISHED
DECISION AWARDING DAMAGES1
NORA BETH DORSEY, Chief Special Master.
On April 10, 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 she suffered Guillain-Barré Syndrome ("GBS") within 3-42 days of receiving the seasonal influenza vaccine on November 19, 2014. Petition at 1; see also id. at ¶¶ 3-4, 18-19, 38. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On December 20, 2017, a ruling on entitlement was issued, finding petitioner entitled to compensation for her GBS. On July 17, 2018, respondent filed a proffer on award of compensation ("Proffer") indicating petitioner should be awarded $163,000.00, representing $149,536.06 for past and future pain and suffering (the amount for future pain and suffering reduced to net present value) and $13,463.94 for unreimbursable, vaccine-related 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 $163,000.00, representing $149,536.06 for actual and projected pain and suffering and $13,463.94 for unreimbursable expenses, in the form of a check payable to petitioner, Yvonne Diaz. 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
On December 15, 2017, respondent filed his Rule 4(c) Report, in which he recommended that the Court find petitioner entitled to compensation, and on December 20, 2017, the Court entered its Ruling on Entitlement, finding petitioner entitled to compensation. Respondent now proffers that petitioner receive an award of a lump sum of $163,000.00 (consisting of $149,536.06 for past and future pain and suffering, reduced to net present value, and $13,463.94 for unreimbursable, vaccine-related expenses) in the form of a check payable to petitioner. This amount represents compensation for all elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner is entitled.1
Petitioner agrees with the proffered award of $163,000.00.2
