Filed: Jul. 27, 2018
Latest Update: Jul. 27, 2018
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On June 23, 2017, Erwin Mansilla ("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-Barr syndrome ("GBS") as a result of an influenza ("flu") vaccine administered to him on March 10, 2015. Petition at 1. The case was assigned to the Special Processing Un
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On June 23, 2017, Erwin Mansilla ("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-Barr syndrome ("GBS") as a result of an influenza ("flu") vaccine administered to him on March 10, 2015. Petition at 1. The case was assigned to the Special Processing Uni..
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UNPUBLISHED
DECISION AWARDING DAMAGES1
NORA BETH DORSEY, Chief Special Master.
On June 23, 2017, Erwin Mansilla ("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-Barré syndrome ("GBS") as a result of an influenza ("flu") vaccine administered to him on March 10, 2015. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On March 6, 2018, a ruling on entitlement was issued, finding petitioner entitled to compensation. On July 27, 2018, respondent filed a proffer on award of compensation ("Proffer") indicating petitioner should be awarded $80,346.00 (consisting of $78,000.00 in pain and suffering and $2,346.00 in out-of-pocket unreimbursed expenses). Proffer at 1. In the Proffer, respondent represented that petitioner agrees with the proffered award. 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 $ 80,346.00 (consisting of $78,000.00 in pain and suffering and $2,346.00 in out-of-pocket unreimbursed expenses), in the form of a check payable to petitioner, Erwin Mansilla. This amount represents compensation for all damages that would be available under § 300aa-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 March 6, 2018, respondent filed her Rule 4(c) Report, in which she conceded entitlement. On March 6, 2018, the Court issued a Ruling on Entitlement, finding that petitioner is entitled to compensation. Respondent now proffers that petitioner receive an award of a lump sum of $80,346.00 (consisting of $78,000.00 in pain and suffering and $2,346.00 in out of pocket unreimbursed 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 $80,346.00.
