Filed: Nov. 19, 2018
Latest Update: Nov. 19, 2018
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 MINDY MICHAELS ROTH , Special Master . On November 13, 2013, Steve Lehrman ["Mr. Lehrman or "petitioner"] filed a petition for compensation under the National Vaccine Injury Compensation Program. 2 Petitioner alleges that he developed Guillain-Barre Syndrome ("GBS") after receiving an influenza vaccine on October 25, 2011. See Petition, ECF No. 1. An entitlement hearing was held; on March 19, 2018, I issued a ruling on entitlement, finding that
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 MINDY MICHAELS ROTH , Special Master . On November 13, 2013, Steve Lehrman ["Mr. Lehrman or "petitioner"] filed a petition for compensation under the National Vaccine Injury Compensation Program. 2 Petitioner alleges that he developed Guillain-Barre Syndrome ("GBS") after receiving an influenza vaccine on October 25, 2011. See Petition, ECF No. 1. An entitlement hearing was held; on March 19, 2018, I issued a ruling on entitlement, finding that p..
More
UNPUBLISHED
DECISION AWARDING DAMAGES1
MINDY MICHAELS ROTH, Special Master.
On November 13, 2013, Steve Lehrman ["Mr. Lehrman or "petitioner"] filed a petition for compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges that he developed Guillain-Barre Syndrome ("GBS") after receiving an influenza vaccine on October 25, 2011. See Petition, ECF No. 1. An entitlement hearing was held; on March 19, 2018, I issued a ruling on entitlement, finding that petitioner was entitled to compensation. See Ruling on Entitlement, ECF No. 86. Respondent filed a proffer on November 19, 2018, agreeing to issue the following payment:
A lump sum of $107,145.01 in the form of a check payable to petitioner, Steve Lehrman. This amount represents compensation for all damages that would be available under § 300aa-15(a).
I adopt respondent's proffer attached hereto, and award compensation in the amount and on the terms set forth therein. 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 November 13, 2013, Steve Lehrman ("petitioner") filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C. §§ 300aa-1 et seq. ("Vaccine Act"). Petitioner alleged that he suffered from Guillain-Barre syndrome that was caused-in-fact by his receipt of the influenza vaccine on October 25, 2011. On February 24, 2014, respondent filed his Vaccine Rule 4(c) report, denying that entitlement to compensation was appropriate in this case. On March 19, 2018, the Special Master issued a ruling on entitlement, finding that petitioner was entitled to compensation.
II. Items of Compensation
Petitioner alleges entitlement to the following elements of compensation: past and future pain and suffering, past lost earnings, and past unreimbursed expenses. Respondent proffers that, based on the Special Master's entitlement decision and the evidence of record, petitioner should be awarded $107,145.01, consisting of $100,000.00 for past and future pain and suffering, $4,251.15 for past lost earnings, and $2,893.86 for past unreimbursed expenses.2 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 the compensation provided to petitioner be made through a lump sum payment of $107,145.01, via a check payable to petitioner.3 Petitioner agrees.