Filed: Dec. 07, 2018
Latest Update: Dec. 07, 2018
Summary: Unpublished DECISION AWARDING DAMAGES 1 KATHERINE E. OLER , Special Master . On June 21, 2017, Timothy McClusky ("Petitioner"), filed a petition seeking compensation under the National Vaccine Injury Compensation Program. 2 Petitioner alleged that he developed Guillain-Barr syndrome ("GBS") as a result of an influenza ("flu") vaccine that he received on August 23, 2016. See Petition ("Pet.") at 1, ECF No. 1. In his Rule 4(c) Report, filed on May 11, 2018, Respondent recommended that
Summary: Unpublished DECISION AWARDING DAMAGES 1 KATHERINE E. OLER , Special Master . On June 21, 2017, Timothy McClusky ("Petitioner"), filed a petition seeking compensation under the National Vaccine Injury Compensation Program. 2 Petitioner alleged that he developed Guillain-Barr syndrome ("GBS") as a result of an influenza ("flu") vaccine that he received on August 23, 2016. See Petition ("Pet.") at 1, ECF No. 1. In his Rule 4(c) Report, filed on May 11, 2018, Respondent recommended that ..
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Unpublished
DECISION AWARDING DAMAGES1
KATHERINE E. OLER, Special Master.
On June 21, 2017, Timothy McClusky ("Petitioner"), filed a petition seeking compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleged that he developed Guillain-Barré syndrome ("GBS") as a result of an influenza ("flu") vaccine that he received on August 23, 2016. See Petition ("Pet.") at 1, ECF No. 1.
In his Rule 4(c) Report, filed on May 11, 2018, Respondent recommended that compensation be awarded in this case. See Rule 4(c) Report at 1, ECF No. 25. Specifically, Respondent stated that Petitioner's GBS is "consistent with the Vaccine Injury Table for GBS following the seasonal flu vaccination, and that it was caused-in-fact by the flu vaccine he received on August 23, 2016."3 Id. at 4. Respondent further stated that Petitioner "has met the statutory requirements for entitlement to compensation" (id. at 4-5 (citing 42 U.S.C. § 300aa-13(a)(1)(B); 42 U.S.C. § 300aa-11(c)(1)(D)), thus concluding that Petitioner has "satisfied all legal prerequisites for compensation under the Act" (id. at 5). I subsequently issued a ruling on entitlement on May 17, 2018. ECF No. 26.
On November 29, 2018, Respondent filed a proffer that was mutually agreed-upon with Petitioner, proposing an award of compensation. ECF No. 39. I have reviewed the file, and, based upon that review, I conclude that 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:
• A lump sum payment of $204,518.52, in the form of a check payable to Petitioner, Timothy McClusky.
ECF No. 39 at 1-2. This amount represents 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.4
IT IS SO ORDERED.
RESPONDENT'S PROFFER ON AWARD OF COMPENSATION
On June 21, 2017, Timothy McClusky ("petitioner") filed a petition for vaccine injury compensation alleging that he suffered Guillain-Barre Syndrome ("GBS") as result of a flu vaccine administered on August 23, 2016. On May 11, 2018, respondent conceded that entitlement to compensation was appropriate under the terms of the Vaccine Act. On May 17, 2018, Special Master Oler issued a Ruling on Entitlement finding that petitioner was entitled to compensation. The case is now in damages.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded $204,518.52, consisting of pain and suffering ($150,000.00), lost earnings ($50,871.15); and past unreimbursed expenses ($3,647.37), which 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
Respondent recommends that the compensation provided to petitioner be made through a lump sum payment of $204,518.52 in the form of a check payable to petitioner.1 Petitioner agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
