Filed: Nov. 06, 2019
Latest Update: Nov. 06, 2019
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 BRIAN H. CORCORAN , Chief Special Master . On November 2, 2018, 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") as a result of an influenza ("flu") vaccination administered on October 31, 2017. Petition at 1. The case was assigned to the Special Processing Unit of the Offic
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 BRIAN H. CORCORAN , Chief Special Master . On November 2, 2018, 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") as a result of an influenza ("flu") vaccination administered on October 31, 2017. Petition at 1. The case was assigned to the Special Processing Unit of the Office..
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UNPUBLISHED
DECISION AWARDING DAMAGES1
BRIAN H. CORCORAN, Chief Special Master.
On November 2, 2018, 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") as a result of an influenza ("flu") vaccination administered on October 31, 2017. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On September 24, 2019, a ruling on entitlement was issued, finding petitioner entitled to compensation for GBS. On November 5, 2019, respondent filed a proffer on award of compensation ("Proffer") indicating petitioner should be awarded $140,036.40 (consisting of $130,000.00 for pain and suffering and $10,036.40 for past loss of earnings). Proffer at 1-2. In the Proffer, respondent represented that petitioner agrees with the proffered award. Id. Based on the record as a whole, I find that petitioner is entitled to an award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, I award petitioner a lump sum payment of $140,036.40 (consisting of $130,000.00 for pain and suffering and $10,036.40 for past loss of earnings) in the form of a check payable to petitioner, Kelli S. Campbell. 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.
PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On November 2, 2018, Kellie S. Campbell ("petitioner") filed a petition seeking compensation ("Petition" or "Pet.") under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34, as amended ("Vaccine Act" or "Act"), for an injury petitioner allegedly sustained as a result of an influenza ("flu") vaccination administered on October 31, 2017. Petition at 1. Petitioner alleges that she suffered Guillain-Barré Syndrome ("GBS"), which is an injury listed on the Vaccine Injury Table ("Table") for the flu vaccine. Id. On September 24, 2019, respondent filed his Vaccine Rule 4(c) report, conceding a Table injury for GBS. On September 24, 2019, Special Master Dorsey issued a ruling on entitlement, finding that petitioner was entitled to compensation for GBS.
II. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded a lump sum of $140,036.40 for all damages, consisting of $130,000.00 for pain and suffering and $10,036.40 for past loss of earnings. 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 should be made through a lump sum payment of $140,036.40, in the form of a check payable to petitioner.2 Petitioner agrees.
Respectfully submitted,
JOSEPH H. HUNT
Assistant Attorney General
C. SALVATORE D'ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
GABRIELLE M. FIELDING
Assistant Director
Torts Branch, Civil Division
/s/Darryl R. Wishard
DARRYL R. WISHARD
Senior Trial Attorney
Torts Branch, Civil Division
U. S. Department of Justice
P.O. Box 146, Benjamin Franklin Station
Washington, D.C. 20044-0146
Direct dial: (202) 616-4357
Dated: November 5, 2019 Fax: (202) 616-4310