Filed: Jan. 13, 2020
Latest Update: Jan. 13, 2020
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 BRIAN H. CORCORAN , Chief Special Master . On December 20, 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 he suffered Guillain-Barre Syndrome ("GBS") as a result of an influenza ("flu") vaccination administered to him on January 6, 2015. Petition at 1. The case was assigned to the Special Processing Unit of the
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 BRIAN H. CORCORAN , Chief Special Master . On December 20, 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 he suffered Guillain-Barre Syndrome ("GBS") as a result of an influenza ("flu") vaccination administered to him on January 6, 2015. Petition at 1. The case was assigned to the Special Processing Unit of the ..
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UNPUBLISHED
DECISION AWARDING DAMAGES1
BRIAN H. CORCORAN, Chief Special Master.
On December 20, 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 he suffered Guillain-Barre Syndrome ("GBS") as a result of an influenza ("flu") vaccination administered to him on January 6, 2015. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On January 21, 2020, a ruling on entitlement was issued, finding Petitioner entitled to compensation for his GBS. On December 31, 2019, Respondent filed a proffer on award of compensation ("Proffer") indicating Petitioner should be awarded $225,592.77, representing $3,012.64 for Petitioner's projected life care expenses, $215,289.26 for Petitioner's actual and projected pain and suffering, and $7,290.87 for Petitioner's past unreimbursable expenses. Proffer at 1. 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 $225,592.77, representing $3,012.64 for Petitioner's projected life care expenses, $215,289.26 for Petitioner's actual and projected pain and suffering, and $7,290.87 for Petitioner's actual unreimbursable expenses in the form of a check payable to Petitioner. 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
I. Compensation for Vaccine-Related Items:
On March 21, 2019, respondent conceded that entitlement to compensation was appropriate under the terms of the Vaccine Act. On March 21, 2019, the Court issued a Ruling on Entitlement, finding that petitioner was entitled to vaccine compensation for his Guillain-Barré Syndrome ("GBS"). Respondent proffers that, based on the evidence of record, petitioner, Ralph M. Pavelka, should be awarded $225,592.77, which amount represents $3,012.64 in compensation for projected life care expenses, $215,289.26 in actual and projected pain and suffering, and $7,290.87 for past unreimbursable expenses.1 This amount 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
The parties recommend that the compensation provided to petitioner should be made through a lump sum payment as described below, and request that the Special Master's decision and the Court's judgment award the following:2
A. A lump sum payment of $225,592.77 in the form of a check payable to petitioner, Ralph M. Pavelka. This amount accounts for all elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner would be entitled.
Respectfullysubmitted,
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
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
/s/Glenn A. MacLeod
GLENN A. MACLEOD
Senior Trial Counsel
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 616-4122
Dated: