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  5. Sanders v. Secretary of Health and Human Services, 18-1529V. (2020)

Sanders v. Secretary of Health and Human Services, 18-1529V. (2020)

Court: United States Court of Federal Claims Number: infdco20200310b32 Visitors: 3
Filed: Feb. 06, 2020
Latest Update: Feb. 06, 2020
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 BRIAN H. CORCORAN , Chief Special Master . On October 3, 2018, Anthony Sanders 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 suffers from Guillain-Barr Syndrome (GBS) as a result of an influenza ("flu") vaccine that was administered on October 20, 2015. Petition at 1. The case was assigned to the Special Processing Unit of
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UNPUBLISHED

DECISION AWARDING DAMAGES1

On October 3, 2018, Anthony Sanders 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 suffers from Guillain-Barré Syndrome (GBS) as a result of an influenza ("flu") vaccine that was administered on October 20, 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 February 5, 2020, Respondent filed a proffer on award of compensation ("Proffer") indicating Petitioner should be awarded $132,500.00, representing compensation for his past and future pain and suffering. 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 $132,500.00, representing compensation for Petitioner's actual and projected pain and suffering 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.

Special Processing Unit (SPU); Damages Decision Based on Proffer; Influenza (Flu) Vaccine; Guillain-Barre Syndrome (GBS).

IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS

ANTHONYSANDERS, Petitioner, No. 18-1529V v. Chief Special Master Corcoran ECF SECRETARY OF HEALTH AND HUMANSERVICES, Respondent.

RESPONDENT'S PROFFER ON AWARD OF COMPENSATION

I. Items of Compensation

On November 18, 2019, respondent conceded that entitlement to compensation was appropriate under the terms of the Vaccine Act. ECF No. 30. Thereafter, on January 21, 2020, Chief Special Master Corcoran issued a Ruling on Entitlement, finding that petitioner was entitled to vaccine compensation for his Guillain-Barre Syndrome (GBS). ECF No. 32. Based upon the evidence of record, respondent proffers that petitioner should be awarded $132,500.00, comprised entirely of past and future pain and suffering. 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 compensation provided to petitioner should be made through a lump sum payment of $132,500.00, 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.

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 HEATHER L. PEARLMAN Assistant Director Torts Branch, Civil Division s/ Claudia B. Gangi CLAUDIA B. GANGI Senior Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Telephone: (202) 616-4138 Dated: February 5, 2020

FootNotes


1. Because this unpublished decision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). This means the decision will be available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will redact such material from public access.
2. National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all "§" references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012).
3. Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties' joint filing of notice renouncing the right to seek review.
1. Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court for appropriate relief. In particular, respondent would oppose any award for future pain and suffering.
Source:  Leagle
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Citations
18-1529V.
Counsels
  • Michael Andrew London
  • Claudia Barnes Gangi
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