# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 18-1593V

Filed: October 15, 2019

UNPUBLISHED

TRAVIS REITTER,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Special Processing Unit (SPU);

Damages Decision Based on Proffer;

Influenza (Flu) Vaccine; GuillainBarre Syndrome (GBS)

Brenton Aaron Elswick, Maglio Christopher & Toale, PA, Seattle, WA, for petitioner.

Lara Ann Englund, U.S. D epartment of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

Corcoran , Chief Special Master:

On October 15, 2018, Travis Reitter (“pet itioner”) filed a petition for compensation under the National Vaccine Injury Com pensation Program, 42 U.S.C. §300aa-10, et

seq.

, 2 (the “Vaccine Act”). Petitioner alleges that he suffered Guillain-Barré syndrome (“GBS”) as a result of an in fluenza (“flu”) vaccine he received on October 8, 2016.
Petition at 1-2. The case was assigned to t he Special Processing Unit of the Office of
Special Masters.

On October 9, 2019, a ruling on entitlement was issued, finding petitioner entitled

to compensation. On October 15, 2019, respondent filed a proffer on award of

compensation (“Proffer”) i ndicating petitioner s hould be awarded $177,389.35,

consisting of pain and suffering and past unreim bursed expenses. Proffer at 1. In the

1 I intend to post this decision on the United States Court of Federal Claims' website. 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 redac t medical or other information, the disclosure of

which would constitute an unwarranted invasion of pr ivacy. If, upon review, I agree that the identified

material fits within this definiti on, I will redact such material from public access. Because this unpublished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).

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 Ac t will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).2 Proffer, respondent represent ed that petitioner agrees with the pro ffered award. Id.

Based on the record as a whole, I find that pe titioner is entitled to an award as stated in

the Proffer.

Pursuant to the terms stat ed in the attached Proffer, I award petitioner a lump sum payment of $177,389.35 (representing compensation for pain and suffering

and past unreimbursed expenses) in the form of a check payabl e to petitioner,

Travis Reitter. This amount represents compensati on 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.

s/Brian H. Corcoran

Brian H. Corcoran

Chief Special Master

3 Pursuant to Vaccine Rule 11(a), entry of judgment c an be expedited by the parties’ joint filing of notice

renouncing the right to seek review.IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

TRAVIS REITTER, )

)

Petitioner, )

)

v. ) No. 18

- 1593 V

) Chief Special Master Brian Corcoran

SECRETARY OF )

HEALTH AND HUMAN SERVICES, )

)

Respondent. )

)

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On October 8 , 2019 , respondent filed a Vaccine Rule 4(c) report concluding that

petitioner suffered Guillain

- Barre Syndrome within the Table timeframe following an influenza

vaccination, and conceding petitioner’s entitlement to compensation under the National

Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C. §§300aa

- 10 to

- 34. Accordingly,

on October 9 , 2019 , the Chief Special Master issued a Ruling on Entitlement.

I. Items of Compensation

Respondent proffers that petitioner should be awarded $177,389.35

, consisting of pain

and suffering and past unreimbursed expenses, which represents all elements of compensation to

which petitioner is entitled under 42 U.S.C. § 300aa

- 15(a). Petitioner agrees.

II. Form of the Award

Respondent recommends that the compensation provided to petitioner sho uld be made

through a lump sum pa yment of $177,389.35 in the form of a check payable to petitioner

. 1 This

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 medical

expenses, future pain and suffering, and future lost wages.2 lump sum payment represents all elements of compensation to which petitioner is entitled under

42 U.S.C. § 300aa

- 15(a). Petitioner agrees.

Petitioner is a competent adult. Evidence of guardianship is not required in this case.

Respe ctfully submitted,

JOSEPH H. HUNT

Assistant Attorney General

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division

CATHARINE E. REEVES

Deputy Dir ector

Torts Branch, Civil Division

ALEXIS B. BABCOCK

Assistant Director

Torts Branch, Civil Division

s/ LARA A. ENGLUND

LARA A. ENGLUND

Senior Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146 Benjamin Franklin Station

Washington D.C. 20044

- 0146

Tel: (202) 307

- 3013

E

- mail: lara.a.englund@usdoj.gov

Dated: October 15, 2019