# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 19-1629V

UNPUBLISHED

JAMES COWARD,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: December 21, 2020

Special Processing Unit (SPU);

Damages Decision Based on Proffer;

Tetanus Diphtheria acellular

Pertussis (Tdap) Vaccine; Influenza

(Flu) Vaccine; Guillain-Barre

Syndrome (GBS)

Simina Vourlis, Law Offices, Co lumbus OH, for Petitioner.

Linda Sara Renzi, U.S. Department of Ju stice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES 1

On October 21, 2019, James Coward fil ed a petition for compensation under the

National Vaccine Injury Compensati on 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”) and tetanus-dip htheria acellular pertussis (“Tdap”) vaccines

administered to him on October 3, 2017. Peti tion at 1. Petitioner further alleges he

suffered his vaccine related inju ry for more than six months. Petition at 7. The case was

assigned to the Special Processing Unit of the Office of Special Masters.

On September 15, 2020, a ruling on entitle ment was issued, finding Petitioner

entitled to compensation for G BS. On December 18, 2020, Re spondent filed a proffer on

award of compensation (“Proffer”) indicating Petitioner should be awarded a total of

$139,665.54, consisting of $135,000.00 in pain and suffering and $4,665.54 in past

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am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 EGovernment Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic

Government Services). This means the decision will be availa ble 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 whic h would constitute an unwarranted invasion of privacy.

If, upon review, I agree that the identified material fits with in this definition, I will r edact 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).2 unreimbursed expenses. Proffer at 1. In the Proffer, Respond ent 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 $ 139,665.54, consisting of $135,000. 00 in pain and suffering and

$4,665.54 in past unreimbursed expenses in the form of a check payable to

Petitioner. This amount represents compensation fo r all damages that would be available

under § 15(a).

The clerk of the court is directed to enter judgment in a ccordance 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

JAMES COWARD

, )

)

Petitioner, ) No. 19

- 1629 V

) Chief Special Master

v. ) Brian H. Corcoran

) ECF

SECRETARY OF HEALTH )

AND HUMAN SERVICES, )

)

Respondent. )

)

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Compensation for Vaccine Injury

- Related Items

On September 14, 2020 , the Secretary of Health and Human Ser vices

(“respondent”) filed his Rule 4(c) Report conceding that petitioner suffered the Table

injury of GBS following a flu vaccine within the Table time period, and is entitled to

compensation. O n September 15, 2020 , the C ourt issued a Ruling on Entitleme nt finding

petitioner entitled to compensation. ECF 29 ; EC F 30. Respondent proffers that based on

the evidence of record, petition er should be awarded $ 1 39

, 665.54 consisting of

$135,000 .00 in pain and suffering and $ 4,665.54 in past unreimbursed expenses

. This

amount represents all elements of compensation to which petitioner is entitled under 42

U.S.C. § 300aa

- 15(a)(1); 15(a)(3)(A); and 15(a)(4). 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 Chief Special

Master’s decision and the Court’s judgment award the following: 1

A lump sum payment of $1 39,665.54 , in the form of a ch eck payabl e to

petitioner, Ja mes Coward

. This amount accounts for all elements of

compensation under 42 U.S.C. § 300aa

- 15(a) to which petitioner is

entitled.

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

Respectfully submitted,

JE FFERY BOSSERT CLARK

Acting Assistant Attorney General

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division

CATHARINE E. REEVES

Deputy Director

Torts Branch, Civil Division

DARRYL R. WISHARD

Assistant Director

Torts Branch, Civil Division

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 lost earnings, and future pain and suffering./s/ Linda S. Renzi

LINDA S. RENZI

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

- 4133

Dated: December 18, 2020