# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 20

- 916 V

UNPUBLISHED

CHRISTOPHER DOUGHERTY

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: September 16, 2021

Special Processing Unit (SPU);

Damages Decision Based on Proffer;

Influenza (Flu) Vaccine; Guillain

Barre Syndrome (GBS)

Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC , for

Petitioner.

Matthew Murphy

, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES 1

On July 29, 2020

, Christopher Dougherty 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

- Barr é syndrome ( “ GBS ” ) as a

result of an influe nza ( “ flu ” ) vac cine administered to h im on October 20, 2017

. Petition at

1

. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On May 17, 2021

, a ruling on entitlement was issued , finding P etitioner entitled to

compensation for GBS . On September 15, 2021

, R espondent filed a p roffer on a ward of

compensation (“Proffer”) indicating P etitioner should be awarded $ 11 0,000.00

. Pro ffer at

1

. In the Proffer, R espondent represented that P etitioner agrees with the proffered award.

1 Because this unpublished D ecision contains a reasoned explanation for the action in this case, I am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 D ecision 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §

300aa (2012).2

Id. at 2. Based on the record as a whole, I find that P etitioner is entitled to an award as

stated in the Proffer.

Pursuant to the terms stated in the attached Proffer, I award P etitioner a lump

sum payment of $ 110,000.00 in the form of a check payable to P etitioner

. This

amount represents compensation for all damages that w ould be available under Section

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 can 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

___________________________________ )

CHRISTOPHER DOUGHERTY

, )

)

Petitioner, ) No. 2 0

- 9 16 V ECF

)

v. ) Chief Special Master Corcoran

)

SECRETARY OF HEALTH )

AND HUMAN SERVICES, )

)

Respondent. )

___________________________________ )

PROFFER ON AWARD OF COMPENSATION 1

I. Procedural History

On July 29, 2020, Christopher Dougherty (“petitioner”) filed a petition for compensation

under the National Childhood Vaccine Injury Act of 1986, as amended (“the Vaccine Act” or

“the Act”), 42 U.S.C. §§ 300aa

- 1 to

- 34. Petitioner alleged that he suffered Guillain

- Barré

Syndrome (“GBS”) as a result of an influenza (“flu”) vaccine administered to him on October

20, 2017. See Petition

. On May 7, 2021

, respondent filed his Vaccine Rule 4(c) report,

concluding that petitioner suffered GBS as defined by the Vaccine Injury Table

, within the Table

timeframe . On May 17 , 2021

, Chief Special Master Corcoran issued a ruling on entitlement,

finding that petitioner was en titled to compensation for a GBS Table injury

.

I I. Items of Compensation

Based upon the evidence of record, respondent proffers that petitioner should be awarded

a lump sum of $ 110,000 .00

. This amount represents all elements of compensation to which

1 This Proffer does not include attorneys’ fees and costs, which the parties intend to

address after the Damages Decision is issued.2

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

- 15(a). Petitioner agrees.

I II. Form of the Award

Respondent recommends that the compensation provided to petitioner should be made

through a lump sum payment , as described below, and requests that the Chief Special Master ’s

decision and the Court’s judgment award the following : A lump sum payment of $ 1 10,000 .00 in

the form of a check payable to petitioner

. 2 Petitioner agrees.

Respectfully submitted,

BRIAN M. BOYNTON

Acting Assistant Attorney General

C. SALVATORE D ’ALESSIO

Acting Director

Torts Branch, Civil Division

HEATHER L. PEARLMAN

Deputy Director Torts

Branch, Civil Division

TRACI R. PATTON

Assistant Director

Torts Branch, Civil Division

/s/ Matthew L. Murphy

by Joseph A. Lewis

MATTHEW L. MURPHY

Trial Atto rney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

Benjamin Franklin Station Washington, D.C.

20044

- 0146

(202) 616

- 4840

matthew.murphy@usdoj.gov

Dated: S eptember 1 5 2021

2 Should petitioner die prior to entry of judgment, respondent would oppose a ny award

for future medical expenses, future lost earnings, and future pain and suffering, and the parties

reserve the right to move the Court for appropriate relief.