In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 18-0922V

UNPUBLISHED

KEVIN DELAPAZ,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: November 19, 2020

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Influenza (Flu) Vaccine; GuillainBarre Syndrome (GBS)

Renee J. Gentry, Vaccine Injury Clinic, George Washington University Law School, 

Washington, DC, for Petitioner.

Lara Ann Englund, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES1

On June 27, 2018, Kevin Delapaz 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 from Guillain-Barré syndrome (“GBS”)

as a result of an influenza (“flu”) vaccination administered on January 20, 2014. Petition 

at 1. The case was assigned to the Special Processing Unit of the Office of Special 

Masters.

On March 27, 2020, a ruling on entitlement was issued, finding Petitioner entitled 

to compensation for GBS. On November 18, 2020, Respondent filed a proffer on award 

of compensation (“Proffer”) indicating Petitioner should be awarded $683,398.81, 

comprised of $195,000.00 for pain and suffering, $485,941.00 for past and future lost 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am 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 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).
2

wages, and $2,457.81 for past, unreimbursable medical expenses. Proffer at 1-2. 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 $683,398.81, comprised of $195,000.00 for pain and suffering, 

$485,941.00 for past and future lost wages, and $2,457.81 for past, unreimbursable 

medical 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.

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

KEVIN DELAPAZ, )

)

Petitioner, )

)

v. ) No. 18-922V

) Chief Special Master Brian Corcoran

SECRETARY OF )

HEALTH AND HUMAN SERVICES, )

)

Respondent. )

 )

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On March 26 2020, respondent filed a Vaccine Rule 4(c) report concluding that petitioner 

suffered Guillain-Barre Syndrome within the Table timeframe following an influenza 

vaccination, which was compensable under the National Childhood Vaccine Injury Act of 1986, 

as amended, 42 U.S.C. §§ 300aa-10 to -34. Accordingly, on March 27, 2020, the Chief Special 

Master issued a Ruling on Entitlement. 

I. Items of Compensation 

Respondent proffers that petitioner should be awarded $195,000.00 for pain and 

suffering, $485,941.00 for past and future lost wages, and $2,457.81 for past, unreimburseable 

medical expenses. These amounts represent all elements of compensation to which petitioner is

entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
2

II. Form of the Award

Respondent recommends that the compensation provided to petitioner should be made 

through a lump sum payment of $683,398.81 in the form of a check payable to petitioner.

1

 This 

lump sum payment represents all elements of compensation to which petitioner would be 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.

Respectfully submitted,

JEFFREY 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

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: November 18, 2020

 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.