# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 18

- 0611 V

Filed: September 24, 2019

UNPUBLISHED

ROBERT FUERSTENAU

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Special Processing Unit (SPU);

Damages Decision Based on Proffer;

Influenza (Flu) Vaccine; Guillain

Barre Syndrome (GBS)

Ryan Alan Yeary, Caminez & Year y, P.A., Monticello, FL , for petitioner.

Jennifer Leigh Reynaud , U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

Dorsey

, Chief Special Master:

On April 30, 2018

, petitioner 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

- Barré Syndrome (GBS) after receiving

the trivalent influenza vaccination on October 5, 2015 . Petit ion at 1, ¶ 2

. The case was

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

On July 29, 2019

, a ruling on entitlement was issued , finding petitioner entitled to

compensation for his GBS . On September 24, 2019 , respondent filed a p roffer on

a ward of compensation (“Proffer”) indicating petitioner should be awarded $ 203,350.79,

representing $200,000.00 in compensation for petitioner ’ s past and future pain and

1 The un dersigned intends 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 redact medical or other informat ion,

the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, the

undersigned agrees that the identified material fits within this definition, the undersigned will redact such

material from public access. Because this unpublished decision contains a reasoned explanation for the

action in this case, undersigned is 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) (Feder al

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 Act will be to the pertinent subpara graph of 42 U.S.C. §

300aa (2012 ).2

suffering 3 and $3,350.79 in compensa tion for petitioner ’ s past unreimbursable

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, the undersigned finds

that petitioner is entitled to an award as stated in the Proffer.

Pursuant to the terms stated in the attached Proffer, the undersigned award s

petitioner a lump sum payment of $ 203,350.79 , representing $200,000.00 in

compensation for petitioner’s actual a nd projected pain and suffering and

$3,350.79 in compensation for petitioner’s past unreimbursable expenses in the

form of a check payable to petitioner, Robert Fuerstenau

. This amount represents

compensation for all damages that w ould be available under § 15 (a)

.

The clerk of the court is directed to enter judgment in accordance with this

decision. 4

IT IS SO ORDERED.

s/Nora Beth Dorsey

Nora Beth Dorsey

Chief Special Master

3 Any amounts awarded for future pain and suffering have been reduced to net present value. See

§ 15 (a) (4) (requiring this reduc tion for amounts awarded for projected pain and suffering)

.

4 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 IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

ROBERT FUERSTENAU

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. No. 1 8

- 611 V

Chief Special Master Dorsey

ECF

PROFFER ON AWARD OF DAMAGES

On April 30, 2018, Robert Fuerstenau (“petitioner”) filed a petition for compensation

(“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa

- 1 to

-

34 (“Vaccine Act” or “Act”), as amended. Petitioner alleges that he suffered Guillain

- Barré

syndrome (“GBS”) a s a result of an influenza (“flu”) vaccine administered on October 5, 2015

.

Petition at Preamble

. Respondent conceded petitioner’s entitlement to compensation in his Rule

4(c) Report filed o n July 26, 2019

. Based on Respondent’s Rule 4(c) Report

, Chief Special

Master Dorsey found petitioner entitled to compensation.

I. Items of Compensation

A

. Pain and Suffering

Respondent proffers that petitioner should be awarded $200 ,0 00.00 in actual and

projected pain and suffering. This amount reflects t hat any award for projected pain and

suffering has been reduced to net present value. See 42 U.S.C. § 300aa

- 15(a)(4). Petitioner

agrees.2 B. Past Unreimbursable Expenses

Evidence supplied by petitioner documents his expenditure of past unreimbursable

expenses related to his vaccine

- related injury. Respondent proffers that petitioner should be

awarded past unreimbursable expenses in the amount of $ 3,350.79 . Petitioner agrees.

II. Form of the Award

Respondent recom mends that the compensation provided to petitioner should be made

through a lump sum payment of $ 203,350.79

, in the form of a check made payable to petitioner

. 1

This 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.

Respectfully submitted,

JOSEPH H. HUNT

Assistant Attorney General

C. SALVATORE D’ALE SSIO

Acting Director

Torts Branch, Civil Division

CATHARINE E. REEVES

Deputy Director

Torts Branch, Civil Division

GABRIELLE M. FIELDIN G

Assistant Director

Torts Branch, Civil Division

1 Should petitioner die prior to the 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

.3 s/ Jennifer L. Reynaud

JENNIFER L. REYNAUD

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) 305-1586

Date: September 2 4 , 2019