# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 18

- 0922 V

UNPUBLISHED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; Guillain

Barre Syndrome (GBS)

Renee J. Gen try

, Vaccine Injury Cl

inic, George Washington University La w School

, Washington, DC

, for P etitioner.

Lara Ann Englund

, U.S. Department of Justice, Washington, DC, for R espondent.

DECISION AWARDING DAMAGES 1

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 Guil lain

- Barr é syndrome ( “ GBS ” )

as a result of an influenza ( “ flu ” ) va ccination administ ered 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 P etitioner entitled

to compensation for GBS . On November 18, 2020

, R espondent filed a p roffer on a ward

of compensation (“Proffer”) indicating P etitioner 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1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am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 E

Government 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 medi cal expenses

. Proffer at 1

- 2

. In the

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

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 $ 683,398.81, comprised of $195,000.00 for pa in and suffering,

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

medical e xp enses, in the form of a check payable to P etitioner

. 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. 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 fil ing 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

- 922 V

) 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 $ 1 95 ,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 petit ioner should be made

through a lump sum pa yment 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.

Respe ctfully submitted,

JEFFREY BOSSERT CLARK

Acting Assistant Attorney General

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Divis ion

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 1 8 , 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.