# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 20

- 0428 V UNPUBLISHED

TIMOTHY BROPHY

,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: January 8, 2021

Special Processing Unit (SPU); Damages Decision Based on Proffer; Influenza (Flu) Vaccine; Guillain

Barre Syndrome (GBS)

Jessica E. Choper, Britcher Leone, L.L.C., Glen Rock, NJ , for petitioner.

Sarah Christina Duncan , U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

On April 14, 2020

, Timothy Brophy 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 that he suffered Guillain Barre Syndrome (“GBS”) as a result of an influenza (“flu”) vacc ine received on October 17, 2018 . Petit ion at 1 . The

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

On December 15, 2020

, a ruling on entitlement was issued , finding P etitioner entitled to compensation for GBS . On January 8, 2021

, R espondent filed a p ro ffer on

a ward of compensation (“Proffer”) indicating P etitioner should be awarded $ 95,545.83

. Proffer at 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.

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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 subpara graph of 42 U.S.C. § 300aa (2012 ).2

Pursuant to the terms stated in the attached Proffer, I award P etitioner a lump sum payment of $ 95,545.83 (re presenting $90,000.00 for pain an d suffering and $5,5 45.83 for past lost earnings) 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 CO URT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS

TIMOTHY BROPHY,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. ) ) ) ) ) ) ) ) ) ) ) ) No. 20-428V Chief Special Master Corcoran
ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On April 14, 2020, Timothy Brophy (“petitioner” ) filed a petition for compensation under

the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act”

or “Act”), as amended. Petitione r alleges that he suffered Guill ain-Barré syndrome (“GBS”) as a

result of an influenza (“flu”) vaccin e administered to him on October 17, 2018. 1 Petition at 1.

On July 22, 2020, petitioner amended his petition to correct the vaccination date to September

17, 2018. Amended Petition at 1. On December 14, 2020, the Secretary of Health and Human

Services (“respondent”) filed a Rule 4(c) Report recommending that compensation be awarded,

and the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to

compensation on December 15, 2020. ECF No. 26; ECF No. 27.

1 The petition alternately referred to the vacci nation date as October 17, 2018, and September 17, 2018. Petition at 1, 2.2 I. Items of Compensation

A. Pain and Suffering

Respondent proffers that petitioner should be awarded $90,000.00 in actual and projected

pain and suffering. This amount reflects that the award for projected pain and suffering has been

reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4 ). Petitioner agrees.

B. Lost Earnings

The parties agree that based upon the eviden ce of record, petitioner has suffered actual

loss of earnings. Therefore, respondent proffers that petitioner should be awarded actual lost

earnings as provided under the Vaccine Act, 42 U.S.C. § 30 0aa-15(a)(3)(A). Respondent

proffers that the appropriate award for petitione r’s lost earnings is $5,545.83. Petitioner agrees.

These amounts represent all elements of co mpensation to which petitioner is entitled

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

II. Form of the Award

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

Respondent recommends that the compensation pr ovided to petitioner sh ould be made through a

lump sum payment as described below and request s that the Chief Special Master’s decision and

the Court’s judgment award the following 2 : a lump sum payment of $95,545.83, representing

compensation for pain and suffering ($90,000.00) a nd past lost earnings ($5,545.83), in the form

of a check payable to petitioner, Timothy Brophy.

2 Should petitioner die prior to entry of judgment, the parties rese rve the right to move the Court for appropriate relief. In particular, respondent would oppose any award for future lost earnings and future pain and suffering.3 III. Summary of Recommended Payments Following Judgment

Lump sum payable to petitioner, Timothy Brophy: $95,545.83

Respectfully submitted,

JEFFREY BOSSERT CLARK Acting Assistant Attorney General

C. SALVATORE D’ALESSIO Acting Director Torts Branch, Civil Division

HEATHER L. PEARLMAN Acting Deputy Director Torts Branch, Civil Division

s/ Sarah C. Duncan
SARAH C. DUNCAN 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) 514-9729 Fax: (202) 616-4310 DATED: January 8, 2021