# In the United States Court of Federal Claims

OFFICE OF SPECIAL MA STERS

Filed: October 31, 2018

* * * * * * * * * * * * *

TIMOTHY WERNER BOOTHE

, * UNPUBLISHED

*

Petitioner, * No. 17

- 1 5 60 V

*

v. * Special Master Gowen

*

SECRETARY OF HEALTH * Decision on Damages; Table Injury;

AND HUMAN SERVICES, * Influenza Vaccine; Guillain

- Barré

* Syndrome (“GBS”).

Respondent. *

* * * * * * * * * * * * *

Robert Oushalem , San Jose, CA, for petitioner.

Linda S. Renzi

, United States Department of Justice, Washington, DC, for respondent.

DECISION ON DAMAGES 1

On October 19, 2017, Timothy Werner Boothe (“petitioner”) filed a petition for

compensation (“Petition”) under the National Vaccine Injury Compensation Program (“the

Program”)

. 2 Petitioner allege d that he suffered Guillain

- Barré Syndrome (GBS) as a result of

receiving an influenza (“flu”) vaccination on October 3, 2016. Petition at 1.

On Sept ember 1 4 , 2018, respondent filed his report in accordance with Vaccine Rule

4 (c) , in which respondent provides that petitioner ’ s claim was appropriate for compensation.

Respondent ( “ Resp. ” ) Report ( “ Rpt. ” ) at 1. On September 17, 2018, the undersigned issued a

ruling that petitioner is entitled to compensation. Ruling on Entitlement (ECF No. 24).

1 P ursuant to the E

- Government Act of 2002, see 44 U.S.C. § 3501 note (2012), b ecause this unpublished ruling

contains a reasoned explanation for the action in this case, I intend to post it on the website of the United

States Court of Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7.

Before the ruling is posted on the court’s website, each party has 14 days to file a motion requesting redaction “of any

information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is

privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would

constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). “An objecting party must provide the

court with a proposed redacted version” of the ruling. Id. If neither party files a motion for redaction within 14

days, the ruling will be posted on the court’s website without any changes. Id.

2 The Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa

- 10 et seq

. (hereinaft er “Vaccine Act” or “the Act”).2

On October 30, 2018, respondent filed a P roffer on an award of compensation, which

indicates petitioner’s agreement to compensation on the terms set forth therein. Proffer (ECF

No. 2 9 ). I have reviewed the P roffer and do award damages in accord with it. The Proffer is

incorporated herein and made a part hereof as Appendix A. Based on the record as a whole, I

find that petitioner is entitle d to an award as stated in the P roffer.

Consistent with the terms of the Proffer

, the undersigned awards the following in

compensation :

(A) A lump sum payment of $245, 852.11 (representing $36,326.97 for past and

future lost wages; $9,525. 1 4 for past unreimbursed expenses; an d $200,000.00

for past and future pain and suffering) in the form of a check payable to

petitioner, Timothy Werner Boothe.

This amount accounts for all elements of c ompensation under 42 U.S.C. § 300aa

- 15(a).

The Clerk of the Court is directed to ENTER JUDGMENT in accordance with this

decision. 3

IT IS SO ORDERED.

s/Thomas L. Gowen

Thomas L. Gowen

Special Master

3 Pursuant to Vaccine Rule 11(a), the entry of judgment is expedited by the parties jointly or separately filing notice

renoun cing their right to seek review.IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

____________________________________ )

TIMOTHY WERNER BOOTHE, )

)

Petitioner, )

) No. 17-1560V

v. ) Special Master

) Thomas L. Gowen

) ECF

SECRETARY OF HEALTH AND )

HUMAN SERVICES, )

)

Respondent. )

____________________________________)

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. C ompensation for Vaccine Injury

- Related Items

On September 17, 2018, the Special Master issued a Ruling on Entitlement finding

that petitioner is entitled to vaccine compensation. Respondent proffers based on the

evidence in the record that petitioner should be awarded $245,852.11

. This amount

represe nts all elements of compensation to which petitioner would be entitled under 42

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

II. Items of Compensation and Form of the Award

The parties recommend that the compensation provided to petitioner should be made

th rough lump sum payments as described be low, and request that the Special Master’s

decision and the Court’s judgment award the following: 1

1 Should petitioner die prior to entry of judgment, the parties reserve the right to move

the Court for appropriate relie f. In particular, respondent would oppose any award for

future medical expenses, future lost earnings, and future pain and suffering.A. Petitioner’s Damages

A lump sum payment of $245,852.11 (representing $36,326.97 for pas t

and future lost wages; $9,525.14 for past unreimbursed expenses; and

$200,000.00 for past and future pain and suffering), in the form of a check

payable to petitioner, Timothy Werner Boothe. This amount accounts for all

elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner

would be entitled.

B. Guardianship

P etitioner is a competent adult. Evidence of guardianship is not required in this

case.

III. Summary of Recomme nded Payments Following Judgment

A. Lump sum paid to petitioner $245,852.11

R espectfully submitted,

J OSEPH H. HUNT

Assistant Attorney General

C . SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division

C ATHARINE E. REEVES

Deputy Director

Torts Branch, Civil Division

GAB RIELLE M. F IELDING

Assistant Director

Torts Branch, Civil Divisions /Linda S. Renzi

LI NDA S. RENZI

Senior Trial Counsel

Torts Branch, Civil Division

U.S. Department of Justice

Ben Franklin Station, P.O. Box 146

Washington, D.C. 20044-0146

Tel.: (202) 616-4133

DAT E: October 30 , 2018