# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

Filed: May 6, 2022

* * * * * * * * * * * * * UNPUBLISHED

THOMAS CREELY, *

* No. 18

- 1434V

Petitioner, *

v. * Special Master Gowen

*

SECRETARY OF HEALTH * Decision on Damages; Influenza

AND HUMAN SERVICES, * (“Flu”) Vaccine; Guillain

- Barre

* Syndrome (“GBS”).

Respondent. *

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

Renee Ja Gentry, The Law Office of Renee J. Gentry, Washington, DC, for petitioner.

Tyler King, U.S. Department of Justice, Washington, D.C., for respondent.

DECISION ON DAMAGES 1

On September 20, 2018, Thomas Creely (“petitioner”) filed a petitioner for compensation

in the National Vaccine Injury Compensation Program. 2 Petition (ECF No. 1). Petitioner alleged

that he suffered from Guillain

- Barre Syndrome (“GBS”) as a result of receiving an influenza

(“flu”) vaccination on February 2, 2017. Id. at Pream ble. On November 21, 2019, respondent

filed his Rule 4(c) report in which he conceded that Petitioner is entitled to compensation. (ECF

No. 31). On November 25, 2019, a Ruling on Entitlement was issued, finding that petitioner had

established that he suff ered a Table GBS and was entitled to compensation. See Creely v. Sec'y of

Health & Hum. Servs., No. 18

- 1434V, 2019 WL 7482161, at *1 (Fed. Cl. Nov. 25, 2019) (ECF

No. 32). The case entered the damages phase the same day. (ECF No. 33).

1 P ursuant to the E

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

reasoned explanation for the action in this case, I am required 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

. This means the

opinion will be available to a nyone with access to the Internet. Before the decision 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

decision.” Id. If neither party files a motion for redaction within 14 days, the opinion will be posted on the

court’s website without any changes. Id.

2 The Nat ional Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury

Act of 1986, Pub. L. No. 99

- 660, 100 Stat. 3755, codified as amended 42 U.S.C. §§ 300aa

- 10 to 34 (2012)

(hereinafter “Vaccine Act” or “the Act”). Her einafter, individual section references will be to 42 U.S.C. § 300aa of

the Act.2 The case was in the damages phase for over two years, and on March 18, 2022, petitioner

filed a status report indicating that Mr. Creely was unable to participate in a damages hearing and

instead requested a briefing schedule on the determination of pain and suffering , as the parties

had come to an agreement on a life care plan . Status Report, March 18, 2022 (ECF No. 90).

Petitioner filed a memorandum the same day, and respondent submitted his res ponse on April 4,

2022. (ECF Nos. 91, 93). On April 27, 2022, I issued a R uling on D amages

, finding that

petitioner should receive an award for past pain and suffering in the amount of $250,000.00, and

ordered respondent to file a proffer consistent with t he ruling, along with the other agreed upon

terms from the life care plan. Ruling on Damages (ECF No. 94).

On May 5 , 2022, respondent filed a Proffer on an award of compensation, which

indicates petitioner’s agreement to compensation on the terms set f orth therein. Proffer (ECF No.

97). I have reviewed the Proffer and do award damages in accord with it. The Proffer is

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

find that petitioner is entitled to an awa rd as stated in the Proffer.

Consistent with the terms of the Proffer, the undersigned awards the following in

compensation:

(A) A lump sum payment of $ 329,316.56 ($ 2 50,000.00 representing compensation for

past pain and suffering and $ 79,316.56 represent ing compensation for year one (1)

of life care plan expenses ) in the form of a check payable to petitioner, Thomas

Creely;

(B) An amount sufficient to purchase the annuity contract described in section I I.B. of

the proffer.

This amount accounts for all elements of compensation 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 Entry of judgment is expedited by each party’s filing notice renouncing the right to seek review. Vaccine Rule

11(a).