# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 1 9

- 0 641 V UNPUBLISHED

STEINAR LEE

,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: September 1, 2021

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

- Barr é syndrome (GBS).

Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA , for Petitioner.

Lynn Christina Schlie , U.S. Department of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES 1

On April 30, 2019

, Steinar Lee 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

- Barr é s yndrome (“GBS”) as a result of an influenza (“flu”) vaccine administered on November 2, 2017 . Petit ion at 1 . The case

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

On J une 23 , 2021, a ruling on entitlement was issued, finding Petitioner entitled to compensation for GBS . ECF No. 25

. On September 1 , 2021

, the parties filed the attached proffer

, which states that a decision should be entered awarding compensation. ECF No.

1 Because this unpublished opinion contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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

42. I find the prof fer reasonable and adopt it as my decision awarding damages, on the

terms set forth therein

.

Pursuant to the terms stated in the attached Proffer

, I award the following compensation:

• A lump sum of $ 328, 155.19 (which amount includes $162,000.00 for pain a nd suffering , $162,192.00 for actual loss of earnings, and $3,963.19 for ac tual unreimbursable ex penses )

. Proffer at 1.

Th is amount represent s compensation for all items of damages that would be available under Section 15(a). Id

.

T he 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 Va ccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice renouncing the right to seek review.IN THE UNITED STATES CO URT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS

STEINAR LEE,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. ) ) ) ) ) ) ) ) ) ) ) ) No. 19-641V Chief Special Master Corcoran

ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On June 12, 2020, respondent conceded that en titlement to compensation was appropriate

under the terms of the Vaccine Act. ECF N o. 24. On June 23, 2020, Chief Special Master

Corcoran issued a Ruling on Entitlement, findi ng that petitioner was entitled to vaccine

compensation for his Guillain-Barre Syndrome (“GBS”). ECF No. 25.

I. Items of Compensation

Based upon the evidence of record, respondent proffers that petiti oner should be awarded

$328,155.19. The award is comprised of the following: $162,000.00 for pain and suffering,

$162,192.00 for actual loss of earnings, and $3,963.19, for actual unreimbursable expenses. This

amount represents all elements of compensati on to which petitioner would be entitled under 42

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

II. Form of the Award

The parties recommend that compensation provi ded to petitioner should be made through

a lump sum payment of $328,155.19 , in the form of a check payable to petitioner. Petitioner

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

Respectfully submitted,

BRIAN M. BOYNTON Acting Assistant Attorney General

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

HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division

DARRYL R. WISHARD
Assistant Director Torts Branch, Civil Division

/s/ LYNN C. SCHLIE Lynn C. Schlie 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) 616-3667 Fax: (202) 616-4310

Dated: September 1, 2021