# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 20-0420V

UNPUBLISHED

MICHAEL POOLE,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: April 23, 2021

Special Processing Unit (SPU); Damages Decision Based on Proffer;Influenza (Flu) Vaccine; GuillainBarre Syndrome (GBS)

Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner.

Sarah Black Rifkin, U.S. Department of Ju stice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES 1

On April 13, 2020, Michael Poole fil ed a petition for compensation under the National Vaccine Injury Compensati on Program, 42 U.S.C. §300aa-10, et seq. 2 (the “Vaccine Act”). Petitioner alleges that he suffered Guillain-Barré syndrome (“GBS”) as a result of an influenza (“flu”) vaccine administer ed to him on October 4, 2017. Petition at 1. Petitioner further alleges that his injury la sted for more than six months. Petition at 3. The case was assigned to the Special Processi ng Unit of the Office of Special Masters.

On November 5, 2020, a ruling on entitle ment was issued, finding Petitioner entitled to compensation for GBS. On Apr il 22, 2021, Respondent filed a proffer on award of compensation (“Proffer”) indica ting Petitioner should be aw arded a total of $229,310.16 representing $225,000.00 in pain and suffering and $4,310.16 for past unreimbursable expenses. Proffer at 2. In the Proffer, Re spondent represented that Petitioner agrees with

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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 EGovernment Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). This means the decision will be availa ble 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 whic h would constitute an unwarranted invasion of privacy. If, upon review, I agree that the identified material fits with in this definition, I will r edact 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 the proffered award. Id. Based on the record as a whole, I find that Petitioner is entitled

to an award as stated in the Proffer.

Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $229,310.16 (represen ting $225,000 in pain and suffering and $4,310.16 for past unreimbursable expenses) in the form of a check payable to

Petitioner. This amount represents compensation fo r all damages that would be available under § 15(a).

The clerk of the court is directed to enter judgment in a ccordance 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 c an be expedited by the parties’ joint filing of notice renouncing the right to seek review.IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

___________________________________ )

MICHAEL POOLE

, ) ) Petitioner, ) No. 20

- 420 V (ECF) ) Chief Special Master Corcoran

v. ) )

SECRETARY OF HEALTH )
AND HUMAN SERVICES, ) ) Respondent. )

___________________________________ )

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On April 13, 2020

, Michael Poole (“petit ioner”) 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”) , alleging that he suffered Guillain

- Barré Syndrome (“GBS”) after receiving an

influenza va ccine on October 4, 2017

. Petition at 1 . On November 4, 2020 , the Secretary of

Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that this case is

appropriate for compensation under the terms of the Act for a GBS Table injury , and on

No vember 5, 2020

, the Chief Special Master issued a Ruling on Entitlement finding petitioner

entit led to compensation. ECF No. 16 ; ECF No. 17

.

I. Items of Compensation

A. Pain and Suffering

Respondent proffers that petitioner should be awarded $ 225 ,0 00.00 in pain and suffering

.

See 42 U.S.C. § 300aa

- 15(a)(4). Petitioner agrees.2 B. Past Unreimbursable Expenses

Evidence supplied by petitioner documents that he incurred past unreimbursable expenses

related to his vaccine

- related injury. Respondent proffers that petitioner should be awarded past

unreimbur sable expenses in the amount o f $ 4

, 310.16

. See 42 U.S.C. § 300aa

- 15(a)(1)(B).

Petitioner agrees.

These amounts represent all elements of compensation to which p etitioner 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 required in this case.

Respondent recommends that the compensation provided to petitioner should be made through a

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

the Court’s judgment award the following : a lump sum payment of $ 229,310.16 in the form of a

check payable to petitioner.

III. Summary of Recommended Payments Following Judgment

Lump sum p ayable to petitioner, Michael Poole : $ 229,310.16

Respectfully submitted,

BRIAN M. BOYNTON Acting Assistant Attorney General

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

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

DARRYL R. WISHARD

Assistant Director Torts Branch, Civil Division3 Sarah B. Rifkin

SARAH B. RIFKIN 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) 305

- 5997

Email: sarah.rifkin@usdoj.gov

D ATED : April 22, 2021