1 

# In the Unit **ed States Court of Federal Claims**

OFFICE OF SPECIAL MASTERS

Filed: February 24, 2021

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

JEREMY MORGAN

, *

*

Petitioner, * No. 1 9

- 1105 V

* Special Master Sanders

v. *

* Decision on Proffer ; Damages; Influenza

SECRETARY OF HEALTH * (“Flu”) Vaccine; Guillain

- Barr é

AND HUMAN SERVICES, * Syndrome (“GBS”)

*

Respondent. *

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

David J. Carney

, Green & Schafle

, LLC

, P hiladelphia

, PA , for Petitioner.

Dhairya D. J ani , United States Department of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES 1

On July 30, 2019

, Je remy M organ (“Petitioner”) filed a petition for compensation pursuant

to the National Vaccine Injury Compensation Program. 2 42 U.S.C. §§ 300aa

- 10 to

- 34 (2012).

Petitioner alleged that the influenza vaccine he received on November 2, 2018, caused h im to

develop Guillain

- Barré Syndrome (“GBS”)

. Pet. at 1, ECF No. 1. Petitioner further alleged that he

experienced the residual effects of h is injury for more than six months. Id. at 8.

On May 26, 2020 , Respondent filed a Rule 4(c) r eport, in which he stated that he would

not contest entitlement in this matter. ECF No. 13

. On June 15 , 20 20 , the undersigned issued a

Ruling on Entitlemen t consistent with Respondent’s Rule 4(c) r eport. ECF No. 14

.

On February 23 , 20 21 , Respondent filed a Proffer on Award of Compensation (“Proffer ” ).

ECF No. 26

. Based on the record as a whole, the undersigned finds that Petitioner is entitled to an

award as stated in the Proffer.

1 This D ecision shall be posted 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). In accordance with Va ccine Rule 18(b), a party has 14 days to identify

and move to delete medical or other information that satisfies the criteria in § 300aa

- 12(d)(4)(B). Further,

consistent with the rule requirement, a motion for redaction must include a proposed redacted D e cision. If,

upon review, the undersigned agrees that the identified material fits within the requirements of that

provision, such material will be deleted from public access.

2 National Childhood Vaccine Injury Act of 1986, Pub L. No. 99

- 660, 100 St at. 3755.2 Pursuant to the terms stated in the Proffer, attached as Appendix A, the undersigned hereby

awards Petitioner:

A. A lump sum payment of $ 149,574.44 , representing compensation for pain

and suffering ($ 149

, 5 00.00), and past unreimbursable expenses ($ 74 .4 4 ), in

the form of a check payable to [P]etitioner

.

Proffer at 1

– 2

.

In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of

court SHALL ENTER JUDGMENT herewith. 3

IT IS SO ORDERED.

s/ Herbrina D. Sanders

Herbrina D. Sanders

Special Master

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

renouncing the right to seek review.1 IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

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

JEREMEY MORGAN

, *

*

Petitioner, *

*

v. * No. 19

- 1105V (ECF)

* SPECIAL MASTER

* HERBRINA D. SANDERS

SECRETARY OF HEALTH *

AND HUMAN SERVICES

, *

*

Respondent. *

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

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

O n July 30, 2019, Jeremey Morgan (“petitioner”), filed a petition for compensation under

the National Childhood Vaccine Injury Act of 1986, as amended , 42 U.S.C. § 300aa

- 1 et seq.

(“Vaccine Act”). Petitioner alleges that he developed Guillain

- Barré syndrom e (GBS) as a result

of his administered influenza (“flu”) vaccination on November 2, 2018. Petition (“Pet.”) at 1

.

On May 26, 2020

, the Secretary of Health and Human Services (“ respondent ”) filed a Vaccine

Rule 4(c) report recommending that comp ensation be awarded. ECF No. 1 3

. Accordingly, on

June 15, 2020, the Special Master iss ued a Ruling on Entitlement find i ng petitioner entitled to

Vaccine Act compensation

. ECF No. 1 4

.

I. Items of Compensation

A. Pain and Suffering

Respondent proffers that petitioner should be awarded $ 149,5 00.00 in pain and suffering.

See 42 U.S.C. § 300aa

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

Evidence supplie d by petitioner documents that he incurred past unreimbursable expen ses

related to his vaccine

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

unreimbursable exp enses in the amount of $74.44

. See 42 U.S.C. § 300aa

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

Petitioner agrees.

These amounts represent all elements of compensa tion 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 required in this case.

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

lump sum payment as described be low and requests that the Special Master’s decision and the

Court’s judgment award the following 1 : a lump sum payment of $149,574.44

, in the form of a

check payable to petitioner.

III. Summary of Recommended Payments Following Judgment

Lump sum pay able to petitioner, Jeremey Morgan : $149,574.44

Respectfully submitted,

BRIAN M. BOYNTON

Acting Assistant Attorney General

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Divi sion

HEATHER L. PEARLMAN

Acting Deputy Director

Torts Branch, Civil Division

1 Should petitioner die prior to entry of judgment, the parties reserve 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 DARRYL R. WISHARD

Assistant Director

Torts Branch, Civil Division

/s/ DHAIRYA D. JANI

DHAIRYA D. JANI

Trial Attorney

U.S. Department of Justice

Torts Branch, Civil Division

P.O. Box 146

Benjamin Franklin Station

Washington, D.C. 20044

- 0146

Tel: (202) 616

- 4356

Email: Dhairya.Jani@usdoj.gov

Dated: February 23, 2021