# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 18

- 0 693 V Filed: September 27, 2019 UNPUBLISHED

FLINT ALLEN

,
Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. Special Processing Unit (SPU); Damages Decision Based on Proffer; Influenza (Flu) Vaccine; Guillain

Barre Syndrome (GBS)

Ronald Craig Homer, Conway, Homer, P.C., Boston, MA , for petitioner. Julia Marter Collison , U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

Dorsey

, Chief Special Master:

On May 16, 2018

, petitioner 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

- Barré Syndrome (“GBS”) after receiving the influenza vaccination on October 21, 2016 . Petit ion at 1

. T he case was assigned to the Special Processing Unit of the Office of Special Masters.

On April 25, 2019

, a ruling on entitlement was issued , finding petitioner entitled to compensation for h is GBS . On September 27, 2019 , respondent filed a p roffer on

a ward of compensation (“Proffer”) indicating petitioner should be awarded $ 93, 7 00.19, representing $92,500.00 in compensation for petitioner’s past and future pain and

1 The un dersigned intends to post this decision on the United States Court of Federal Claims' website. This means the decision 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 invas ion of privacy. If, upon review, the undersigned agrees that the identified material fits within this definition, the undersigned will redact such material from public access. Because this unpublished decision contains a reasoned explanation for the actio n in this case, undersigned is required to post it on the United States Court of Federal Claims' website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)

.

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

- 660, 100 Stat. 3755

.2

suffering 3 and $1,200.19 in compensation for petitioner’s past unreimbursable
expenses . Proffer at 1

- 2

. In the Proffer, respondent represented that petitioner agrees with the proffered award. Id. Based on the record as a whole, the undersigned finds that petitioner is entitled to an award as stated in the Proffer.

Pursuant to the terms stated in the attached Proffer, the undersigned awards petitioner a lump sum payment of $ 93,700

. 1 9 , representing $ 9 2 ,5 00.00 in compensation for p etitioner’s actual and projected pain and suffering and $ 1,200.19 in compensation for petitioner’s past unreimbursable expenses in the form of a check payable to petitioner, Flint Allen

. This amount represents compensation for all damages that w ould be available under § 15(a)

. The clerk of the court is directed to enter judgment in accordance with this decision. 4

IT IS SO ORDERED.

s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master

3 Any amounts awarded for future pain and suffering have been reduced to net present value. See § 15(a)(4) (requiring this reduction for amounts awarded for proj ected pain and suffering).

4 Pursuant to Vaccine 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 COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS

FLINT ALLEN,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. No. 18-693V Chief Special Master Dorsey ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On May 16, 2018, Flint Allen (“petiti oner”) filed a petition f or compensation under the

National Childhood Vaccine I njury Act of 1986, 42 U.S.C. §§ 300 aa-1 to -34 (“Vaccine Act” or

“Act”), alleging that he suffered Guillain-Barré Syndrome (“GBS ”) as a result of an influenza

(“flu”) vaccine administere d to him on October 21, 2016. On Ap ril 25, 2019, the Secretary of

Health and Human Services (“respo ndent”) filed a Rule 4(c) Repo rt indicating th at petitioner’s

GBS case is appropriate for compensation under the terms of the Act, and on April 25, 2019, the

Special Master issued a Ruling on Entitlement finding petitione r entitled to compensation.

I. Items of Compensation

A. Pain and Suffering

Respondent proffers that Flint Allen should be awarded $92,500. 00 in actual and

projected pain and suffering. This amount reflects that the aw ard for projected pain and

suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner

agrees.2 B. Past Unreimbursable Expenses

Evidence supplied by petitioner docu ments Flint Allen’s expendi ture of past

unreimbursable expenses as a result of his vaccine injury. Res pondent proffers that petitioner

should be awarded past unreimbur sable expenses in the amount of $1,200.19, as provided under

the Vaccine Act, 42 U.S.C. § 300aa-15(a)(1)(B). Petitioner agr ees.

II. Form of the Award

Petitioner is a competent adult . Evidence of guardianship is n ot required in this case.

Respondent recommends that the co mpensation provided to Flint A llen should be made through

a lump sum payment as described below and requests that the Spe cial Master’s decision and the

Court’s judgment award the following 1 : a lump sum payment of $93,700.19, representing

compensation for pain and suffering ($92,500.00), and past unre imbursable expenses

($1,200.19), in the form of a chec k payable to petitioner, Flin t Allen.

III. Summary of Recommended Payments Following Judgment

Lump sum payable to petitioner, Flint Allen: $93,700.19

Respectfully submitted,

JOSEPH H. HUNT Assistant Attorney General

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

CATHARINE E. REEVES Deputy Director Torts Branch, Civil Division

1 Should petitioner die prior to e ntry of judgment, the parties reserve the right to move the Court for appropriate relief. I n particular, respondent would oppose any award for future lost earnings and future pain and suffering.3 ALEXIS B. BABCOCK Assistant Director Torts Branch, Civil Division

/s/ Julia M. Collison JULIA M. COLLISON Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Ben Franklin Station Washington, DC 20044-0146 Tel: (202) 305-0102

Dated: September 27, 2019