In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 18-0693V

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UNPUBLISHED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; GuillainBarre 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 DAMAGES1

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. Petition at 1. The 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 his GBS. On September 27, 2019, respondent filed a proffer on 

award of compensation (“Proffer”) indicating petitioner should be awarded $93,700.19, 

representing $92,500.00 in compensation for petitioner’s past and future pain and 

 

1 The undersigned 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 invasion 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 Because this unpublished decision contains a reasoned explanation for the 

action 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

suffering3 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 $93,700.19, representing $92,500.00 in 

compensation for petitioner’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 would 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 projected 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 (“petitioner”) 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”) as a result of an influenza 

(“flu”) vaccine administered to him on October 21, 2016. On April 25, 2019, the Secretary of 

Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that 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 petitioner 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 award 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 documents Flint Allen’s expenditure of past 

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

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

the Vaccine Act, 42 U.S.C. § 300aa-15(a)(1)(B). 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 Flint Allen should be made through 

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

Court’s judgment award the following1: a lump sum payment of $93,700.19, representing 

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

($1,200.19), in the form of a check payable to petitioner, Flint 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 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 

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