# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 18-1267V

Filed: October 31, 2019

UNPUBLISHED

RYAN BRONSON,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Special Processing Unit (SPU);

Damages Decision Based on Proffer;

Influenza (Flu) Vaccine; GuillainBarre Syndrome (GBS)

Tonya Anne Oliver, Bichler, Oliv er, Longo & Fox PLLC, for petitioner.

Lisa Ann Watts, U.S. Department of Ju stice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

Corcoran , Chief Special Master:

On August 22, 2018, Ryan Bronson filed a petition for compensation under the

National Vaccine Injury Compensat ion Program, 42 U.S.C. §300aa-10, et seq.

, 2 (the

“Vaccine Act”). Petitioner alleges that he developed Guillain-Barré syndrome (“GBS”)

as a result of an influenza (“flu”) vaccine he received on October 15, 2015. Petition at

¶¶1-21. The case was assigned to the Specia l Processing Unit of the Office of Special

Masters.

On July 12, 2019, a ruling on entitlement wa s issued, finding petitioner entitled to

compensation for GBS. On October 31, 2019, respondent filed a proffer on award of

compensation (“Proffer”) indicati ng petitioner should be awarded $ 184,865.23, consisting

of $175,000.00 for his past and future pain and suffering and $9,865.23 for documented

1 I intend 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 redac t medical or other information, the disclosure of

which would constitute an unwarranted invasion of pr ivacy. If, upon review, I agree that the identified

material fits within this definiti on, I will redact such material from public access. Because this unpublished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 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. Hereinafter, for

ease of citation, all “§” references to the Vaccine Ac t will be to the pertinent subparagraph of 42 U.S.C. §

300aa (2012).2 past lost wages . Proffer at 1. In the Proffer, respondent r epresented that petitioner

agrees with 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 stat ed in the attached Proffer, I award petitioner a lump

sum payment of $184,865.23 (consisting of $175,000.00 for his past and future

pain and suffering and $9,865.23 for documente d past lost wages), in the form of

a check payable to petiti oner, Ryan Bronson. 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. 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.1 IN THE UNITED STATES COURT OF FED ERAL CLAIMS

OFFICE OF SPECIAL MASTERS

RYAN BRONSON,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. No. 18

- 1267V

Chief Special Master Corcoran

ECF

- SPU

RESPONDENT’ S PROFFER ON AWARD OF COMPENSATION

On August 22, 2018, Ryan Bronson (“petitioner”) filed a petition for vaccine injury

compensation alleging that he developed Guillain

- Barré syndrome (“GBS”)

, a Table injury,

following receipt of an influenza (“flu” ) vaccin at ion ad ministered on October 15, 2015

.

Respondent filed his Rule 4(c) Report conceding entitl eme n t to compensation on July 10 , 2019

.

The Court issued a Ru ling on Entitle me nt on July 12, 2019

.

I. Items of Compensation

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

a total of $184,865.23 , consisting of $ 175,0 00.00 f or his past and future pain and suffering and

$9,865.23 for documen ted past lost wages . This represents all element s of compensation to

which petitioner would be entitled under 42 U.S.C. § 300aa

- 15(a)

. 1 Petitioner agrees.

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 oppo se any award for future damages

.2 II. Form of the Award

The parties recommend that the compensation provided to petitioner should be made

through a lu mp sum payment of $184,865.23 in the form of a check payable to petitioner. 2

Petitioner agrees.

Respectfully submitted,

JOSEPH H. HUNT

Assistant Attorney General

C. SALVATORE D’ALESSIO

Acting Director

Torts Bra nch, Civil Division

CATHARINE E. REEVES

Deputy Director

Torts Branch, Civil Division

ALEXIS B. BABCOCK

Assistant Director

Torts Branch, Civil Division

s/Lisa A. Watts

LISA A. WATTS

Senior 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

- 4099

DATED: October 31 , 2019

2 Petitioner is a competent adult. Proof of guardianship is not required in this case.