In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 19-485V

UNPUBLISHED

KEITH COUSENS,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: November 6, 2020

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Influenza (Flu) Vaccine; GuillainBarre Syndrome (GBS)

Alison H. Haskins, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner.

Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES1

On April 2, 2019, Keith Cousens 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”) as a 

result of his influenza (“flu”) vaccine received him on September 23, 2017. Petition at 1-

4. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On May 20, 2020, a ruling on entitlement was issued, finding Petitioner entitled to 

compensation for GBS. On November 4, 2020, Respondent filed a proffer on award of 

compensation (“Proffer”) indicating Petitioner should be awarded $139,825.98. The 

award is comprised of the following: $122,500.00 for pain and suffering; $3,866.49 for 

past unreimbursable out of pocket medical expenses; $995.05 for future unreimbursable 

medical expenses; and $12,464.44 for lost earnings.. Proffer at 1-2. In the Proffer, 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am 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 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, I agree that the identified material fits within this definition, I will redact 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

Respondent represented 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 stated in the attached Proffer, I award Petitioner a lump 

sum payment of $139,825.98 (comprised of $122,500.00 for pain and suffering,

$3,866.49 for past unreimbursable out of pocket medical expenses, $995.05 for 

future unreimbursable medical expenses, and $12,464.44 for lost earnings) in the 

form of a check payable to Petitioner. 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 can be expedited by the parties’ joint filing of notice 

renouncing the right to seek review.
1

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

KEITH COUSENS,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN 

SERVICES,

Respondent.

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No. 19-485V

Chief Special Master Corcoran

ECF

SPU

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

Keith Cousens (“petitioner”) filed a petitioner for compensation on April 2, 2019, 

alleging that he suffered Guillain-Barré Syndrome (“GBS”) due to an influenza (“flu”) vaccine 

administered to him on September 23, 2017. On May 18, 2020, respondent conceded that 

entitlement to compensation was appropriate under the terms of the Vaccine Act. The Chief 

Special Master issued a Ruling on Entitlement on May 20, 2020, finding that petitioner was 

entitled to vaccine compensation for his GBS. 

I. Items of Compensation

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

$139,825.98. The award is comprised of the following: $122,500.00 for pain and suffering; 

$3,866.49 for past unreimbursable out of pocket medical expenses; $995.05 for future 

unreimbursable medical expenses; and $12,464.44 for lost earnings. This amount represents all 

elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). 

Petitioner agrees. 
2

II. Form of the Award

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

a lump sum payment of $139,825.98, in the form of a check payable to petitioner.1 Petitioner 

agrees.

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

Respectfully submitted,

JEFFREY BOSSERT CLARK

Acting Assistant Attorney General

C. SALVATORE D’ALESSIO

Acting Director 

Torts Branch, Civil Division 

CATHARINE E. REEVES

Deputy Director

Torts Branch, Civil Division

ALEXIS B. BABCOCK

Assistant Director

Torts Branch, Civil Division

s/Traci R. Patton 

TRACI R. PATTON

Senior Trial Attorney 

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

Ben Franklin Station

Washington, DC 20044-0146

Tel: (202) 353-1589

Dated: November 4, 2020

 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.