# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 19

- 485 V

UNPUBLISHED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; Guillain

Barre 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 DAMAGES 1

On April 2, 201 9

, 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, 202 0

, a ruling on entitlement was issued , finding P etitioner entitled to

compensation for GBS . On November 4, 2020

, R espondent filed a p roffer on a ward of

compensation (“Proffer”) indicating P etitioner 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1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am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 E

Government 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 R espondent represented that P etitioner agrees with the proffered award. Id. Based on

the record as a whole, I find that P etitioner is entitled to an award as stated in the Proffer.

Pursuant to the terms stated in the attached Proffer, I award P etitioner 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 P etitioner

. 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. 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 fil ing 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. )

)

)

)

)

)

)

)

)

) No. 19

- 485V

Chief Special Master Corcoran

ECF

SPU

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

K eith C ousens ( “ petitioner ” ) filed a petitioner for c ompensation on A pril 2, 2019

,

alleging that he suffered G uillain

- B arr é Syndrome ( “ GBS ” ) due to an influenza ( “ flu ” ) vaccine

administered to him on S eptember 23, 2017

. On M ay 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 M ay 20 , 2020 , finding that petitioner was

entitled to vaccine compensation for h is GBS

.

I. Items of Compensation

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

$ 1 3 9,825. 9 8 . The award is comprised of the following: $ 1 2 2 ,500.00 for pain and suffering ;

$ 3,866.49 for p ast unreimbursable out of pocket medical expenses ; $ 995.05 f or 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 $ 1 3 9,825 .98 , in the form of a check payable to petitioner. 1 Petitioner

agrees.

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

Respectfully submitted,

J EFFREY 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

A LEXIS 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: Nove mber 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.