# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 19

- 481 V

UNPUBLISHED

MICHAEL B. JORDAN

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: November 24, 2020

Special Processing Unit (SPU);

Damages Decision Based on Proffer;

Influenza (Flu) Vaccine; Guillain

Barre Syndrome (GBS)

David Alexand

er Tierney, Rawls Law Group, Richmond, VA , for petitioner.

Christine Mary Becer

, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

On April 1, 2019

, Mic ha el B. Jorda n 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 Guill ai n

- Barre Syndrome (“GBS”) as a

result of an influenza (“flu”) vaccine administered on August 14, 2017

. Petition at 1

. The

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

On June 3, 2020

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

compensation for his GBS injury . On November 24, 2020

, R espondent filed a p roffer on

a ward of compensation (“Proffer”) indicating P etitioner should be awarded $ 135,000.00

. Proffer at 2

. In the Proffer, R espondent represented that P etitioner agrees with the

proffered award. Id. at 1

- 2. Based on the record as a whole, I find that P etitioner is entitled

to an award as stated 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1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am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

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

sum payment of $ 135,000.00 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.IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

____________________________________ )

MICHAEL B. JORDAN, )

)

Petitioner, )

) No. 19

- 481V

v. ) Chief Special Master Corcoran

) ECF

SECRETARY OF HEALTH AND )

HUMAN SERVICES, )

)

Respondent. )

____________________________________)

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Procedural History

On May 21 , 2020, respondent filed a Vaccine Rule 4(c) report concluding that petitioner

sustained the onset of Guillain

- Barré Syndrome within the Table time period following an

influenza vaccine, and therefore sustained an injury that is compensable under the terms of the

National Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C. §§300aa

- 10 to

-

3 4. Accordingly, on June 3 , 2020, the Chief Special Master issued a Ruling on Entitlement,

finding that petitioner was entitled to vaccine compensation for GBS fol lowing the influenza

vac cine he received on August 14 , 2017.

II. Items of Compensation

R espondent proffers that petitioner should be awarded $ 135,000. 00 for pain and

suffering

.

This represents all elements of compensation to which petitioner is entitled under 42

U.S.C. § 300aa

- 15(a). Petitioner agrees.2 III. 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 petitioner should be made through a

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

the Court’s judgment award the following 1 : a lump sum payment of $135,0 00 .0 0

, in the form of

a check payable to petitioner.

IV. Summary of Recommended Payments Following Judgment

Lump sum payable to petitioner, Michael B. Jordan : $ 135,000 .00

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

GABRIELLE M. FIELDING

Assistant Director

Torts Branch, Civil Division

s/Christine Mary Becer

CHRISTINE MARY BECER

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

- 3665

DATED: November 24, 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 pain and

suffering.