# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 19-0536V

UNPUBLISHED

CHARLES BRANDT,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: February 17, 2021

Special Processing Unit (SPU); Damages Decision Based on Proffer;Influenza (Flu) Vaccine; GuillainBarre Syndrome (GBS)

Theodore J. Hong, Maglio Christopher & T oale, PA, Seattle, WA, for Petitioner.

Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES 1

On April 11, 2019, Charles Brandt fil ed a petition for compensation under the National Vaccine Injury Compensati on Program, 42 U.S.C. §300aa-10, et seq. 2 (the “Vaccine Act”). Petitioner alleges that he su ffered from Guillain-Barré syndrome (“GBS”) as a result of an influenza (“flu”) vaccine administered to him on September 30, 2017.

Petition at 1. Petitioner further alleges that his vaccine related injuries have lasted more

than six months after the admin istration of the vaccine. Peti tion at 6. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On May 22, 2020, a ruling on entitlement was issued, finding Pe titioner entitled to compensation for GBS. On F ebruary 17, 2021, Respondent f iled a proffer on award of compensation (“Proffer”) indicating Peti tioner should be aw arded $178,969.98, for all damages, including $165,000.00 representative of pain and suffering, and $13,969.98 representative of out-of-pocket medical and related expenses. Pro ffer at 1. 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1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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 availa ble 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 whic h would constitute an unwarranted invasion of privacy. If, upon review, I agree that the identified material fits with in this definition, I will r edact 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 awar d as stated in the Proffer.

Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $178,969.98, for all damages (including $165,000.00 representative of pain and suffering, and $13,969.98 representative of out-of-pocket medical and related expenses) in the form of a check payable to Petitioner. This amount represents compensation for all damages that woul d be available u nder § 15(a).

The clerk of the court is directed to enter judgment in a ccordance 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.

### IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

CHARLES BRANDT,

Petitioner,

v.

SECRETARY OF HEALTH AND
HUMAN SERVICES,

Respondent

. No. 19

- 536V Chief Special Master Corcoran (SPU)

ECF

PROFFER ON AWARD OF COMPENSATION

I. Procedural History

On A pril 11, 20 19

, Charles Brandt (“petitioner”) filed a petition for compensation

(“p etition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa

- 1 to

-

34, as amended

. H e alleges that, as a result of receiving the influenza vaccine on September 30,

2017 , he suffered from Guillain

- Barre Syndrome ( “ GBS ” ). See Petition at 1, 6

. On May 22,

2020

, respondent filed his Vaccine Rule 4(c) report, concluding that petitioner suffered GBS as

defined by the Vaccine Injury Table

, within the Table timeframe , and the Chief Special Master

Corcoran issued a ruling on entitlement, finding that petitioner was en titled to compensation for

a G BS Table injury

. ECF No. 26; ECF No. 27.

I I. Items of Compensation

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

a lump sum of $ 17 8

, 969.98

, for all damages, including $ 165,000.00 representative of pain and

suffering, and $ 13,969.98 representative of out

- of

- pocket medical and related expenses. This

amount represents all elements of compensation to which petitioner is entitled under 42 U.S.C. §

300aa

- 15(a). Petitioner agrees.2 I II. Form of the Award

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 : A lump sum payment of $ 17 8,969.98 in

the form of a check payable to petitioner

. 1 Petitioner agrees.

Respectfully submitted,

BRIAN M. BOYN TON Acting Assistant Attorney General

C. SALVATORE D’ALESSIO Acting Director Torts Branch, Civil Division

HEATHER L. PEA RLMAN Acting Deputy Director Torts Branch, Civil Division

ALEXIS B. BABCOCK

Assistant Director Torts Branch, Civil Division

s/ Adriana Teitel

ADRIANA TEITEL Trial Attorney Torts Branch, Civil Division U.S. Department of Justice
P.O. Box 146, Benjamin Franklin Station Washington, DC 20044

- 0146 Tel: (202) 616

- 3677

Dated: February 1 7 , 2021

1 Should petitioner die prior to entry of judgment, respondent would oppose any award for future medical expenses, future lost earnings, and future pain and suffering, and the parties reserve the right to move the Court for appropriate relief.