# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

Filed: July 22, 2021

* * * * * * * * * * * * *

MARK TRIMBLE, * Unpublished

*

*

Petitioner, * No. 20

- 621V

*

v. * Special Master Gowen

*

SECRETARY OF HEALTH * Decision on Damages;

AND HUMAN SERVICES, * Influenza (“Flu”); Guillain

- Barré

* Syndrome (“GBS”).

Respondent. *

* * * * * * * * * * * * *

Nathaniel Enos, Conway, Homer, P.C., Boston, MA, for petitioner.

Kyle E. Pozza, U.S. Department of Justice, Washington, D.C., for respondent.

DECISION AWARDING DAMAGES 1

On May 19, 2020, Mark Trimble (“petitioner”) filed a petition for compensation under

the National Vaccine Injury Compensation Program. 2 Petitioner alleges that he suffered from

Guillain

- Barré syndrome (“GBS”) as a result of receiving an influenza (“flu”) and tetanus

diphtheria

- acellular

- pertussis (“Tdap”) vaccine administered on November 10, 2017. Petition at

Preamble (ECF No. 1). I issued a Rul ing on Entitlemen t, finding that petitioner was entitled to

compensation

. See Ruling on Entitlement (ECF No. 26).

O n July 2 2, 2021, respondent filed a proffer on award of compensation ( “ Proffer ” )

indicating petitioner should be awarded $1 76,803.06 , representing $165,00 0.00 in past pain and

suffering, $6,953.06 in unreimbursed past expe nses, and $4,850.00 in future medical costs.

1 P ursuant to the E

- Government Act of 2002, see 44 U.S.C. § 3501 note (2012), b ecause this decision contains a

reasoned explanation for the action in this case, I am required to post it on the website of the United States Court of

Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7

. This means the

decision will be available to anyone with access to the Internet. Before the decision is posted on the court’s

website, each party has 14 days to file a motion requesting redaction “of any information furnished by that party:

(1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that

includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of

privacy.” Vaccine Rule 18(b). “An objecting party must provide the court with a proposed redacted version of the

decision.” Id. If neither party files a motion for redaction within 14 days, the decision will be posted on the

court’s website without any changes. Id.

2 The Na tional Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine

Injury Act of 1986, Pub. L. No. 99

- 660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa

- 10 to 34 (2012)

(hereinafter “Vaccine Act” or “the Act”). H ereinafter, individual section references will be to 42 U.S.C. § 300aa of

the Act.2

Proffer a t 1

- 2 (ECF No. 36). In the Proffer, respondent represented that pet itioner agrees with

the proffered award. Id. Based on the record as a whole, I find that petitioner is entitled to a n

award as sta ted in th e Proffer.

Pursuant to the terms stated in the attached Proffer, I award the following:

A lump sum of $ 176,803.06, in the form of a check payable to petitioner

. This

amount represents $165,000.00 for pain and suffering, $6,953.06 for past unreimb ursed

expenses , and $4,850.00 for future medical expenses. This amount represents all

elements of compensation to which petitioner would be available under 42 U.S.C. §

300aa

- 15(a ).

I adopt respond ent ’ s proffer attached to this decision , and award compensation in the

amount and on the terms set forth therein. The Clerk of the Court is directed to enter judgment

in accordance with this de ci sion. 3

IT IS SO ORDERED.

s/Thomas L. Gowen

Thomas L. Gowen

Special Master

3 Pursuant to V accine Rule 11(a) , entry of judgment can be expe dited by each party filing a notice renouncing the

right to seek review.1 

### IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

____________________________________ )

MARK TRIMBLE, ) No. 20

- 621V

) Special Master Gowen

Petitioner, )

)

v. )

)

SECRETARY OF HEALTH AND )

HUMAN SERVICES, )

)

Respondent. )

)

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On January 8 , 2021 , respondent conceded that entitlement to compensation was

appropriate under the terms of the Vaccine Act. On February 4, 2021 , Special Master Gowen

issued a Ruling on Entitlement, finding that petitioner was entitled to vaccine compensation for

h is Guill ain

- B arr é syndrome (“GBS ”) and related sequela

.

I. Amount of Compensation

Respondent now proffers that, based on the Special Master’s entitlement decision and the

evidence of record, petitioner should be awarded $ 1 76,803.06

. The award is comprised of the

following: $ 165,000.00 for pain and suffering, $ 6,953.06 for past unreimbursed expenses , and

$4,850.00 for future medical expenses

. This amount represents all ele ments of compensation to

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

- 15(a). P etitioner agrees.2 II. Form of the Award

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

d escribed below, and request that the Special Master’s damages decision and the Court’s

judgment award the following: 1

A. Petitioner’s Damages

Respondent recommends that the compensation provided to petitioner should be made

through:

a lump sum of $ 176,803.06

, i n the form of a check payable to petitioner. This

amount represents compensation for all damages that would be available under 42

U.S.C. § 300aa

- 15(a).

Petitioner agrees.

B. Guardianship

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

Respectfully submitted,

BRIAN M. BOYNTON

Acting Assistant Attorney General

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division

HEATHER L. PEARLMAN

Deputy Director

Torts Branch, Civil Division

DARRYL R. WISHARD

Assistant Director

Torts Branch, Civil Division

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 medical

expenses, future pain and suffering, and future lost wages.3 /s/ Kyle E. Pozza

____________ _ KYLE E. POZZA

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

- 3661

E

- mail: Kyle.Pozza@usdoj.gov

Dated: July 22, 2021