# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 18-1812V

UNPUBLISHED

DARRELL W. MORGAN,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: March 30, 2020

Special Processing Unit (SPU);

Damages Decision Based on Proffer;

Influenza (Flu) Vaccine; GuillainBarre Syndrome (GBS)

Anne Carrion Toale, Maglio Christopher & T oale, PA, Sarasota, FL, for petitioner.

Alexis B. Babcock, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

On November 26, 2018, Darrell W. Mo rgan filed a petition for compensation

under the National Vaccine Injury Com pensation 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 an in fluenza (“flu”) vaccine he received on November 17, 2017.

Petition at 1-2. The case was assigned to t he Special Processing Unit of the Office of

Special Masters.

On January 10, 2020, a ruling on entitle ment was issued, finding Petitioner

entitled to compensation. On March 30, 2020, Respondent filed a proffer on award of

compensation (“Proffer”) indi cating Petitioner should be awarded $86,797.25 (which

represents $85,000.00 for past and future pain and suffering and $1,797.25 for past

unreimbursed expenses). Pro ffer at 1. In the Proffer, Respondent represents that

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am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 Fe deral 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), Pe titioner 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 mate rial 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 Ac t will be to the pertinent subparagraph of 42 U.S.C. §

300aa (2012).2 Petitioner agrees with the proffered award. Id. Based on the record as a whole, I find

that Petitioner is entitled to an aw ard as stated in the Proffer.

Pursuant to the terms stat ed in the attached Proffer, I award Petitioner a lump

sum payment of $86,797.25, (which represen ts $85,000.00 for past and future pain

and suffering and $1,797.25 for past unrei mbursed expenses) in the form of a

check payable to Petitioner. This amount represents co mpensation for all damages

that would be avail able 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 c an 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

)

DARRELL W. MORGAN

, )

)

Petitioners, )

) No. 18

- 1 812 V

v. ) Chief Special Master Corcoran

)

SECRETARY OF HEALTH AND )

HUMAN SERVICES, )

)

Respondent. )

)

RESPONDENT’S PROFFER O N AWARD OF COMPENSATION

I. Compensation for Vaccine

- Related Items:

On January 10, 2020

, respondent conceded that entitlement to compensation was

appropriate under the terms of the Vaccine Act . On the same day

, the Court issued a Ruling on

Ent itlement, finding that petitioner was entitled to vaccine compensation for a Table injury of

Guillain

- Barre Syndrome as a result of a flu vaccination he received on November 17, 2017

.

Respondent proffers that, based on the evidence of record, petitioner should be awarded a lump

sum of $ 86,797.25 ( which represents $ 85 ,000 .00 in for p ast and future pain and suffering

, and

$ 1,797.25 for past unreimbursable expenses )

.

Th is amount represent s all elements of compensation to which petitioner would be

entitled under 42 U.S .C. § 300aa

- 15(a). 1 Petitioner agree s

.

1 Petitioner is a competent adult, therefore evidence of guardianship is not required in this case.2 II. Form of the Award

Respondent recommends that the compensation provided to petitioner should be made

through:

a lump sum of $ 86,797.25 in the form of a check payable to petitioner.

Petitioner agrees.

Respectfully submitted,

JOSEPH H. HUNT

Assistant Attorney General

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division

CATHARINE E. REEVES

Deputy Director

Torts Branch, Civil Division

HEATHER L. PEARLMAN

Assistant Director

Torts Branch, Civil Division

/

S/ ALEXIS B. BABCOCK

ALEXIS B. BABCOCK

Assistant Director

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

Benjamin Franklin Station

Washington, D.C. 20044

- 0146

Tel : (202) 616

- 7678

Dated: March 30 , 2020