# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 18

- 1105 V

UNPUBLISHED

JAMES MAHONEY, ESQ.

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: March 5, 2020

Special Processing Unit (SPU);

Damages Decision Based on Proffer;

Influenza (Flu) Vaccine; Guillain

Barre Syndrome (GBS)

Steven Douglas Hillyard, Law Office of Steven D. Hillyard, APC, Newport Beach, CA

, for petitioner.

Camille Michelle Collett , U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

On July 30, 2018 , 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 suffere d Guillain

- Barré Syndrome (GBS) after receiving the

influenza vaccination on September 12, 2017 . Petit ion at 1, ¶ 2

. The case was

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

On February 27, 2020

, a ruling on entitlement was issued , finding P etitioner

entitled to compensation for his GBS . On March 4, 2020

, R espondent filed a p roffer on

a ward of compensation (“Proffer”) indicating P etitioner should be awarded $ 512,428.22

, representing “ $ 10,278.19 in compensation for projected life care expenses; $286,283.01 in lost earnings; $150,000.00 in actual and projected pain and suffering,

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am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 o f 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 subpara graph of 42 U.S.C. §

300aa (2012 ).2

and $65,867.02 for past unreimbursable expenses

. ” Proffer at 1

. The amount of

compensation bein g awarded for projected life care expenses and projected pain and

suffering has been reduced to net present value. Id. at 1 n.1; see § 15 ( f ) (4)(A)

(requiring this reduction)

. In the Proffer, 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 $ 512,428.22, representing compensation in the amount s of

$10,278.19 for hi s projected unreimbursable e x penses

, $65,867.02 for hi s actual

unreimbursable expenses

, $ 286,283.01 for his lost wages, and $ 150,000.00 for hi s

actual and projected pain and suffering 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 filing of notice

renouncing the right to seek review.1 IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

__________________________________________ )

JAMES MAHONEY, E SQ

., )

)

) No. 1 8

- 1105 V

Petitioner, ) Chief Special Master Corcoran

) ECF

v. )

)

SECRETARY OF HEALTH AND )

HUMAN SERVICES, )

)

Respondent. )

__________________________________________ )

RESPONDENT’S PROFFER O N AWARD OF COMPENSATION

I. Compensation for Vaccine

- Related Items:

On February 27

, 20 20

, respondent conceded that entitlement to compensation was

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

, Chief Special Master

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

compensation for Guillain

- Barré Syndrome as a result of an influenza vaccination

. Respondent

proffers that, based on the evidence of record, petitioner, James Mahoney, Esq.

, should be

awarded $ 512,428.22

, which amount represents $ 10,278.19 in compensation for projected life

care expenses ; $286,283.01 in lost earnings; $ 150,000.00 in actual and projected pain an d

suffering , and $ 65,867.02 for past unreimbursable expenses

. 1 This amount represents all

elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa

- 15(a).

Petitioner agrees

.

1 This amount reflects that any award for projected life care expenses or projected pain and

suffering has been reduced to net present value. See 42 U.S.C. § 300aa

- 15( f )(4) (A)

.2 II. Form of the Award

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

through a lump sum payment as described below, and request that the Chief Special Master’s

decision and the Court’s judgment award the following: 2

A. A lump sum payment of $ 512,428.22 in the form of a check payable to petitioner,

James Mahoney, Esq. This amount accounts for all elements of compensation under 42

U.S.C. § 300aa

- 15(a) to which petitioner would be entitled

.

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

ALEXIS B. BABCOCK

Assistant Director

Torts Branch, Civil Division

2 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 lost earnings, and future pain and suffering.3 / s/ Camille M. Collett

CAMILLE M. COLLETT

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

- 4 098

Dated: M arch 4 , 2020