VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01209 Package ID: USCOURTS-cofc-1_17-vv-01209 Petitioner: Laurence Kratzer Filed: 2017-09-07 Decided: 2019-01-15 Vaccine: influenza Vaccination date: 2015-11-09 Condition: Guillain-Barré Syndrome (GBS) Outcome: compensated Award amount USD: 115000 AI-assisted case summary: Laurence Kratzer filed a petition for compensation under the National Vaccine Injury Compensation Program on September 7, 2017, alleging that he developed Guillain-Barré Syndrome (GBS) as a result of an influenza vaccine administered on November 9, 2015. The case was assigned to the Special Processing Unit. On May 24, 2018, the respondent conceded that Mr. Kratzer was entitled to compensation, stating that his condition met the criteria set forth in the Vaccine Injury Table. A ruling on entitlement was issued on that date by Chief Special Master Nora Beth Dorsey. Subsequently, on November 27, 2018, the respondent filed a proffer on award of compensation, recommending an award of $115,000.00 for past and future pain and suffering. Mr. Kratzer agreed to this amount. On January 15, 2019, Chief Special Master Nora Beth Dorsey issued a decision awarding Mr. Kratzer a lump sum payment of $115,000.00, payable to him, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Petitioner was represented by Danielle Strait of Maglio Christopher & Toale, PA, and respondent was represented by Debra A. Filteau Begley of the U.S. Department of Justice. Theory of causation field: Petitioner Laurence Kratzer alleged a Vaccine Table injury of Guillain-Barré Syndrome (GBS) following an influenza vaccine administered on November 9, 2015. The respondent conceded entitlement, determining that petitioner satisfied the criteria set forth in the Vaccine Injury Table. The public decision does not describe the specific mechanism of causation, onset, symptoms, medical tests, or treatments. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on May 24, 2018, and a decision awarding damages on January 15, 2019. The award was a lump sum of $115,000.00 for past and future pain and suffering, representing all elements of compensation under 42 U.S.C. § 300aa-15(a). Petitioner was represented by Danielle Strait, and respondent was represented by Debra A. Filteau Begley. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-01209-0 Date issued/filed: 2018-09-05 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 05/24/2018) regarding 21 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-01209-UNJ Document 31 Filed 09/05/18 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-1209V Filed: May 24, 2018 UNPUBLISHED LAURENCE KRATZER, Special Processing Unit (SPU); Petitioner, Ruling on Entitlement; Concession; v. Table Injury; Influenza (Flu) Vaccine; Guillain-Barre Syndrome (GBS) SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Danielle Strait, Maglio Christopher & Toale, PA, Seattle, WA, for petitioner. Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Dorsey, Chief Special Master: On September 7, 2017, petitioner 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 developed a Vaccine Table injury of Guillain-Barré Syndrome (“GBS”) as a result of an influenza (“flu”) vaccine administered on November 9, 2015. Petition at 7. The case was assigned to the Special Processing Unit of the Office of Special Masters. On May 24, 2018, respondent filed his Rule 4(c) report in which he concedes that petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1. Specifically, respondent states that “the Division of Injury Compensation Programs, Department of Health and Human Services (“DICP”), have reviewed the petition and 1 Because this unpublished ruling contains a reasoned explanation for the action in this case, the undersigned intends 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). 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, the undersigned agrees that the identified material fits within this definition, the undersigned 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). Case 1:17-vv-01209-UNJ Document 31 Filed 09/05/18 Page 2 of 2 medical records filed in the case and determined that petitioner has satisfied the criteria set forth in the newly revised Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation.” Id. at 5. In view of respondent’s position and the evidence of record, the undersigned finds that petitioner is entitled to compensation. IT IS SO ORDERED. s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master 2 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_17-vv-01209-1 Date issued/filed: 2019-01-15 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 11/30/2018) regarding 36 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-01209-UNJ Document 40 Filed 01/15/19 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-1209V Filed: November 30, 2018 UNPUBLISHED LAURENCE KRATZER, Petitioner, Special Processing Unit (SPU); v. Damages Decision Based on Proffer; Influenza (Flu) Vaccine; Guillain- SECRETARY OF HEALTH AND Barre Syndrome (GBS) HUMAN SERVICES, Respondent. Danielle Strait, Maglio Christopher & Toale, PA, Seattle, WA, for petitioner. Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 Dorsey, Chief Special Master: On September 7, 2017, petitioner 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 developed a Vaccine Table injury of Guillain-Barré Syndrome (“GBS”) as a result of an influenza (“flu”) vaccine administered on November 9, 2015. Petition at 7. The case was assigned to the Special Processing Unit of the Office of Special Masters. On May 24, 2018, a ruling on entitlement was issued, finding petitioner entitled to compensation for his GBS injury. On November 27, 2018, respondent filed a proffer on award of compensation (“Proffer”) indicating petitioner should be awarded $115,000.00. Proffer at 1. In the Proffer, respondent represented that petitioner agrees with the 1 The undersigned intends to post this decision on the United States Court of Federal Claims' website. 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, the undersigned agrees that the identified material fits within this definition, the undersigned will redact such material from public access. Because this unpublished decision contains a reasoned explanation for the action in this case, undersigned is 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). 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). Case 1:17-vv-01209-UNJ Document 40 Filed 01/15/19 Page 2 of 4 proffered award. Based on the record as a whole, the undersigned finds that petitioner is entitled to an award as stated in the Proffer. Id. Pursuant to the terms stated in the attached Proffer, the undersigned awards petitioner a lump sum payment of $115,000.00 in the form of a check payable to petitioner, Laurence Kratzer. This amount represents compensation for all damages that would 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/Nora Beth Dorsey Nora Beth Dorsey 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. 2 Case 1:17-vv-01209-UNJ Document 40 Filed 01/15/19 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ************************************* LAURENCE KRATZER, * * Petitioner, * No. 17-1209V * CHIEF SPECIAL MASTER v. * NORA BETH DORSEY * SECRETARY OF HEALTH AND * HUMAN SERVICES, * * Respondent. * ************************************* RESPONDENT’S PROFFER ON AWARD OF COMPENSATION I. Items of Compensation The Court issued a Ruling on Entitlement on May 24, 2018. Based upon the evidence of record, respondent proffers that petitioner should be awarded a lump sum of $115,000.00, which represents compensation for past and future pain and suffering. This amount represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees. II. Form of the Award Petitioner is a competent adult. Evidence of guardianship is not required in this case. Respondent recommends that petitioner be awarded a lump sum payment of $115,000.00 in the form of a check payable to petitioner. Petitioner agrees. 1 Should petitioner die prior to the 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. Case 1:17-vv-01209-UNJ Document 40 Filed 01/15/19 Page 4 of 4 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/ DEBRA A. FILTEAU BEGLEY DEBRA A. FILTEAU BEGLEY Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Phone: (202) 616-4181 Dated: November 27, 2018 2