VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01285 Package ID: USCOURTS-cofc-1_17-vv-01285 Petitioner: Ralph Putnam Filed: 2018-08-21 Decided: 2018-12-12 Vaccine: influenza Vaccination date: 2015-10-22 Condition: Guillain-Barre Syndrome (GBS) Outcome: compensated Award amount USD: 165680 AI-assisted case summary: Ralph Putnam filed a petition alleging that he suffered Guillain-Barre Syndrome (GBS) caused by the trivalent influenza vaccination he received on October 22, 2015. The petition was filed on August 21, 2018. Respondent conceded that Mr. Putnam was entitled to compensation, stating that his case met the criteria for a Table injury, specifically GBS with onset within three to forty-two days after a seasonal influenza vaccination, and that there was no apparent alternative cause. An entitlement ruling was issued on August 21, 2018, finding Mr. Putnam eligible for compensation. Subsequently, on November 1, 2018, the parties submitted a proffer for an award of compensation. The respondent proposed an award of $165,680.00, which included $150,000.00 for pain and suffering and $15,680.00 for past out-of-pocket medical expenses. Mr. Putnam agreed with this proffered award. On December 12, 2018, the court issued a decision awarding Mr. Putnam the lump sum of $165,680.00, representing compensation for all damages available under the Vaccine Act. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-01285-0 Date issued/filed: 2018-10-23 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 08/21/2018) regarding 24 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-01285-UNJ Document 28 Filed 10/23/18 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-1285V Filed: August 21, 2018 UNPUBLISHED RALPH PUTMAN, Petitioner, Special Processing Unit (SPU); v. Ruling on Entitlement; Concession; Table Injury; Influenza (Flu) Vaccine; SECRETARY OF HEALTH AND Guillain-Barre Syndrome (GBS) HUMAN SERVICES, Respondent. Brittany S. Cates, Faxon Law Group, New Haven, CT, for petitioner. Lynn Elizabeth Ricciardella, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Dorsey, Chief Special Master: On September 18, 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 Guillain-Barré Syndrome (“GBS”) caused in fact by the trivalent influenza vaccination he received on October 22, 2015. Petition at 1, ¶¶ 1, 12. Petitioner further alleges that he received the vaccination in the United States, suffered the residual effects of his GBS for more than six months and that neither he nor any other party has filed a civil action for his GBS, alleged as vaccine caused. Id. at ¶¶ 2, 13-14. The case was assigned to the Special Processing Unit of the Office of Special Masters. 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-01285-UNJ Document 28 Filed 10/23/18 Page 2 of 2 On August 20, 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 “it is respondent’s position that petitioner has satisfied the criteria set forth in the revised Vaccine Injury Table (Table) and Qualifications and Aids to Interpretations (QAI), which afford petitioner a presumption of causation if the onset of GBS occurs within three to forty-two days after a seasonal influenza vaccination, and there is no apparent alternative cause. 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 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_17-vv-01285-1 Date issued/filed: 2018-12-12 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 11/01/2018) regarding 33 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-01285-UNJ Document 39 Filed 12/12/18 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-1285V Filed: November 1, 2018 UNPUBLISHED RALPH PUTNAM, Special Processing Unit (SPU); Petitioner, Damages Decision Based on Proffer; v. Influenza (Flu) Vaccine; Guillain- Barre Syndrome (GBS) SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Brittany S. Cates, Faxon Law Group, New Haven, CT, for petitioner. Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 Dorsey, Chief Special Master: On September 18, 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 Guillain-Barré Syndrome (“GBS”) caused in fact by the trivalent influenza vaccination he received on October 22, 2015. Petition at 1, ¶¶ 1, 12. The case was assigned to the Special Processing Unit of the Office of Special Masters. On August 21, 2018, a ruling on entitlement was issued, finding petitioner entitled to compensation for GBS. On November 1, 2018, respondent filed a proffer on award of compensation (“Proffer”) indicating petitioner should be awarded $165,680.00, representing $150,000.00 for pain and suffering and $15,680.00 for past out-of-pocket 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-01285-UNJ Document 39 Filed 12/12/18 Page 2 of 4 medical expenses. Proffer at 1. In the Proffer, respondent represented that petitioner agrees with the 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 $165,680.00, representing $150,000.00 pain and suffering and $15,680.00 for past unreimbursable expenses in the form of a check payable to petitioner, Ralph Putnam. 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-01285-UNJ Document 39 Filed 12/12/18 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS RALPH PUTNAM, Petitioner, No. 17-1285V Chief Special Master Dorsey v. ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION I. Items of Compensation On August 20, 2018, respondent conceded that entitlement to compensation was appropriate under the terms of the Vaccine Act. On August 21, 2018, Chief Special Master Dorsey issued a Ruling on Entitlement, finding that petitioner was entitled to vaccine compensation for his Guillain-Barre Syndrome (“GBS”). Based upon the evidence of record, respondent proffers that petitioner should be awarded $165,680.00. The award is comprised of the following: $150,000.00 for pain and suffering; and $15,680.00 for past out-of-pocket medical expenses. This amount represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. II. Form of the Award The parties recommend that compensation provided to petitioner should be made through Case 1:17-vv-01285-UNJ Document 39 Filed 12/12/18 Page 4 of 4 a lump sum payment of $165,680.00, in the form of a check payable to petitioner.1 Petitioner agrees. Petitioner is a competent adult. Evidence of guardianship is not required in this case. 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 /s/Claudia B. Gangi CLAUDIA B. GANGI Senior Trial Attorney Torts Branch, Civil Division U. S. Department of Justice P.O. Box l46, Benjamin Franklin Station Washington, D.C. 20044-0146 Direct dial: (202) 616-4138 Email: claudia.gangi@usdoj.gov Dated: November 1, 2018 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 pain and suffering.