VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01824 Package ID: USCOURTS-cofc-1_17-vv-01824 Petitioner: MARK PFEIFER, as Administrator of the Estate of RONALD VINCENT PFEIFER, deceased Filed: 2017-11-21 Decided: 2019-05-15 Vaccine: influenza Vaccination date: 2015-10-29 Condition: Guillain-Barré Syndrome (GBS) and respiratory failure Outcome: compensated Award amount USD: 465000 AI-assisted case summary: Mark Pfeifer, as administrator of the estate of Ronald Vincent Pfeifer, filed a petition alleging that Ronald Vincent Pfeifer suffered Guillain-Barré Syndrome (GBS) and respiratory failure, resulting in his death on November 26, 2015. These conditions were alleged to be the direct result of influenza and Prevnar 13 vaccinations received on October 29, 2015. The respondent conceded that the petitioner had satisfied the criteria for a Table injury, specifically GBS following the influenza vaccine, and that the death was a sequela of this injury. An entitlement ruling was issued on September 20, 2018, finding the petitioner entitled to compensation. Subsequently, on March 15, 2019, the respondent filed a proffer recommending an award of $465,000.00, comprising $215,000.00 for pain and suffering and $250,000.00 for the statutory death benefit. The petitioner agreed with this award. The court awarded the lump sum payment of $465,000.00. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-01824-0 Date issued/filed: 2018-10-24 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 09/20/2018) regarding 22 Ruling on Entitlement (Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-01824-UNJ Document 26 Filed 10/24/18 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-1824V Filed: September 20, 2018 UNPUBLISHED MARK PFEIFER, as Administrator of the Estate of RONALD VINCENT PFEIFER, deceased, Special Processing Unit (SPU); Ruling on Entitlement; Concession; Petitioner, Table Injury; Influenza (Flu) Vaccine; v. Guillain-Barre Syndrome (GBS) SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Kate Gerayne Westad, Larkin, Hoffman, et al., Ltd., Minneapolis, MN, for petitioner. Lisa Ann Watts, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Dorsey, Chief Special Master: On November 21, 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 Decedent, Ronald Vincent Pfeifer, suffered Guillain-Barré Syndrome (“GBS”) and respiratory failure which resulted in his untimely death on November 26, 2015, as a direct result of the influenza vaccination and/or influenza and Prevnar 13 vaccinations he received on October 29, 2015. Petition at ¶¶ 1, 4. Petitioner further alleges that he is administrator of the estate of Ronald Vincent Pfeifer and has not filed another petition or collected an award or settlement for 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-01824-UNJ Document 26 Filed 10/24/18 Page 2 of 2 decedent’s death, alleged to have been vaccine caused. Id. at ¶¶ 2, 9. The case was assigned to the Special Processing Unit of the Office of Special Masters. On September 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 for Mr. Pfeifer’s alleged vaccine-related injury.” Id. at 3-4. Respondent further states “the cause of Mr. Pfeifer’s death was attributed to his GBS, and thus was a sequela of his Table injury.” Id. at 4 (citation omitted). 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-01824-1 Date issued/filed: 2019-05-15 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 03/15/2019) regarding 34 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made. Modified on 5/28/2019 - corrected pdf (jt1). -------------------------------------------------------------------------------- Case 1:17-vv-01824-UNJ Document 39 Filed 05/15/19 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-1824V Filed: March 15, 2019 UNPUBLISHED MARK PFEIFER, as Administrator of the Estate of RONALD VINCENT PFEIFER, deceased, Special Processing Unit (SPU); Damages Decision Based on Proffer; Petitioner, Influenza (Flu) Vaccine; Guillain- v. Barre Syndrome (GBS) SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Kate Gerayne Westad, Larkin, Hoffman, et al., Ltd., Minneapolis, MN, for petitioner. Lisa Ann Watts, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 Dorsey, Chief Special Master: On November 21, 2017, Mark Pfeifer (“petitioner”), as the administrator of the estate of Ronald Vincent Pfeifer (“Mr. Pfeifer”), 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 alleged that Mr. Pfeifer suffered Guillain-Barré Syndrome (“GBS”) and respiratory failure which resulted in his untimely death on November 26, 2015, as a direct result of the influenza vaccination and/or influenza and Prevnar 13 vaccinations he received on October 29, 2015. Petition at ¶¶ 1, 4. The case was assigned to the Special Processing Unit of the Office of Special Masters. 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-01824-UNJ Document 39 Filed 05/15/19 Page 2 of 4 On September 20, 2018, a ruling on entitlement was issued, finding petitioner entitled to compensation for Mr. Pfeifer’s GBS and untimely death. On March 15, 2019, respondent filed a proffer on award of compensation (“Proffer”) indicating petitioner should be awarded $465,000.00, representing compensation in the amount of $215,000.00 for Mr. Pfeifer’s pain and suffering and $250,000.00 for the statutory death benefit. Proffer at 1-2. In the Proffer, respondent represented that petitioner agrees with the proffered award. Id. at 2. Based on the record as a whole, the undersigned finds that petitioner is entitled to an award as stated in the Proffer. Pursuant to the terms stated in the attached Proffer, the undersigned awards petitioner a lump sum payment of $465,000.00, representing compensation in the amount of $215,000.00 for Mr. Pfeifer’s pain and suffering and $250,000.00 for the statutory death benefit, in the form of a check payable to petitioner, Mark Pfeifer. 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-01824-UNJ Document 39 Filed 05/15/19 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS MARK PFEIFER, as Administrator of the Estate of RONALD VINCENT PFEIFER, deceased, Petitioner, No. 17-1824V Chief Special Master Dorsey v. ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On November 21, 2017, Mark Pfeifer (“petitioner”), as Administrator of the Estate of Ronald Vincent Pfeifer (“Mr. Pfeifer”), filed a petition for compensation alleging that Mr. Pfeifer suffered Guillain-Barré syndrome (“GBS”), a Table injury, as a result of an influenza (“flu”) vaccine administered to him on October 29, 2015, and that his death on November 26, 2015, was a sequela of that alleged vaccine injury. On September 20, 2018, Respondent filed his Rule 4(c) Report conceding entitlement to compensation for Mr. Pfeifer’s Table injury of GBS following the flu vaccine and subsequent death. That same day the Chief Special Master issued an Entitlement Ruling finding that petitioner was entitled to compensation under the Vaccine Act for Mr. Pfeifer’s GBS and death. I. Items of Compensation Based upon the evidence of record, respondent proffers that petitioner should be awarded $465,000.00 consisting of $215,000.00 for Mr. Pfeifer’s pain and suffering, and $250,000.00 for 1 Case 1:17-vv-01824-UNJ Document 39 Filed 05/15/19 Page 4 of 4 the statutory death benefit. This 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 the compensation provided to petitioner should be made through a lump sum payment of $465,000.00 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 ALEXIS B. BABCOCK Assistant Director Torts Branch, Civil Division s/Lisa A. Watts LISA A. WATTS Senior Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Dated: March 15, 2019 Tel.: (202) 616-4099 2