VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00693 Package ID: USCOURTS-cofc-1_18-vv-00693 Petitioner: Flint Allen Filed: 2018-05-16 Decided: 2019-11-27 Vaccine: influenza Vaccination date: 2016-10-21 Condition: Guillain-Barré Syndrome (GBS) Outcome: compensated Award amount USD: 93700 AI-assisted case summary: Flint Allen filed a petition for compensation under the National Vaccine Injury Compensation Program on May 16, 2018, alleging he suffered Guillain-Barré Syndrome (GBS) after receiving an influenza vaccination on October 21, 2016. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Mr. Allen's GBS was a "Table injury" and that he was entitled to compensation. On April 25, 2019, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding Mr. Allen entitled to compensation. Subsequently, on September 27, 2019, the respondent filed a proffer on the award of compensation. The parties agreed to a total award of $93,700.19. This amount included $92,500.00 for past and future pain and suffering, with future pain and suffering reduced to net present value, and $1,200.19 for past unreimbursable expenses. Chief Special Master Dorsey issued a decision on November 27, 2019, awarding Mr. Allen a lump sum payment of $93,700.19, payable to him as a competent adult. Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and respondent was represented by Julia Marter Collison of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or the medical expert testimony or opinions considered, beyond the respondent's concession regarding the "Table injury" status of GBS. Theory of causation field: Petitioner Flint Allen alleged Guillain-Barré Syndrome (GBS) following an influenza vaccination on October 21, 2016. The respondent conceded that petitioner satisfied the criteria set forth in the Vaccine Injury Table (Table) and the Qualifications and Aids to Interpretation (QAI) for GBS. The Special Master's ruling on entitlement was issued on April 25, 2019. A subsequent decision on November 27, 2019, awarded petitioner a lump sum of $93,700.19, consisting of $92,500.00 for past and future pain and suffering (with future amounts reduced to net present value) and $1,200.19 for past unreimbursable expenses. The public text does not detail the specific mechanism of injury, expert testimony, or competing medical theories, relying instead on the respondent's concession that the injury was a "Table injury." Petitioner was represented by Ronald Craig Homer, and respondent was represented by Julia Marter Collison. Chief Special Master Nora Beth Dorsey presided over the case. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-00693-0 Date issued/filed: 2019-08-07 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 04/25/2019) regarding 23 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-00693-UNJ Document 34 Filed 08/07/19 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-693V Filed: April 25, 2019 UNPUBLISHED FLINT ALLEN, 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. Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner. Julia Marter Collison, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Dorsey, Chief Special Master: On May 16, 2018, 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”) after receiving the influenza vaccination on October 21, 2016. Petition at 1. Petitioner further alleges that he received the vaccination alleged in the United States, suffered the residual effects of his injury for more than six months, and that neither he nor any other party has filed a civil action or received compensation for his injury, alleged as vaccine caused. Id. at ¶¶ 14-16. The case was assigned to the Special Processing Unit of the Office of Special Masters. 1 The undersigned intends to post this ruling on the United States Court of Federal Claims' website. This means the ruling 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 ruling 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. Case 1:18-vv-00693-UNJ Document 34 Filed 08/07/19 Page 2 of 2 On April 25, 2019, 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 indicates that “[i]t is respondent’s position that petitioner has satisfied the criteria set forth in the Vaccine Injury Table (Table) and the Qualifications and Aids to Interpretation (QAI).” Id. at 4. 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_18-vv-00693-1 Date issued/filed: 2019-11-27 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 09/27/2019) regarding 40 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-00693-UNJ Document 44 Filed 11/27/19 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-0693V Filed: September 27, 2019 UNPUBLISHED FLINT ALLEN, 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. Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner. Julia Marter Collison, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 Dorsey, Chief Special Master: On May 16, 2018, 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”) after receiving the influenza vaccination on October 21, 2016. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On April 25, 2019, a ruling on entitlement was issued, finding petitioner entitled to compensation for his GBS. On September 27, 2019, respondent filed a proffer on award of compensation (“Proffer”) indicating petitioner should be awarded $93,700.19, representing $92,500.00 in compensation for petitioner’s past and future pain and 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. Case 1:18-vv-00693-UNJ Document 44 Filed 11/27/19 Page 2 of 5 suffering3 and $1,200.19 in compensation for petitioner’s past unreimbursable expenses. Proffer at 1-2. In the Proffer, respondent represented that petitioner agrees with the proffered award. Id. 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 $93,700.19, representing $92,500.00 in compensation for petitioner’s actual and projected pain and suffering and $1,200.19 in compensation for petitioner’s past unreimbursable expenses in the form of a check payable to petitioner, Flint Allen. 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.4 IT IS SO ORDERED. s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master 3 Any amounts awarded for future pain and suffering have been reduced to net present value. See § 15(a)(4) (requiring this reduction for amounts awarded for projected pain and suffering). 4 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 1:18-vv-00693-UNJ Document 44 Filed 11/27/19 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS FLINT ALLEN, Petitioner, No. 18-693V Chief Special Master Dorsey v. ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On May 16, 2018, Flint Allen (“petitioner”) filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act” or “Act”), alleging that he suffered Guillain-Barré Syndrome (“GBS”) as a result of an influenza (“flu”) vaccine administered to him on October 21, 2016. On April 25, 2019, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that petitioner’s GBS case is appropriate for compensation under the terms of the Act, and on April 25, 2019, the Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. I. Items of Compensation A. Pain and Suffering Respondent proffers that Flint Allen should be awarded $92,500.00 in actual and projected pain and suffering. This amount reflects that the award for projected pain and suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. Case 1:18-vv-00693-UNJ Document 44 Filed 11/27/19 Page 4 of 5 B. Past Unreimbursable Expenses Evidence supplied by petitioner documents Flint Allen’s expenditure of past unreimbursable expenses as a result of his vaccine injury. Respondent proffers that petitioner should be awarded past unreimbursable expenses in the amount of $1,200.19, as provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(1)(B). Petitioner agrees. II. Form of the Award Petitioner is a competent adult. Evidence of guardianship is not required in this case. Respondent recommends that the compensation provided to Flint Allen should be made through a lump sum payment as described below and requests that the Special Master’s decision and the Court’s judgment award the following1: a lump sum payment of $93,700.19, representing compensation for pain and suffering ($92,500.00), and past unreimbursable expenses ($1,200.19), in the form of a check payable to petitioner, Flint Allen. III. Summary of Recommended Payments Following Judgment Lump sum payable to petitioner, Flint Allen: $93,700.19 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 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 lost earnings and future pain and suffering. 2 Case 1:18-vv-00693-UNJ Document 44 Filed 11/27/19 Page 5 of 5 ALEXIS B. BABCOCK Assistant Director Torts Branch, Civil Division /s/ Julia M. Collison JULIA M. COLLISON Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Ben Franklin Station Washington, DC 20044-0146 Tel: (202) 305-0102 Dated: September 27, 2019 3