VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00913 Package ID: USCOURTS-cofc-1_18-vv-00913 Petitioner: Anderson Roy Dunn, III Filed: 2018-06-26 Decided: 2020-03-20 Vaccine: influenza Vaccination date: 2017-11-19 Condition: Guillain-Barre Syndrome (GBS) Outcome: compensated Award amount USD: 155025 AI-assisted case summary: Anderson Roy Dunn, III filed a petition for compensation under the National Vaccine Injury Compensation Program on June 26, 2018, alleging he suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine administered on November 19, 2017. The respondent filed a Rule 4(c) report on June 14, 2019, conceding that the petitioner was entitled to compensation. The respondent concluded that the petitioner satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation. On June 17, 2019, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding the petitioner entitled to compensation. Subsequently, on February 11, 2020, the respondent filed a proffer on award of compensation, recommending an award of $155,000.00 for pain and suffering and $25.00 for past unreimbursable expenses. The petitioner agreed with the proffered award. On March 20, 2020, Chief Special Master Brian H. Corcoran issued a decision awarding the petitioner a lump sum payment of $155,025.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The public decision does not describe the petitioner's specific symptoms, medical tests, treatments, or the mechanism of injury. Douglas Lee Burdette, of Burdette Law, PLLC, represented the petitioner, and Jennifer Leigh Reynaud, of the U.S. Department of Justice, represented the respondent. Theory of causation field: Petitioner Anderson Roy Dunn, III alleged Guillain-Barre Syndrome (GBS) following an influenza vaccine administered on November 19, 2017. The respondent conceded entitlement to compensation, finding that the GBS was a Table injury. The public text does not detail the specific mechanism of injury, expert testimony, or clinical findings. A ruling on entitlement was issued by Chief Special Master Nora Beth Dorsey on June 17, 2019. Subsequently, a proffer on award of damages was filed by respondent on February 11, 2020, recommending $155,000.00 for pain and suffering and $25.00 for past unreimbursable expenses. Petitioner agreed with the proffer. Chief Special Master Brian H. Corcoran issued a decision on March 20, 2020, awarding a lump sum of $155,025.00. Petitioner's counsel was Douglas Lee Burdette, and respondent's counsel was Jennifer Leigh Reynaud. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-00913-0 Date issued/filed: 2019-09-04 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 06/17/2019) regarding 31 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-00913-UNJ Document 36 Filed 09/04/19 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-913V Filed: June 17, 2019 UNPUBLISHED ANDERSON ROY DUNN, III, 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. Douglas Lee Burdette, Burdette Law, PLLC, North Bend, WA, for petitioner. Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Dorsey, Chief Special Master: On June 26, 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-Barre Syndrome (“GBS”) as a result of the influenza (“flu”) vaccine administered on November 19, 2017. Amended Petition at 1. 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. 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 1:18-vv-00913-UNJ Document 36 Filed 09/04/19 Page 2 of 2 On June 14, 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 concludes that petitioner has satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation 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-00913-1 Date issued/filed: 2020-03-20 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 02/13/2020) regarding 47 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-00913-UNJ Document 49 Filed 03/20/20 Page 1 of 5 CORRECTED In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-913V UNPUBLISHED ANDERSON ROY DUNN, III, Chief Special Master Corcoran Petitioner, Filed: February 13, 2020 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Damages Decision Based on Proffer; HUMAN SERVICES, Influenza (Flu) Vaccine; Guillain- Barre Syndrome (GBS) Respondent. Douglas Burdette, Burdette Law, PLLC, North Bend, WA , for petitioner. Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 On June 26, 2018, Anderson Roy Dunn, III 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-Barre Syndrome (“GBS”). Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On June 17, 2019, a ruling on entitlement was issued, finding Petitioner entitled to compensation for GBS. On February 11, 2020, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $155,000.00 in actual and projected pain and suffering and $25.00 in past unreimbursable expenses. Proffer at 1-2. In the Proffer, Respondent represented that Petitioner agrees with the 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 of 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 subparagraph of 42 U.S.C. § 300aa (2012). Case 1:18-vv-00913-UNJ Document 49 Filed 03/20/20 Page 2 of 5 proffered award. Id. Based on the record as a whole, I find that Petitioner is entitled to an award as stated in the Proffer. Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $155,025.00 in the form of a check payable to Petitioner. 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/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. 2 Case 1:18-vv-00913-UNJ Document 49 Filed 03/20/20 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ANDERSON ROY DUNN III, Petitioner, No. 18-913V v. Chief Special Master Corcoran ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. PROFFER ON AWARD OF DAMAGES On June 26, 2018, Anderson Roy Dunn III (“petitioner”) filed a petition for compensation (“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act” or “Act”), as amended. In the Petition, petitioner alleged that he suffered Guillain-Barré syndrome (“GBS”) following his receipt of an influenza (“flu”) vaccine administered on November 19, 2017. Respondent conceded petitioner’s entitlement to compensation in his Rule 4(c) Report filed on June 14, 2019. Based on Respondent’s Rule 4(c) Report the Chief Special Master found petitioner entitled to compensation. I. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $155,000.00 in actual and projected pain and suffering. This amount reflects that any award for projected pain and suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. 1 Case 1:18-vv-00913-UNJ Document 49 Filed 03/20/20 Page 4 of 5 B. Past Unreimbursable Expenses Evidence supplied by petitioner documents his expenditure of past unreimbursable expenses related to his vaccine-related injury. Respondent proffers that petitioner should be awarded past unreimbursable expenses in the amount of $25.00. Petitioner agrees. II. Form of the Award Respondent recommends that the compensation provided to petitioner should be made through a lump sum payment of $155,025.00, in the form of a check made payable to petitioner. 1 This lump sum payment represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). 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 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. 2 Case 1:18-vv-00913-UNJ Document 49 Filed 03/20/20 Page 5 of 5 s/Jennifer L. Reynaud JENNIFER L. REYNAUD 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) 305-1586 Date: February 11, 2020 3