VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01267 Package ID: USCOURTS-cofc-1_18-vv-01267 Petitioner: Ryan Bronson Filed: 2018-08-22 Decided: 2019-12-26 Vaccine: influenza Vaccination date: 2015-10-15 Condition: Guillain-Barré syndrome Outcome: compensated Award amount USD: 184865 AI-assisted case summary: Ryan Bronson filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he developed Guillain-Barré syndrome (GBS) as a result of an influenza vaccine he received on October 15, 2015. The respondent conceded that Mr. Bronson is entitled to compensation, stating that he met the criteria for a Table injury. Specifically, the respondent agreed that the diagnosis of GBS was sound, the onset occurred within the Table's specified timeframe after a seasonal flu vaccination, and there was no identified more likely alternative diagnosis. The respondent further agreed that Mr. Bronson suffered the residual effects of his GBS for more than six months, satisfying all legal prerequisites for compensation. Consequently, the court found Mr. Bronson entitled to compensation. A subsequent decision awarded Mr. Bronson a total of $184,865.23. This amount included $175,000.00 for his past and future pain and suffering and $9,865.23 for documented past lost wages. The award was made as a lump sum payment. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01267-0 Date issued/filed: 2019-10-18 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 07/12/2019) regarding 46 Ruling on Entitlement Signed by Special Master Nora Beth Dorsey. (ypb) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01267-UNJ Document 52 Filed 10/18/19 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1267V Filed: July 12, 2019 UNPUBLISHED RYAN BRONSON, Petitioner, Special Processing Unit (SPU); v. Ruling on Entitlement; Concession; Table Injury; Influenza (Flu) Vaccine; SECRETARY OF HEALTH Guillain-Barre Syndrome (GBS) AND HUMAN SERVICES, Respondent. Tonya Anne Oliver, Bichler, Oliver, Longo & Fox PLLC, Tampa, FL, for petitioner. Lisa Ann Watts, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Dorsey, Chief Special Master: On August 22, 2018, Ryan Bronson (“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 developed Guillain-Barré syndrome (“GBS”) as a result of an influenza (“flu”) vaccine he received on October 15, 2015. Petition at ¶¶1-21. The case was assigned to the Special Processing Unit of the Office of Special Masters. On July 10, 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 states “that petitioner has satisfied the criteria set forth in the 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. 1 Case 1:18-vv-01267-UNJ Document 52 Filed 10/18/19 Page 2 of 2 recently revised Vaccine Injury Table (‘Table’) and the Qualifications and Aids to Interpretation (‘QAI’), which afford petitioner a presumption of causation if: the diagnosis of GBS is sound; the onset of GBS occurs between three and forty-two days after a seasonal flu vaccination; and, there is no identified more likely alternative diagnosis.” Id. at 3. Respondent further agrees that petitioner suffered the residual effects of his GBS for more than six months and therefore, petitioner has satisfied all legal prerequisites for compensation under the Act. Id. 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_18-vv-01267-1 Date issued/filed: 2019-12-26 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 10/31/2019) regarding 55 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (ypb) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01267-UNJ Document 59 Filed 12/26/19 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1267V Filed: October 31, 2019 UNPUBLISHED RYAN BRONSON, 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. Tonya Anne Oliver, Bichler, Oliver, Longo & Fox PLLC, for petitioner. Lisa Ann Watts, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 Corcoran, Chief Special Master: On August 22, 2018, Ryan Bronson 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 developed Guillain-Barré syndrome (“GBS”) as a result of an influenza (“flu”) vaccine he received on October 15, 2015. Petition at ¶¶1-21. The case was assigned to the Special Processing Unit of the Office of Special Masters. On July 12, 2019, a ruling on entitlement was issued, finding petitioner entitled to compensation for GBS. On October 31, 2019, respondent filed a proffer on award of compensation (“Proffer”) indicating petitioner should be awarded $184,865.23, consisting of $175,000.00 for his past and future pain and suffering and $9,865.23 for documented 1 I intend 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, I agree that the identified material fits within this definition, I will redact such material from public access. 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). 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-01267-UNJ Document 59 Filed 12/26/19 Page 2 of 4 past lost wages. Proffer at 1. In the Proffer, respondent represented that petitioner agrees with the 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 $184,865.23 (consisting of $175,000.00 for his past and future pain and suffering and $9,865.23 for documented past lost wages), in the form of a check payable to petitioner, Ryan Bronson. 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-01267-UNJ Document 59 Filed 12/26/19 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS RYAN BRONSON, Petitioner, v. No. 18-1267V Chief Special Master Corcoran SECRETARY OF HEALTH AND ECF-SPU HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On August 22, 2018, Ryan Bronson (“petitioner”) filed a petition for vaccine injury compensation alleging that he developed Guillain-Barré syndrome (“GBS”), a Table injury, following receipt of an influenza (“flu”) vaccination administered on October 15, 2015. Respondent filed his Rule 4(c) Report conceding entitlement to compensation on July 10, 2019. The Court issued a Ruling on Entitlement on July 12, 2019. I. Items of Compensation Based upon the evidence of record, respondent proffers that petitioner should be awarded a total of $184,865.23, consisting of $175,000.00 for his past and future pain and suffering and $9,865.23 for documented past lost wages. This represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees. 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 damages. 1 Case 1:18-vv-01267-UNJ Document 59 Filed 12/26/19 Page 4 of 4 II. Form of the Award The parties recommend that the compensation provided to petitioner should be made through a lump sum payment of $184,865.23 in the form of a check payable to petitioner.2 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 Tel.: (202) 616-4099 DATED: October 31, 2019 2 Petitioner is a competent adult. Proof of guardianship is not required in this case. 2