VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01593 Package ID: USCOURTS-cofc-1_18-vv-01593 Petitioner: Travis Reitter Filed: 2018-10-15 Decided: 2019-12-17 Vaccine: influenza Vaccination date: 2016-10-08 Condition: Guillain-Barre syndrome (GBS) Outcome: compensated Award amount USD: 177389 AI-assisted case summary: Travis Reitter filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered Guillain-Barré syndrome (GBS) as a result of an influenza vaccine he received on October 8, 2016. The case was assigned to the Special Processing Unit. On October 9, 2019, the respondent filed a Rule 4(c) report conceding that Mr. Reitter is entitled to compensation, as he satisfied the criteria set forth in the Vaccine Injury Table. Subsequently, on October 15, 2019, the respondent filed a proffer on award of compensation, stating that Mr. Reitter should be awarded $177,389.35 for pain and suffering and past unreimbursed expenses. The proffer indicated that Mr. Reitter, who is a competent adult, agreed with this award. Based on the record, the Chief Special Master found Mr. Reitter entitled to compensation and awarded him a lump sum payment of $177,389.35. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01593-0 Date issued/filed: 2019-12-05 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 10/09/2019) regarding 23 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01593-UNJ Document 37 Filed 12/05/19 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1593V Filed: October 9, 2019 UNPUBLISHED TRAVIS REITTER, Petitioner, Special Processing Unit (SPU); v. Ruling on Entitlement; Concession; Table Injury; Influenza (Flu) Vaccine; SECRETARY OF HEALTH AND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. Brenton Aaron Elswick, Maglio Christopher & Toale, Seattle, WA, for petitioner. Lara Ann Englund, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Corcoran, Chief Special Master: On October 15, 2018, Travis Reitter (“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”) as a result of an influenza (“flu”) vaccine he received on October 8, 2016. Petition at 1-2. The case was assigned to the Special Processing Unit of the Office of Special Masters. 1 I intend 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, I agree that the identified material fits within this definition, I will redact such material from public access. Because this unpublished ruling 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-01593-UNJ Document 37 Filed 12/05/19 Page 2 of 2 On October 8, 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 “[m]edical personnel at the Division of Injury Compensation Programs, Department of Health and Human Services (‘DICP’), have reviewed the petition and medical records filed in the case. It 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.” Id. at 7. In view of respondent’s position and the evidence of record, I find that petitioner is entitled to compensation. IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 2 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_18-vv-01593-1 Date issued/filed: 2019-12-17 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 10/15/2019) regarding 26 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01593-UNJ Document 38 Filed 12/17/19 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1593V Filed: October 15, 2019 UNPUBLISHED TRAVIS REITTER, 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. Brenton Aaron Elswick, Maglio Christopher & Toale, PA, Seattle, WA, for petitioner. Lara Ann Englund, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 Corcoran, Chief Special Master: On October 15, 2018, Travis Reitter (“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”) as a result of an influenza (“flu”) vaccine he received on October 8, 2016. Petition at 1-2. The case was assigned to the Special Processing Unit of the Office of Special Masters. On October 9, 2019, a ruling on entitlement was issued, finding petitioner entitled to compensation. On October 15, 2019, respondent filed a proffer on award of compensation (“Proffer”) indicating petitioner should be awarded $177,389.35, consisting of pain and suffering and past unreimbursed expenses. Proffer at 1. In the 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-01593-UNJ Document 38 Filed 12/17/19 Page 2 of 4 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 $177,389.35 (representing compensation for pain and suffering and past unreimbursed expenses) in the form of a check payable to petitioner, Travis Reitter. 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-01593-UNJ Document 38 Filed 12/17/19 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS TRAVIS REITTER, ) ) Petitioner, ) ) v. ) No. 18-1593V ) Chief Special Master Brian Corcoran SECRETARY OF ) HEALTH AND HUMAN SERVICES, ) ) Respondent. ) ) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On October 8, 2019, respondent filed a Vaccine Rule 4(c) report concluding that petitioner suffered Guillain-Barre Syndrome within the Table timeframe following an influenza vaccination, and conceding petitioner’s entitlement to compensation under the National Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C. §§300aa-10 to -34. Accordingly, on October 9, 2019, the Chief Special Master issued a Ruling on Entitlement. I. Items of Compensation Respondent proffers that petitioner should be awarded $177,389.35, consisting of pain and suffering and past unreimbursed expenses, which represents all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. II. Form of the Award Respondent recommends that the compensation provided to petitioner should be made through a lump sum payment of $177,389.35 in the form of a check payable to petitioner.1 This 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 medical expenses, future pain and suffering, and future lost wages. Case 1:18-vv-01593-UNJ Document 38 Filed 12/17/19 Page 4 of 4 lump sum payment represents all elements of compensation to which petitioner is 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 s/ LARA A. ENGLUND LARA A. ENGLUND 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) 307-3013 E-mail: lara.a.englund@usdoj.gov Dated: October 15, 2019 2