VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01741 Package ID: USCOURTS-cofc-1_21-vv-01741 Petitioner: David D. Bronson Filed: 2021-08-23 Decided: 2024-09-25 Vaccine: influenza Vaccination date: 2020-09-23 Condition: Guillain-Barre Syndrome (GBS) Outcome: compensated Award amount USD: 211727 AI-assisted case summary: David D. Bronson filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccination he received on September 23, 2020. The case was assigned to the Office of Special Masters. On August 11, 2022, the Secretary of Health and Human Services filed a Rule 4(c) report conceding that Mr. Bronson was entitled to compensation, as his GBS was a Table injury and occurred within the Table time period. The respondent further agreed that the statutory severity requirements were met because Mr. Bronson experienced sequelae of his GBS for more than six months. Consequently, a ruling on entitlement was issued on August 12, 2022, finding Mr. Bronson entitled to compensation. Subsequently, on August 20, 2024, the respondent filed a proffer on award of compensation, recommending an award of $155,250.00 for pain and suffering and $56,477.00 for lost wages, totaling $211,727.00. Mr. Bronson agreed with this proffered award. A decision awarding damages was issued on September 25, 2024, granting Mr. Bronson a lump sum payment of $211,727.00. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-01741-0 Date issued/filed: 2022-09-21 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 08/12/2022) regarding 20 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-01741-UNJ Document 23 Filed 09/21/22 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1741V UNPUBLISHED DAVID D. BRONSON, Chief Special Master Corcoran Petitioner, Filed: August 12, 2022 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on Entitlement; Concession; HUMAN SERVICES, Table Injury; Influenza (Flu) Vaccine; Guillain-Barre Syndrome (GBS) Respondent. Lisa Annette Roquemore, Law Office of Lisa A. Roquemore, Rancho Santa Margarita, CA, for Petitioner. Mary Eileen Holmes, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On August 23, 2021, David 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 suffered a Table injury – Guillain-Barre Syndrome (“GBS”) – as a result of his influneza (“flu”) vaccination September 23, 2020. Petition at 8. Petitioner further alleges the vaccine was administered within the United States, that he suffered the residual effects of his injury for more than six months, and that there has been no prior award or settlement of a civil action on his behalf as a result of his injury. See Petition at 8-9. The case was assigned to the Special Processing Unit of the Office of Special Masters. 1 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). 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. 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Case 1:21-vv-01741-UNJ Document 23 Filed 09/21/22 Page 2 of 2 On August 11, 2022, 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 [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 this case and have concluded that petitioner suffered GBS following a flu vaccine within the Table time period, and there is not a preponderance of the medical evidence that petitioner’s GBS was due to a factor unrelated to the vaccination. Id. at 6 (citing 42 C.F.R. § 100.3(a); 42 U.S.C. § 300aa-13(a)(1)). Respondent further agrees that the claim also meets the statutory severity requirements because petitioner experienced sequelae of his GBS for more than six months. See 42 U.S.C. § 300aa-11(c)(1)(D)(i). Therefore, based on the record as it now stands, compensation is appropriate, as petitioner has satisfied all legal prerequisites for compensation under the Act. Id. 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_21-vv-01741-1 Date issued/filed: 2024-09-25 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 08/22/2024) regarding 57 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-01741-UNJ Document 61 Filed 09/25/24 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1741V DAVID D. BRONSON, Chief Special Master Corcoran Petitioner, Filed: August 22, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Lisa Annette Roquemore, Law Office of Lisa A. Roquemore, Rancho Santa Margarita, CA, for Petitioner. Mary Eileen Holmes, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On August 23, 2021, David D. 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 suffered a Table injury – Guillain-Barre Syndrome (“GBS”) – as a result of his influenza (“flu”) vaccination September 23, 2020. Petition at 8. The case was assigned to the Special Processing Unit of the Office of Special Masters. On August 12, 2022, a ruling on entitlement was issued, finding Petitioner entitled to compensation for GBS. On August 20, 2024, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $155,250.00 in pain and suffering and $56,477.00 in lost wages. Proffer at 1-2. In the Proffer, Respondent 1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2018). Case 1:21-vv-01741-UNJ Document 61 Filed 09/25/24 Page 2 of 5 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 $211,727.00 (representing $155,250.00 in pain and suffering and $56,477.00 in lost wages) in the form of a check payable to Petitioner. This amount represents compensation for all damages that would be available under Section 15(a). The Clerk of 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 1:21-vv-01741-UNJ Document 61 Filed 09/25/24 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ____________________________________ ) DAVID D. BRONSON, ) ) Petitioner, ) ) No. 21-1741V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND ) HUMAN SERVICES, ) ) Respondent. ) ____________________________________) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On August 23, 2021, David D. Bronson (“petitioner”), filed a petition seeking compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34, as amended (“Vaccine Act” or “Act”), alleging that he suffered a Table injury of Guillain- Barré Syndrome (“GBS”) as a result of an influenza (“flu”) vaccination administered on September 23, 2020.1 Petition at 1. On August 11, 2022, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that this case is appropriate for compensation under the terms of the Act for a GBS Table injury, and on August 12, 2022, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 19; ECF No. 20. I. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $155,250.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. 1 The Vaccine Injury Table (“Table”) is located at 42 C.F.R. § 100.3. Case 1:21-vv-01741-UNJ Document 61 Filed 09/25/24 Page 4 of 5 B. Lost Wages Evidence supplied by petitioner documents that he incurred past lost wages related to his vaccine-related injury. Respondent proffers that petitioner should be awarded past lost wages in the amount of $56,477.00. See 42 U.S.C. § 300aa-15(a)(3)(A). Petitioner agrees. These amounts represent all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). 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 petitioner should be made through a lump sum payment as described below and requests that the Chief Special Master’s decision and the Court’s judgment award the following2: a lump sum payment of $211,727.00, in the form of a check payable to petitioner. III. Summary of Recommended Payment Following Judgment Lump sum payable to petitioner, David D. Bronson: $ 211,727.00. Respectfully submitted, BRIAN M. BOYNTON Principal Deputy Assistant Attorney General C. SALVATORE D’ALESSIO Director Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division 2 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 1:21-vv-01741-UNJ Document 61 Filed 09/25/24 Page 5 of 5 VORIS E. JOHNSON, JR. Assistant Director Torts Branch, Civil Division /s/Mary E. Holmes MARY E. HOLMES Trial Attorney Torts Branch, Civil Division U. S. Department of Justice P.O. Box l46, Benjamin Franklin Station Washington, D.C. 20044-0146 Tel: (202) 616-5022 Mary.E.Holmes@usdoj.gov DATED: August 20, 2024 3