Acker v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS Filed: February 7, 2019

* * * * * * * * * * * * * * STEPHEN ACKER, * No. 17-242V

*

Petitioner, * Special Master Sanders

*

v. *

*

SECRETARY OF HEALTH * Decision on Proffer; Damages; Influenza AND HUMAN SERVICES, * (“Flu”) Vaccine; Guillain-Barré Syndrome

* (“GBS”) Respondent. *

* * * * * * * * * * * * * * Paul A. Kinne, Gingras, Cates & Luebke, S.C., Madison, WI, for Petitioner.

Lara Ann Englund, United States Department of Justice, Washington, D.C., for Respondent.

DECISION AWARDING DAMAGES1

On February 21, 2017, Stephen Acker (“Petitioner”) filed a petition for compensation pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-10 to 34 (2012). Petitioner alleged that the quadrivalent influenza vaccine he received on October 1, 2015, caused him to develop Guillain-Barré Syndrome (“GBS”). Pet. at 1, ECF No. 1. Petitioner further alleged that “[a]s a result of GBS, [he] was rendered largely bed-ridden[.]” Id. at 3.

On September 26, 2017, Respondent filed a Rule 4(c) Report, in which he concluded that “[P]etitioner [had] suffered an injury that is compensable under the National Childhood Vaccine Injury Act of 1986[.]” Resp’t’s Proffer at 1, ECF No. 32. On September 26, 2017, the undersigned issued a Ruling on Entitlement consistent with Respondent’s Rule 4(c) Report. ECF No. 18.

On January 5, 2019, Respondent filed a Proffer on Award of Compensation (“Proffer”). ECF No. 32. 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 Proffer, attached as Appendix A, the undersigned awards Petitioner:

A lump sum payment of $255,829.99, representing all elements of compensation to which Petitioner would be entitled under 42 U.S.C. § 300aa-15(a), in the form of a check payable to Petitioner.

Id.

In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of the Court shall enter judgment in accordance herewith.3

IT IS SO ORDERED. s/Herbrina D. Sanders Herbrina D. Sanders Special Master

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS STEPHEN ACKER, )

)

Petitioner, )

)

v. ) No. 17-242V

) Special Master Herbrina Sanders SECRETARY OF ) HEALTH AND HUMAN SERVICES, )

)

Respondent. )

)

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On September 26, 2017, respondent filed a Vaccine Rule 4(c) report concluding that petitioner suffered an injury that is compensable under the National Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C. §§300aa-10 to -34. Accordingly, on September 26, 2017, the Special Master issued a Ruling on Entitlement.

I. Items of Compensation

Respondent proffers that petitioner should be awarded $255,829.99. This amount represents all elements of compensation to which petitioner would be 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 $255,829.99 in the form of a check 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 GABRIELLE FIELDING Assistant Director Torts Branch, Civil Division s/ LARA A. ENGLUND LARA A. ENGLUND 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: [email protected] Dated: February 5, 2019