Garstkiewicz v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 20-0644V UNPUBLISHED

PAMELA GARSTKIEWICZ, as Chief Special Master Corcoran executor of Estate of Edward Braddock Jones, III, Filed: December 21, 2020

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.

David John Carney, Green & Schafle LLC, Philadelphia, PA, for Petitioner.

Zoe Wade, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES1

On May 26, 2020, Pamela Garstkiewicz, as executor of the estate of Edward Braddock Jones 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 Mr. Jones developed Guillain-Barré syndrome (“GBS”), which caused his death, as a result of an influenza (“flu”) vaccine that was administered on October 15, 2019. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On December 15, 2020, a ruling on entitlement was issued, finding Petitioner, as executor of the estate of Edward Braddock Jones III, and on behalf of said estate, entitled to compensation. On December 18, 2020, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner, as executor of the estate of Edward Braddock Jones III, and on behalf of said estate, should be awarded $375,000.00 (comprised of $125,000.00 for pain and suffering and $250,000.00 for the statutory death benefit). Proffer at 1-2. 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 $375,000.00 (comprised of $125,000.00 for pain and suffering and $250,000.00 for the statutory death benefit) 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

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

__________________________________________

)

PAMELA GARSTKIEWICZ, as ) Executor of the Estate of Edward Braddock ) Jones, III, deceased, )

)

Petitioner, )

) No. 20-644 (ECF) v. ) Chief Special Master Corcoran

)

SECRETARY OF HEALTH ) AND HUMAN SERVICES, )

)

Respondent. )

__________________________________________)

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION I. Procedural History

On May 26, 2020, Pamela Garstkiewicz, as executor of the estate of Edward Braddock Jones III (“petitioner”) filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34, as amended. Petitioner alleges that, as a result of receiving the influenza (“flu”) vaccine on October 15, 2019, Mr. Jones developed Guillain- Barré Syndrome (“GBS”) which caused his death. See Petition. On December 14, 2020, 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. ECF No. 22. On December 15, 2020, this Court issued its Ruling on Entitlement. ECF No. 23.

II. Items of Compensation

Based upon the evidence of record, respondent proffers that petitioner, as executor of the estate of Edward Braddock Jones III, and on behalf of said estate, should be awarded a lump sum of $375,000.00 ($125,000.00 for pain and suffering, and $250,000.00 for the statutory death benefit). This amount represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.

III. Form of the Award

Respondent recommends that compensation provided to petitioner should be made through a lump sum payment of $375,000.00, in the form of a check payable to petitioner. Petitioner agrees.

Petitioner is a competent adult. Evidence of guardianship is not required in this case.

Respectfully submitted, JEFFERY BOSSERT CLARK Acting 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/ Zoë Wade ZOË WADE Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146, Ben Franklin Station Washington, D.C. 20044-0146 Tel: (202) 616-4118 Fax: (202) 616-4310 Email: [email protected]

Dated, December 18, 2020.