Riley v. Secretary of Health and Human Services ( 2022 )

In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1814V
UNPUBLISHED
CALVIN RILEY, Chief Special Master Corcoran
Petitioner, Filed: July 5, 2022
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Influenza (Flu) Vaccine; Guillain-
Barre Syndrome (GBS)
Respondent.
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Nancy Tinch, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On December 9, 2020, Calvin Riley 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),
resulting from the influenza (flu) vaccination he received on December 21, 2017. Petition
at 1. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On June 7, 2022, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for GBS. On July 1, 2022, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $72,500.00. Proffer at
1. In the Proffer, Respondent represented that Petitioner agrees with the proffered award.
1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am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). 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.
2National 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).
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 $72,500.00 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.
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IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
CALVIN RILEY,
Petitioner,
v. No. 20-1814V
Chief Special Master Corcoran
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On December 9, 2020, Calvin Riley (“petitioner”) filed a petition for
compensation under the National Childhood Vaccine Injury Act of 1986, as amended
(“the Vaccine Act” or “the Act”), 42 U.S.C. §§ 300aa-1 to -34. Petitioner alleges that he
suffered Guillain-Barré syndrome (“GBS”) as a result of an influenza (“flu”) vaccine
administered to him on December 21, 2017. On January 24, 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 February 7, 2022, the Chief Special Master issued a Ruling on Entitlement finding
petitioner entitled to compensation. ECF No. 21.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $72,500.00 in pain and
suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
This amount 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 as described below and requests that the Chief
Special Master’s decision and the Court’s judgment award the following 1: a lump sum
payment of $72,500.00, in the form of a check payable to petitioner.
Petitioner is a competent adult. Evidence of guardianship is not required in this
case.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Calvin Riley: $72,500.00
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
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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.
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/s/ NANCY O. TINCH
Nancy O. Tinch
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146 Benjamin Franklin Station
Washington D.C. 20044-0146
(202) 305-2078
nancy.tinch@usdoj.gov
Dated: July 1, 2022
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