Parker v. Secretary of Health and Human Services

Opinion

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: March 12, 2025

************************* LARRY J. PARKER, * PUBLISHED * Petitioner, * No. 20-411V * v. * Special Master Nora Beth Dorsey * SECRETARY OF HEALTH * Damages Award; Pneumococcal Conjugate AND HUMAN SERVICES, * (“Prevnar 13”) Vaccine; Guillain-Barré * Syndrome (“GBS”). Respondent. * * *************************

Brett Slavicek, Brett L. Slavicek PC, Phoenix, AZ, for Petitioner. Lynn Christina Schlie, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES BASED ON PROFFER 1

On April 9, 2020, Larry J. Parker (“Petitioner”) filed a petition for compensation under the National Vaccine Injury Compensation Program (“Vaccine Act” or “the Program”), 42 U.S.C. § 300aa-10 et seq. (2018). 2 Petitioner alleged that he suffered Guillain-Barré Syndrome (“GBS”) as the result of a pneumococcal conjugate (“Prevnar 13”) vaccination he received on April 4, 2017. Petition at Preamble, ¶ 24 (ECF No. 1); Amended (“Am.”) Petition at Preamble, ¶ 24 (ECF No. 12). On December 20, 2023, the undersigned issued a ruling finding Petitioner entitled to compensation. Ruling on Entitlement dated Dec. 20, 2023 (ECF No. 86).

1 Because this Decision contains a reasoned explanation for the action in this case, the undersigned is required to post it 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, the undersigned agrees that the identified material fits within this definition, the undersigned will redact such material from public access. 2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-10 to -34 (2018). All citations in this Decision to individual sections of the Vaccine Act are to 42 U.S.C. § 300aa. On March 11, 2025, Respondent filed a Proffer on Award of Compensation (“Proffer”), attached hereto as Appendix A. In the Proffer, Respondent represented that Petitioner agrees with the proffered award. Proffer at 1-2. 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 attached Proffer, the undersigned awards Petitioner:

(1) A lump sum payment of $149,088.72, representing $123,214.00 in pain and suffering, $7,921.89 in unreimbursable expenses, and $17,952.83 in lost wages, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner.

Proffer at 1. This amount represents all elements of compensation to which Petitioner is entitled under § 15(a). Id.

In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of the Court SHALL ENTER JUDGMENT herewith. 3

IT IS SO ORDERED.

s/Nora Beth Dorsey Nora Beth Dorsey Special Master

3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice renouncing the right to seek review.

2 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS __________________________________________ ) LARRY J. PARKER, ) ) Petitioner, ) No. 20-411V v. ) Special Master Dorsey ) ECF SECRETARY OF HEALTH ) AND HUMAN SERVICES, ) ) Respondent. ) __________________________________________)

PROFFER ON AWARD OF COMPENSATION

On April 9, 2020, Larry J. Parker (“petitioner”) filed a petition for compensation under

the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-10 et seq., alleging that

a pneumococcal conjugate vaccination (PCV-13) administered to him on April 4, 2017, caused

him to develop Guillain-Barré Syndrome (“GBS”). Petition at 1. On December 20, 2023,

Special Master Dorsey issued a Ruling on Entitlement finding that petitioner is entitled to

compensation. ECF No. 87. Respondent now proffers the following regarding the amount of

compensation to be awarded. 1

I. Items of Compensation

A. Pain and Suffering

Respondent proffers that petitioner should be awarded $123,214.00 in pain and suffering.

See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

1 Respondent has no objection to the amount of the proffered award of damages set forth herein. Assuming the Special Master issues a damages decision in conformity with this proffer, respondent waives his right to seek review of such damages decision. However, respondent reserves his right, pursuant to 42 U.S.C. § 300aa-12(e), to seek review of the Special Master’s December 20, 2023, entitlement decision. B. Past Unreimbursable Expenses

Evidence supplied by petitioner documents that he incurred past unreimbursable expenses

related to his vaccine-related injury. Respondent proffers that petitioner should be awarded past

unreimbursable expenses in the amount of $7,921.89. See 42 U.S.C. § 300aa-15(a)(1)(B).

Petitioner agrees.

C. Lost Wages

Evidence supplied by petitioner documents that he incurred lost wages related to his

vaccine-related injury. Respondent proffers that petitioner should be awarded lost wages in the

amount of $17,952.83. See 42 U.S.C. § 300aa-15(a)(3)(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 of $149,088.72, to be paid through an ACH deposit to petitioner’s counsel’s

IOLTA account for prompt disbursement to petitioner. Petitioner agrees.

Respectfully submitted,

YAAKOV M. ROTH Acting Assistant Attorney General

C. SALVATORE D’ALESSIO Director Torts Branch, Civil Division

HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division

VORIS R. JOHNSON Assistant Director Torts Branch, Civil Division

2 /s/ Lynn C. Schlie LYNN C. SCHLIE 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) 616-3667 Email: lynn.schlie@usdoj.gov

DATED: March 11, 2025