Frost v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 16-1671V

Filed: September 13, 2017 Not for Publication

*************************************

HELENE FROST, * *

Petitioner, * Damages decision based on * proffer; Guillain-Barré syndrome v. * (“GBS”); influenza (“flu”) vaccine *

SECRETARY OF HEALTH *

AND HUMAN SERVICES, * *

Respondent. * * *************************************

Jeffrey S. Pop, Beverly Hills, CA, for petitioner.

Lynn E. Ricciardella, Washington, DC, for respondent.

MILLMAN, Special Master

DECISION AWARDING DAMAGES 1

On December 20, 2016, petitioner filed a petition under the National Childhood Vaccine Injury Act, 42 U.S.C. §§ 300aa-10–34 (2012), alleging that she suffered Guillain-Barré syndrome (“GBS”) as a result of the influenza (“flu”) vaccination she received on November 18, 2015. Respondent stated in his Rule 4(c) Report filed on July 7, 2017 that he does not contest entitlement in this case.

On September 13, 2017, respondent filed Respondent’s Proffer on Award of Compensation. The undersigned finds the terms of the proffer to be reasonable. Based on the record as a whole, the undersigned finds that petitioner is entitled to the award as stated in the proffer. Pursuant to the terms stated in the attached proffer, the court awards a lump sum payment of $75,000.00, representing all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). The award shall be in the form of a check for $75,000.00 made payable to petitioner.

In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment herewith. 2

IT IS SO ORDERED.

Dated: September 13, 2017 /s/ Laura D. Millman Laura D. Millman Special Master

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS ______________________________________ )

HELENE FROST, ) )

Petitioner, ) ) v. ) No. 16-1671V ) Special Master Millman SECRETARY OF HEALTH AND HUMAN ) ECF

SERVICES, ) )

Respondent. ) ______________________________________ )

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Compensation for Vaccine Injury-Related Items:

Respondent proffers that, based on the evidence of record, petitioner, Helene Frost, should be awarded $75,000.00. 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:

The parties recommend that the compensation provided to Helene Frost should be made in a lump sum payment as described below, and request that the special master’s decision and the Court’s judgment award the following:1

A lump sum payment of $75,000.00 in the form of a check payable to petitioner, Helene Frost. This amount accounts for all elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner would be entitled.

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

Respectfully submitted,

CHAD A. READLER

Acting Assistant Attorney General C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division

CATHARINE E. REEVES

Deputy Director

Torts Branch, Civil Division

HEATHER L. PEARLMAN

Assistant Director

Torts Branch, Civil Division /s/ Lynn E. Ricciardella

LYNN E. RICCIARDELLA

Senior 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) 616-4356

Dated: September 13, 2017