Little v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 18-649V

Filed: May 28, 2019

UNPUBLISHED

Kellie Brown, Administrator of the

Estate of Kimberly J. Little,

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.

Matthew F. Belanger, Faraci Lange, LLP, Rochester, NY, for petitioner.

Robert Paul Coleman, III, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1 Dorsey, Chief Special Master:

On May 8, 2018, Kimberly J. Little filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq., (the “Vaccine Act”). The Petition alleges that Ms. Little suffered Guillain-Barre Syndrome (“GBS”) as a result of her October 15, 2015 influenza (“flu”) vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On May 28, 2019, a ruling on entitlement was issued, finding petitioner entitled to compensation for GBS. On May 22, 2019, respondent filed a proffer on award of compensation indicating petitioner should be awarded $140,000.00 in compensation for actual pain and suffering damages and $7,253.93 in funds to satisfy a New York State Medicaid lien. Respondent’s Rule 4(c) Report and Proffer on Award of Compensation (“Proffer”) at 3-4. In the Proffer, respondent represented that petitioner agrees with the proffered award. Id. 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, the undersigned awards the following:

A. A lump sum payment of $140,000.00, representing compensation for pain and suffering, in the form of a check payable to petitioner as administrator of the estate of Kimberly J. Little. No payment shall be made until petitioner provides respondent with documentation establishing that she has been appointed as administrator of Kimberly J. Little’s estate. If petitioner is not authorized by a court of competent jurisdiction to serve as administrator of Kimberly J. Little’s estate, any such payment shall be made to the party or parties appointed by a court of competent jurisdiction to serve as administrator of Kimberly J. Little’s estate upon submission of written documentation of such appointment to the Secretary.

B. A lump sum payment of $7,253.93, representing compensation for satisfaction of the New York State Medicaid lien, payable jointly to petitioner as administrator of Kimberly J. Little’s estate and Wayne County Department of Social Services Attn: Sheila Caralla

77 Water Street, P.O. Box 10 Lyons, New York 14489-0010

Recipient Name: Kimberly J. Little Case Number: M07053

Medicaid ID Number: AC92484A

Petitioner agrees to endorse this payment to the Wayne County Department of Social Services.

Respondent’s Proffer at 4. 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. 2

IT IS SO ORDERED. s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master

2 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.