Daniels v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 18-0850V Filed: July 26, 2019 UNPUBLISHED

MICHELLE DANIELS,

Petitioner, v. Special Processing Unit (SPU);

Damages Decision Based on Proffer; SECRETARY OF HEALTH AND Influenza (Flu) Vaccine; Guillain- HUMAN SERVICES, Barre Syndrome (GBS)

Respondent.

John Robert Howie, Howie Law, PC, Dallas, TX, for petitioner.

Mollie Danielle Gorney, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES1

Dorsey, Chief Special Master:

On June 14, 2018, petitioner 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 she suffered Guillain-Barré Syndrome (GBS) caused by the influenza vaccination she received on October 4, 2017.3 Petition at 1, ¶¶ 1, 32. She asserts that her injury meets the definition of a Table Injury, GBS after receipt of the influenza vaccination. Id. at ¶ 32; see 42 C.F.R. § 100.3(a)(XIV)(D). The case was assigned to the Special Processing Unit of the Office of Special Masters.

On May 21, 2019, a ruling on entitlement was issued, finding petitioner entitled to compensation for her GBS. On July 26, 2019, respondent filed a proffer on award of compensation (“Proffer”) indicating petitioner should be awarded $107,222.40, representing $100,000.00 for petitioner’s pain and suffering and $7,222.40 for petitioner’s actual unreimbursable expenses. Proffer at 1. 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 attached Proffer, the undersigned awards petitioner a lump sum payment of $107,222.40, representing $100,000.00 for petitioner’s pain and suffering and $7,222.40 for petitioner’s actual unreimbursable expenses in the form of a check payable to petitioner, Michelle Daniels. 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.4 IT IS SO ORDERED. s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master

IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS

) MICHELLE DANIELS, )

) Petitioner, )

) No. 18-850V v. ) Chief Special Master Dorsey

) ECF SECRETARY OF HEALTH AND HUMAN ) SERVICES, )

) Respondent. )

) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Items of Compensation

On May 20, 2019, respondent conceded that entitlement to compensation was appropriate under the terms of the Vaccine Act. Thereafter, on May 21, 2019, Chief Special Master Dorsey issued a Ruling on Entitlement, finding that petitioner was entitled to vaccine compensation for her Guillain-Barré Syndrome (“GBS”). Based upon the evidence of record, respondent proffers that petitioner should be awarded $107,222.40. The award is comprised of the following: $100,000.00 for pain and suffering and $7,222.40 for past, unreimbursed medical expenses. 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 compensation provided to petitioner should be made through a lump sum payment of $107,222.40, 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, JOSEPH H. HUNT Assistant Attorney General C. SALVATORE D’ALESSIO Acting Director Torts Branch, Civil Division CATHARINE E. REEVES Deputy Director Torts Branch, Civil Division GABRIELLE FIELDING Assistant Director Torts Branch, Civil Division /s/ Mollie D. Gorney Mollie D. Gorney 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- 4029 [email protected]

Dated: July 26, 2019