Estate of Norma Ann Gold v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS Filed: October 28, 2020

* * * * * * * * * * * * * * JOHN GOLD, on behalf of the * Estate of NORMA ANN GOLD, *

* Petitioner, * No. 19-402V

* Special Master Sanders v. *

* Decision on Proffer; Damages; Influenza SECRETARY OF HEALTH * (“Flu”) Vaccine; Guillain-Barré AND HUMAN SERVICES, * Syndrome (“GBS”); Death.

* Respondent. *

* * * * * * * * * * * * * * Daniel H. Pfeifer, Pfeifer, Morgan & Stesiak, South Bend, IN, for Petitioner. Colleen C. Hartley, United States Department of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES1

On March 15, 2019, the Estate of Norma Ann Gold by its representative, John Gold, (“Petitioner”) filed a petition for compensation pursuant to the National Vaccine Injury Compensation Program (“Vaccine Program” or “the Program”).2 42 U.S.C. §§ 300aa-10 to -34 (2012). Petitioner alleged that the influenza vaccine Ms. Gold received on December 2, 2010, caused her to develop Guillain-Barré Syndrome (“GBS”). Pet. at 1, ECF No. 1. Petitioner further alleged that “Ms. Gold died as a consequence of the GBS she contracted due to the administration of the influenza vaccine.” Id. at 11.

On April 27, 2020, Respondent filed a supplemental Rule 4(c) Report, in which he stated that, based on the record, Petitioner “has satisfied all legal prerequisites for compensation” under the Program. ECF No. 18 at 5. Therefore, Respondent concluded that “this case is appropriate for compensation[.]” Id. at 1 (emphasis in original). On July 31, 2020, the undersigned issued a Ruling on Entitlement consistent with Respondent’s Rule 4(c) Report. ECF No. 19.

On September 8, 2020, Respondent filed a Proffer on Award of Compensation (“Proffer”). ECF No. 22. 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, attached as Appendix A, the undersigned awards Petitioner:

A lump sum payment of $391,750.00, consisting of pain and suffering ($141,750.00) and the statutory death benefit ($250,000.00), which represents all elements of compensation to which [P]etitioner would be entitled under 42 U.S.C. §§ 300aa-15(a), in the form of a check payable to [P]etitioner as the legal representative of the Estate of Norma Ann Gold, deceased.

Id. at 1-2.

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

IT IS SO ORDERED. s/Herbrina D. Sanders Herbrina D. Sanders Special Master

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

)

THE ESTATE OF NORMA ANN GOLD, ) by its Personal Representative JOHN GOLD, )

) Petitioner, ) No. 19-402V

) Special Master Sanders v. ) ECF

)

SECRETARY OF HEALTH AND HUMAN ) SERVICES, )

)

Respondent. )

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On March 15, 2019, the Estate of Norma Ann Gold by its Personal Representative John Gold (“petitioner”), filed a petition for vaccine injury compensation alleging that Ms. Gold suffered Guillain-Barre Syndrome (“GBS”) and death. On April 27, 2020, respondent conceded that entitlement to compensation was appropriate under the terms of the Vaccine Act. ECF 18. On July 31, 2020, Special Master Sanders issued a Ruling on Entitlement, incorporating respondent’s concession. ECF 19. The case is now in damages.

I. Items of Compensation Based upon the evidence of record, respondent proffers that petitioner should be awarded $391,750.00, consisting of pain and suffering ($141,750.00) and the statutory death benefit ($250,000.00), which 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 be provided to petitioner through a lump sum payment of $391,750.00 in the form of a check payable to petitioner as the legal representative of the Estate of Norma Ann Gold, deceased. 1 Petitioner agrees.

Respectfully submitted, JEFFREY BOSSERT CLARK Acting Assistant Attorney General C. SALVATORE D’ALESSIO Acting Director Torts Branch, Civil Division CATHARINE E. REEVES Deputy Director Torts Branch, Civil Division ALEXIS B. BABCOCK Assistant Director Torts Branch, Civil Division /s/ Colleen C. Hartley COLLEEN C. HARTLEY Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Phone: (202) 616-3644 Fax: (202) 353-2988

DATED: September 8, 2020