Higgins-Abato v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 20-268V UNPUBLISHED

MAUREEN HIGGINS-ABATO, Chief Special Master Corcoran

Petitioner, Filed: March 5, 2021 v.

Special Processing Unit (SPU); SECRETARY OF HEALTH AND Damages Decision Based on Proffer; HUMAN SERVICES, Influenza (Flu) Vaccine; Guillain-

Barre Syndrome (GBS) Respondent.

Jessica Olins, Maglio Christopher & Toale, PA, Washington, DC, for petitioner. Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

On March 11, 2020, Maureen Higgins-Abato 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 from Guillain-Barre Syndrome (“GBS”) as a result of an influenza (“flu”) vaccine administered on September 2, 2017. Petition at 1, 5. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On October 21, 2020, a ruling on entitlement was issued, finding Petitioner entitled to compensation for GBS. On March 5, 2021, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $215,526.60. Proffer at 1. In the Proffer, Respondent represented that Petitioner agrees with the proffered award. Id. Based on the record as a whole, I find that Petitioner is entitled to an award as stated in the Proffer.

Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $215,526.60 in the form of a check payable to Petitioner. 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. 3 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS __________________________________________

)

MAUREEN HIGGINS-ABATO, )

)

Petitioner, )

) No. 20-268V v. ) Chief Special Master Corcoran

) ECF SECRETARY OF HEALTH AND ) HUMAN SERVICES, )

)

Respondent. )

__________________________________________)

PROFFER ON AWARD OF COMPENSATION On October 16, 2020, respondent filed a Rule 4(c) Report, in which he conceded that petitioner sustained a Table injury of Guillain-Barre Syndrome (“GBS”) from the flu vaccine administered on September 7, 2017; that the records show that the case was timely filed; that the vaccine was received in the United States; and that petitioner satisfies the statutory severity requirement by suffering the residual effects or complications of her injury for more than six months after vaccine administration. ECF No. 23. On October 21, 2020, the Court issued a Ruling on Entitlement, finding that petitioner is entitled to compensation. ECF No. 26. I. Items of Compensation

Based upon the evidence of record, respondent proffers that petitioner should be awarded $215,526.60, which represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). 1 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 $215,526.60, in the form of a check payable to petitioner. Petitioner agrees.

Respectfully submitted, BRIAN M. BOYNTON Acting Assistant Attorney General C. SALVATORE D’ALESSIO Acting Director Torts Branch, Civil Division HEATHER L. PEARLMAN Acting Deputy Director Torts Branch, Civil Division /s/ Claudia B. Gangi CLAUDIA B. GANGI 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) 616-4138 Email: [email protected]

Dated: March 5, 2021