Dunn v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1431V UNPUBLISHED

CHARLOTTE DUNN, Chief Special Master Corcoran Petitioner, Filed: March 15, 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.

Theodore J. Hong, Maglio Christopher & Toale, PA, Seattle, WA, for petitioner.

Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES1 On September 19, 2018, Charlotte Dunn 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-Barre Syndrome (“GBS”) as a result of an influenza (“flu”) vaccine and/or pneumococcal vaccine administered on October 13, 2015. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On September 17, 2019, a ruling on entitlement was issued, finding Petitioner entitled to compensation. On March 15, 2021, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $300,705.33. Proffer at 1-2. In the Proffer, Respondent represented that Petitioner agrees with the proffered

If, upon review, I agree that the identified material fits within this definition, I will redact such material from public access.

Pursuant to the terms stated in the attached Proffer, I award Petitioner: • A lump sum payment of $269,000.00 (representing compensation in the amount of $250,000.00 in pain and suffering and $19,000.00 in actual and anticipated care expenses) in the form of a check payable to Petitioner.

• A lump sum of $31,705.33, representing compensation for satisfaction of the State of California Medicaid lien, in the form of a check payable jointly to Petitioner and Department of Health Care Services Recovery Branch – MS 4720 P.O. Box 997421 Sacramento, CA 95899-7421 DHCS Account No.: C95399920G-VAC02 Petitioner agrees to endorse this payment to Department of Health Care Services/California Medi-Cal. These amounts represent 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 CHARLOTTE DUNN, Petitioner, v. No. 18-1431V Chief Special Master Corcoran (SPU) SECRETARY OF HEALTH AND ECF HUMAN SERVICES, Respondent.

PROFFER ON AWARD OF COMPENSATION I. Procedural History On September 19, 2018, Charlotte Dunn (“petitioner”) filed a petition for compensation (“petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to - 34, as amended. She alleges that, as a result of receiving an influenza and/or pneumococcal conjugate vaccine on October 13, 2015, she suffered from Guillain-Barre Syndrome (“GBS”).

See Petition at ¶¶1, 29-30. On September 16, 2019, respondent filed his Vaccine Rule 4(c) report, concluding that petitioner suffered GBS as defined by the Vaccine Injury Table, within the Table timeframe, and on September 17, 2019, then-Chief Special Master Dorsey issued a ruling on entitlement, finding that petitioner was entitled to compensation for a GBS Table injury. ECF No. 32; ECF No. 33.

II. Items of Compensation Based upon the evidence of record, respondent proffers that petitioner should be awarded a lump sum of $300,705.33, for all damages, including $250,000.00 representative of pain and suffering, $19,000.00 for petitioner’s actual and anticipated care expenses, and $31,705.33 for reimbursement of a State of California Medi-Cal lien for services rendered on behalf of petitioner. Petitioner agrees.

This amount ($300,705.33) represents all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.

III. Form of the Award Respondent recommends that the compensation provided to petitioner should be made through two lump sum payments, as described below, and requests that the Chief Special Master’s decision and the Court’s judgment award the following:  A lump sum of $269,000.00 in the form of a check payable to petitioner; 1 and  A lump sum of $31,705.33, representing compensation for satisfaction of the State of California Medicaid lien, in the form of a check payable jointly to petitioner and Department of Health Care Services Recovery Branch – MS 4720 P.O. Box 997421 Sacramento, CA 95899-7421 DHCS Account No.: C95399920G-VAC02 Petitioner agrees to endorse this payment to Department of Health Care Services/California Medi-Cal. Petitioner is a competent adult. Evidence of guardianship is not required in this case.

Respectfully submitted, BRIAN M. BOYNTON Acting Assistant Attorney General C. SALVATORE D’ALESSIO Acting Director Torts Branch, Civil Division

Should petitioner die prior to entry of judgment, respondent would oppose any award for future medical expenses, future lost earnings, and future pain and suffering, and the parties reserve the right to move the Court for appropriate relief.

HEATHER L. PEARLMAN Acting Deputy Director Torts Branch, Civil Division DARRYL R. WISHARD Assistant Director Torts Branch, Civil Division s/ Adriana Teitel ADRIANA TEITEL Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146, Benjamin Franklin Station Washington, DC 20044-0146 Tel: (202) 616-3677 Email: [email protected] Dated: March 15, 2021