Echols v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: June 6, 2022 * * * * * * * * * * ** * JUDY ECHOLS, * UNPUBLISHED * Petitioner, * No. 17-838V * v. * Special Master Gowen * SECRETARY OF HEALTH * Decision on Damages; Proffer; AND HUMAN SERVICES, * Influenza (“Flu”); Left Brachial * Plexopathy.

Respondent. * * * * * * * * * * * * * * Lauran Levenberg, Muller Brazil, LLP, Dresher, PA, for Petitioner.

Katherine Esposito, U.S. Dept. of Justice, Washington, D.C., for respondent.

DECISION ON DAMAGES 1 On June 21, 2017, Judy Echols (“petitioner”) filed a petition in the National Vaccine Injury Compensation Program. 2 Petition (ECF No. 1). Petitioner alleged that as a result of receiving the influenza (“Flu”) vaccine on November 12, 2015, she suffered from left brachial plexopathy. Id. On September 14, 2021, the undersigned issued a Ruling on Entitlement, finding that petitioner was entitled to compensation. Ruling on Entitlement (ECF No. 71).

On June 6, 2022, the respondent filed a Proffer of Award of Compensation, which indicates petitioner’s agreement to compensation on the terms set forth therein. Proffer (ECF No. 88). The proffer is attached hereto as Appendix A.

Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this opinion contains a reasoned explanation for the action in this case, I intend to post it on the website of the United States Court of Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. Before the opinion is posted on the court’s website, each party has 14 days to file a motion requesting redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). An objecting party must provide the court with a proposed redacted version of the opinion. Id. If neither party files a motion for redaction within 14 days, the opinion will be posted on the court’s website without any changes. Id. The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-10 to 34 (2012) (hereinafter “Vaccine Act” or “the Act”). Hereinafter, individual section references will be to 42 U.S.C. § 300aa of the Act.

Consistent with the terms in the attached Proffer, I hereby award the following in compensation for all damages that would be available under 42 U.S.C. §300aa-15(a): 1) A lump sum payment of $110,192.54 (consisting of $110,000.00 for past pain and suffering, and $192.54 for past unreimbursed expenses) in the form of a check made payable to petitioner.

The Clerk of the Court is directed to ENTER JUDGMENT in accordance with this decision. 3 IT IS SO ORDERED.

s/Thomas L. Gowen Thomas L. Gowen Special Master

Entry of judgment is expedited by each party’s filing notice renouncing the right to seek review. Vaccine Rule 11(a).