Patrick v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 22-1615V

ALPHA PATRICK, Chief Special Master Corcoran Petitioner, Filed: August 14, 2024 v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent.

Celia Farrar Hastings, Milberg Coleman Bryson Phillips Grossman, Knoxville, TN, for Petitioner.

Ryan Pohlman Miller, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES 1

On October 28, 2022, Alpha Patrick 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 vaccine administered on September 28, 2020. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On January 4, 2024, a ruling on entitlement was issued, finding Petitioner entitled to compensation for GBS. On August 14, 2024, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $175,000.00. Proffer at 1-2. 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.

1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government Services). This means the Decision will be available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will redact such material from public access. 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2018).

Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $175,000.00 in the form of a check payable to Petitioner. This amount represents compensation for all damages that would be available under Section 15(a).

The Clerk of 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

ALPHA PATRICK,

Petitioner,

Case No. 22-1615V (SPU) v. Chief Special Master Corcoran ECF

SECRETARY OF HEALTH

AND HUMAN SERVICES,

Respondent.

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On October 28, 2022, Alpha Patrick (“petitioner”) filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act” or “Act”), as amended, alleging that that she suffered Guillain-Barré Syndrome (“GBS”) as a result of an influenza (“flu”) vaccination administered to her on September 28, 2020. See Petition. On December 29, 2023, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that this case is appropriate for compensation under the terms of the Act for a GBS Table injury, ECF No. 38, and on January 4, 2024, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation, ECF No. 40.

I. Items of Compensation

A. Pain and Suffering

Respondent proffers that petitioner should be awarded $175,000.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

This amount represents all elements of compensation to which petitioner is entitled under U.S.C. § 300aa-15(a). 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 as described below and requests that the Chief Special Master’s decision and the Court’s judgment award the following1: a lump sum payment of $175,000.00, in the form of a check payable to the petitioner.

III. Summary of Recommended Payment Following Judgment

Lump sum payable to the petitioner, Alpha Patrick: $175,000.00 Respectfully submitted, BRIAN M. BOYNTON

Principal Deputy Assistant Attorney General C. SALVATORE D’ALESSIO Director

Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director

Torts Branch, Civil Division

JULIA M. COLLISON

Assistant Director

Torts Branch, Civil Division /s/ Ryan Pohlman Miller

RYAN POHLMAN MILLER

Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146, Ben Franklin Station Washington, D.C. 20044-0146

Tel: (202) 305-3027

Email: [email protected]

Date: August 14, 2024