Laing v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: April 1, 2026 ************************* ROBERT LAING, * PUBLISHED * Petitioner, * No. 20-1130V * v. * Special Master Nora Beth Dorsey * SECRETARY OF HEALTH * Damages Award; Influenza (“Flu”) Vaccine; AND HUMAN SERVICES, * Guillain-Barré Syndrome (“GBS”); Pain and * Suffering; Out-of-Pocket Expenses; Life Respondent. * Care Plan. * ************************* Jessi Carin Huff, mctlaw, Seattle, WA, for Petitioner.

Benjamin Patrick Warder, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES BASED ON PROFFER 1 On September 3, 2020, Robert Laing (“Petitioner”) filed a petition for compensation under the National Vaccine Injury Compensation Program (“Vaccine Act” or “the Program”), 42 U.S.C. § 300aa-10 et seq. (2018). 2 Petitioner alleged that he suffered Guillain-Barré Syndrome (“GBS”) as a result of an influenza (“flu”) vaccine on October 12, 2017. Petition at 1, 5 (ECF No. 1). On July 20, 2021, a ruling finding Petitioner entitled to compensation issued. Ruling on Entitlement dated July 20, 2021 (ECF No. 25).

Because this Decision contains a reasoned explanation for the action in this case, the undersigned is required to post it 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, the undersigned agrees that the identified material fits within this definition, the undersigned will redact such material from public access.

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, U.S.C. §§ 300aa-10 to -34 (2018). All citations in this Decision to individual sections of the Vaccine Act are to 42 U.S.C. § 300aa.

On April 1, 2026, Respondent filed a Proffer on Award of Compensation (“Proffer”), attached hereto as Appendix A. In the Proffer, Respondent represented that Petitioner agrees with the proffered award. Proffer at 2-4. 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 attached Proffer, the undersigned awards Petitioner: (1) A lump sum payment of $157,726.79, representing compensation for life care expenses expected to be incurred during the first year after judgment ($30,151.82), pain and suffering ($127,500.00), and past unreimbursable expenses ($74.97), to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner, Robert Laing.

(2) An amount sufficient to purchase an annuity contract described in Section II.B. of the Proffer.

Proffer at 1. This amount represents all elements of compensation to which Petitioner is entitled under § 15(a). Id. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of the Court SHALL ENTER JUDGMENT herewith. 3 IT IS SO ORDERED.

s/Nora Beth Dorsey Nora Beth Dorsey Special Master

Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice renouncing the right to seek review.

IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) ROBERT LAING, ) ) Petitioner, ) ) No. 20-1130V (ECF) v. ) Special Master Dorsey ) SECRETARY OF HEALTH ) AND HUMAN SERVICES, ) ) Respondent. ) ) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On September 3, 2020, Robert Laing (“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”), alleging that he suffered from injuries, including Guillain-Barré syndrome (“GBS”), as a result of an influenza (“flu”) vaccine he received on October 12, 2017. ECF No. 1 at 1. On July 16, 2021, the Secretary of Health and Human Services (“respondent”) filed his Rule 4(c) report conceding that petitioner had satisfied the criteria set forth in the revised Vaccine Injury Table and the Qualifications and Aids to Interpretation for a GBS Table injury.

ECF No. 24. On July 20, 2021, Chief Special Master Corcoran issued an entitlement decision in favor of petitioner. ECF No. 29. Pursuant to the Notice of Reassignment issued on January 5, 2024, this case was reassigned to Special Master Dorsey. ECF No. 52. Respondent now proffers the following regarding the amount of compensation to be awarded.

I. Items of Compensation A. Life Care Items Respondent engaged life care planner Linda Curtis RN, MS, CCM, CNLCP, and petitioner engaged Kay Hairston, BSN, RN, CCM, CNLCP, to provide an estimation of petitioner’s future vaccine-injury related needs. For the purposes of this proffer, the term “vaccine injury” is as described in respondent’s Rule 4(c) report. All items of compensation identified in the life care plan are supported by the evidence, and are illustrated by the chart entitled Appendix A: Items of Compensation for Robert Laing, attached hereto as Tab A.

Respondent proffers that petitioner should be awarded all items of compensation set forth in the life care plan and illustrated by the chart attached at Tab A.1 Petitioner agrees.

B. Pain and Suffering Respondent proffers that petitioner should be awarded $127,500.00 in actual and projected pain and suffering. This amount reflects that any award for projected pain and suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

C. Past Unreimbursable Expenses Evidence supplied by petitioner documents his expenditure of past unreimbursable expenses pertaining to his vaccine-related injury. Respondent proffers that petitioner should be awarded past unreimbursable expenses in the amount of $74.97. See 42 U.S.C. § 300aa-15(a)(1)(B). Petitioner agrees.

II. Form of the Award The parties recommend that the compensation provided to petitioner should be made through a combination of lump sum payments and future annuity payments as described below,

The chart at Tab A illustrates respondent’s position on annual amounts for life care expenses.

Annual benefit years run from the date of judgment up to the first anniversary of the date of judgment, and every year thereafter up to the anniversary of the date of judgment. and request that the Special Master’s decision and the Court’s judgment award the following:2 A. A lump sum payment of $157,726.79, representing compensation for life care expenses expected to be incurred during the first year after judgment ($30,151.82), pain and suffering ($127,500.00), and past unreimbursable expenses ($74.97), to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner, Robert Laing.

B. An amount sufficient to purchase an annuity contract,3 subject to the conditions described below, that will provide payments for the life care items contained in the life care plan, as illustrated by the chart at Tab A, attached hereto, paid to the Life Insurance Company4 from

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

In respondent’s discretion, respondent may purchase one or more annuity contracts from one or more life insurance companies.

The parties further agree that the annuity payments cannot be assigned, accelerated, deferred, increased, or decreased by the parties and that no part of any annuity payments called for herein, nor any assets of the United States or the annuity company, are subject to execution or any legal process for any obligation in any manner. Petitioner and petitioner’s heirs, executors, administrators, successors, and assigns do hereby agree that they have no power or right to sell, assign, mortgage, encumber, or anticipate said annuity payments, or any part thereof, by assignment or otherwise, and further agree that they will not sell, assign, mortgage, encumber, or anticipate said annuity payments, or any part thereof, by assignment or otherwise.

The Life Insurance Company must have a minimum of $250,000,000 capital and surplus, exclusive of any mandatory security valuation reserve. The Life Insurance Company must have one of the following ratings from two of the following rating organizations: a. A.M. Best Company: A++, A+, A+g, A+p, A+r, or A+s; b. Moody’s Investor Service Claims Paying Rating: Aa3, Aa2, Aa1, or Aaa; c. Standard and Poor’s Corporation Insurer Claims-Paying Ability Rating: AA-, AA, AA+, or AAA; d. Fitch Credit Rating Company, Insurance Company Claims Paying Ability Rating: AA-, AA, AA+, or AAA. which the annuity will be purchased.5 Compensation for Year Two (beginning on the first anniversary of the date of judgment) and all subsequent years shall be provided through respondent’s purchase of an annuity, which annuity shall make payments directly to petitioner, Robert Laing, only so long as petitioner is alive at the time a particular payment is due. At respondent’s sole discretion, the periodic payments may be provided to petitioner in monthly, quarterly, annual, or other installments. The “annual amounts” set forth in the chart at Tab A describe only the total yearly sum to be paid to petitioner and do not require that the payment be made in one annual installment.

1. Growth Rate Respondent proffers that a four percent (4%) growth rate should be applied to all non- medical life care items, and a five percent (5%) growth rate should be applied to all medical life care items. Thus, the benefits illustrated in the chart at Tab A that are to be paid through annuity payments should grow as follows: four percent (4%) compounded annually from the date of judgment for non-medical items, and five percent (5%) compounded annually from the date of judgment for medical items. Petitioner agrees.

2. Life-Contingent Annuity Petitioner will continue to receive the annuity payments from the Life Insurance Company only so long as he, Robert Laing, is alive at the time that a particular payment is due.

Written notice shall be provided to the Secretary of Health and Human Services and the Life Insurance Company within twenty (20) days of Robert Laing’s death.

3. Guardianship Petitioner is a competent adult. Evidence of guardianship is not required in this case.

Petitioner authorizes the disclosure of certain documents filed by the petitioner in this case consistent with the Privacy Act and the routine uses described in the National Vaccine Injury IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) ROBERT LAING, ) ) Petitioner, ) ) No. 20-1130V (ECF) v. ) Special Master Dorsey ) SECRETARY OF HEALTH ) AND HUMAN SERVICES, ) ) Respondent. ) ) CERTIFICATE OF SERVICE I hereby certify that on April 1, 2026, the foregoing RESPONDENT’S PROFFER ON AWARD OF COMPENSATION and APPENDIX A were served via email upon petitioner.

/s/ Benjamin P. Warder BENJAMIN P. WARDER Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Telephone: (202) 532-5464 Email: [email protected]

Appendix A: Items of Compensation for Robert Laing Page 1 of 2 Lump Sum Compensation Compensation Compensation Compensation ITEMS OF COMPENSATION G.R. * M Year 1 Years 2-5 Year 6 Years 7-Life 2026 2027-2030 2031 2032-Life Medicare Part B Deductible 5% * Medigap F 5% M 5,910.00 5,910.00 5,910.00 5,910.00 Primary Care Physician 5% * Mileage: Primary Care Physician 4% 5.21 5.21 5.21 5.21 Neurology 5% * Mileage: Neurologist 4% 3.28 3.28 3.28 3.28 Pain Management 5% * Mileage: Pain Management 4% 4.20 4.20 4.20 4.20 Podiatry 4% 214.50 214.50 214.50 214.50 Mileage: Podiatry 4% 5.67 5.67 5.67 5.67 Counseling 4% * Mileage: Counseling 4% 37.80 Case Management 4% M 2,400.00 2,400.00 Vitamin B12 4% 14.60 14.60 14.60 14.60 Cane 4% 26.85 5.37 5.37 5.37 Rollator Walker 4% 89.99 18.00 18.00 18.00 Shower Chair 4% 173.29 34.66 34.66 34.66 Elevated Toilet 4% 53.55 10.71 10.71 10.71 All Terrain Scooter 4% 4,039.00 577.00 Scooter Batteries 4% 222.86 222.86 Manual Wheelchair 4% * Recreational Aids 4% 388.95 Recumbent Bike 4% 349.94 Compression Socks 4% 73.90 73.90 73.90 73.90 Reachers 4% 41.85 8.37 8.37 8.37 Stool 4% 80.58 16.12 16.12 16.12 Emergency Response System 4% M 437.40 437.40 437.40 437.40 Physical Therapy Evaluation 4% * Mileage: Physical Therapy Evaluation 4% 1.55 1.55 1.55 1.55 Occupational Therapy Evaluation 4% * Mileage: Occupational Therapy Evaluation 4% 1.55 1.55 1.55 1.55 Physical Therapy 4% * Mileage: Physical Therapy 4% 23.31 23.31 23.31 23.31 Occupational Therapy 4% * Mileage: Occupational Therapy 4% 23.31 23.31 23.31 23.31 Adaptive Driving Eval 4% 1,159.00 Mileage: Adaptive Driving Evaluation 4% 52.04 Personal Care Attendant 4% M 61,320.00 61,320.00 Cleaning Services 4% M 1,620.00 1,620.00 1,620.00 1,620.00 Home Modifications: Accessible Shower 0% 7,500.00 Home Modifications: Stairlift 0% 7,275.00 Appendix A: Items of Compensation for Robert Laing Page 2 of 2 Lump Sum Compensation Compensation Compensation Compensation ITEMS OF COMPENSATION G.R. * M Year 1 Years 2-5 Year 6 Years 7-Life 2026 2027-2030 2031 2032-Life Home Modifications: Ramp 0% 2,084.50 Car Adaptations: Hand Controls 0% 2,500.00 Scooter Carrier 4% 2,439.50 Pain and Suffering 127,500.00 Past Unreimbursable Expenses 74.97 Annual Totals 157,726.79 8,431.71 78,853.07 72,951.57 Note: Compensation Year 1 consists of the 12 month period following the date of judgment.

Compensation Year 2 consists of the 12 month period commencing on the first anniversary of the date of judgment.

As soon as practicable after entry of judgment, respondent shall make the following payment to petitioner for Yr 1 life care expenses ($30,151.82), pain and suffering ($127,500.00), and past unreimbursable expenses ($74.97): $157,726.79.

Annual amounts payable through an annuity for future Compensation Years follow the anniversary of the date of judgment.

Annual amounts shall increase at the rates indicated above in column G.R., compounded annually from the date of judgment.

Items denoted with an asterisk (*) covered by health insurance and/or Medicare.

Items denoted with an "M" payable in twelve monthly installments totaling the annual amount indicated.