Bondi v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1935V

KATHLEEN BONDI, Chief Special Master Corcoran Petitioner, Filed: April 23, 2026 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent.

Ronald C. Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.

Crystal Fialkowski, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES 1 On November 21, 2024, Kathleen Bondi 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-Barré syndrome (“GBS”) after receiving an influenza vaccination on October 9, 2023. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On July 9, 2025, a ruling on entitlement was issued, finding Petitioner entitled to compensation for her GBS. On April 23, 2026, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $165,915.87, which is comprised of the following elements: $130,000.00 for pain and suffering, $31,925.11 for past lost wages, $3,955.76 for past unreimbursable expenses, and $35.00 for future medical care expenses. Proffer at 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.

Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $165,915.87, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement 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

KATHLEEN BONDI, Petitioner, v. No. 24-1935V Chief Special Master Corcoran SECRETARY OF HEALTH AND ECF HUMAN SERVICES, Respondent.

PROFFER ON AWARD OF COMPENSATION 1 On November 21, 2024, Kathleen Bondi (“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”), alleging that she suffered Guillain-Barré syndrome (“GBS”) as a result of an influenza (“flu”) vaccine administered to her on October 9, 2023. Petition at 1. On June 20, 2025, 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. 18. On July 9, 2025, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 20.

I. Items of Compensation Based upon the evidence of record, respondent proffers that petitioner should be awarded the following:

This Proffer does not include attorneys’ fees and costs, which the parties intend to address after the Damages Decision is issued.

A. Pain and Suffering Respondent proffers that petitioner should be awarded $130,000.00 in pain and suffering damages. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

B. Lost Earnings Evidence supplied by petitioner documents that she incurred lost earnings related to her vaccine-related injury. Respondent proffers that petitioner should be awarded past lost wages in the amount of $31,925.11. See 42 U.S.C. § 300aa-15(a)(3)(A). Petitioner agrees.

C. Past Unreimbursable Expenses Evidence supplied by petitioner documents that she incurred past unreimbursable expenses related to her vaccine-related injury. Respondent proffers that petitioner should be awarded past unreimbursable expenses in the amount of $3,955.76. See 42 U.S.C. § 300aa- 15(a)(1)(B). Petitioner agrees.

D. Future Medical Respondent proffers that the Court should award petitioner a lump sum of $35.00 in future medical care expenses. See 42 U.S.C. § 300aa-15(a)(1)(A). Petitioner agrees.

The above amounts represent all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.

II. Form of the Award/Recommended Payments The parties recommend that compensation provided to petitioner should be made through a lump sum payment, as described below, and request that the Chief Special Master’s decision and the Court’s judgment award the following: 2

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.

A lump sum payment of $165,915.87 to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner, Kathleen Bondi.

Petitioner is a competent adult. Proof of guardianship is not required in this case.

Respectfully submitted, BRETT A. SHUMATE Assistant Attorney General JONATHAN D. GUYNN Acting Director Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division JULIA COLLISON Assistant Director Torts Branch, Civil Division /s/ Crystal Fialkowski CRYSTAL FIALKOWSKI 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) 307-0786 [email protected] Date: April 23, 2026

CERTIFICATE OF SERVICE I certify that today, April 23, 2026, a copy of the foregoing pleading will be served by electronic mail to Meredith Daniels at [email protected].

s/ Crystal Fialkowski