United States Court of Federal Claims, 2026

Simmons v. Secretary of Health and Human Services

United States Court of Federal Claims · Decided July 6, 2026 · Jennifer A Shah

Opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 20-884V Filed: June 3, 2026

************************* *

* ERIC SIMMONS, *

* *

Petitioner, *

* v. *

* *

SECRETARY OF HEALTH AND * HUMAN SERVICES, *

* *

Respondent. *

* ************************* *

Christina Ciampolillo, Conway, Homer, P.C., Boston, MA, for Petitioner.

Emilie Williams, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES1

On July 21, 2020, Eric Simmons (“Petitioner”) filed a petition seeking compensation under the National Vaccine Injury Compensation Program (“the Vaccine Program”).2 ECF No. 1 (“Pet.”). Petitioner alleged that he developed Guillain-Barré syndrome (“GBS”) caused by the human papillomavirus (“HPV”) and meningococcal vaccines he received on July 31, 2017. Id. at 1; ECF No. 79 (“Proffer”) at 1. On November 19, 2025, I issued a Ruling on Entitlement finding Petitioner was entitled to compensation. ECF No. 69.

Respondent filed a Proffer on June 3, 2026. In the Proffer, Respondent represented that Petitioner agrees with the proffered award. Proffer at 1-2. 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 of $131,682.28, which amount represents pain and suffering ($130,000.00), and past unreimbursed expenses ($1,682.28), to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner.

Proffer at 2. These amounts represent all elements of compensation for all damages that would be available under § 300aa-15(a).

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/ Jennifer A. Shah Jennifer A. Shah Special Master

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

) ERIC SIMMONS, )

) Petitioner, )

) No. 20-88V4 v. ) Special Master Shah

) ECF SECRETARY OF HEALTH AND HUMAN ) SERVICES, )

) Respondent. )

)

PROFFER ON AWARD OF COMPENSATION 1

On July 21, 2020, Eric Simmons 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 he developed Guillain-Barré syndrome (“GBS”) as a result of the meningococcal and human papillomavirus (“HPV”) vaccines he received on July 31, 2017. Petition at 1.

On January 14, 2021, respondent filed his Rule 4(c) Report recommending against compensation. ECF No. 23. The parties subsequently filed briefs on the issue of entitlement. ECF Nos. 61, 64. On November 19, 2025, the Court issued a Ruling on Entitlement finding petitioner entitled to compensation. 2 ECF No. 69.

I. Items of Compensation

Based on the evidence of record, respondent proffers that petitioner should be awarded the following:

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

B. Past Unreimbursable Expenses

Evidence supplied by petitioner documents that he incurred past unreimbursable expenses related to his vaccine-related injury. Respondent proffers that petitioner should be awarded past unreimbursable expenses in the amount of $1,682.28. See 42 U.S.C. § 300aa-15(a)(1)(B). 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

The parties recommend that the compensation provided to petitioner should be made through a lump sum payment as described below and request that the Special Master’s decision and the Court’s judgment award the following: 3

A lump sum payment of $131,682.28 to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner, Eric Simmons.

Petitioner is a competent adult. Evidence 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 ALEXIS B. BABCOCK Assistant Director Torts Branch, Civil Division /s/ Emilie F. Williams EMILIE F. WILLIAMS 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) 305-0124 E-mail: [email protected] Date: June 3, 2026

CERTIFICATE OF SERVICE

I certify that today, June 3, 2026, a copy of the foregoing pleading was served by electronic mail to Ronald Homer at [email protected] and Christina Ciampolillo at [email protected].

/s/Emilie F. Williams Emilie F. Williams Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Ben Franklin Station Washington, D.C. 20044-0146 Direct dial: (202) 305-0124 Email: [email protected]

1 Because this Decision contains a reasoned explanation for the action 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 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755 (codified as amended at 42 U.S.C. §§ 300aa-10–34 (2012)) (hereinafter “Vaccine Act” or “the Act”). All subsequent references to sections of the Vaccine Act shall be to the pertinent subparagraph of 42 U.S.C. § 300aa. 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice renouncing the right to seek review. 1 This Proffer does not include attorneys’ fees and costs, which the parties intend to address after the Damages Decision is issued. 2 The parties have no objection to the amount of the proffered award of damages. However, respondent reserves his right, pursuant to 42 U.S.C. § 300aa-12(e), to seek review of the Special Master’s November 19, 2025 Ruling on Entitlement, finding petitioner entitled to an award under the Vaccine Act. This right accrues following the issuance of the Damages Decision. 3 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 pain and suffering.

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