In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-0720V
UNPUBLISHED
PATRICIA WRIGHT, Chief Special Master Corcoran
Petitioner, Filed: February 21, 2020
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Influenza (Flu) Vaccine; Guillain-
Barre Syndrome (GBS)
Respondent.
Timothy James Lessman, Knutson & Casey Law Firm, Mankato, MN, for petitioner.
Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On May 22, 2018, petitioner 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 the influenza vaccination on October 26, 2016. Petition at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On September 24, 2019, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for her GBS. On February 12, 2020, Respondent filed a
proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded
$145,168.90, representing compensation in the amount of $140,000.00 for Petitioner’s
actual and projected pain and suffering and in the amount of $5,168.90 for Petitioner’s
past unreimburseable expenses. Proffer at 1. In the Proffer, Respondent represented
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am
required to post it on the United States Court of Federal Claims' website in accordance with the E-
Government Act of 2002. 44 U.S.C. § 3501 note (2012) (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.
2National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for
ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).
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 $145,168.90, representing compensation in the amount of
$140,000.00 for her actual and projected pain and suffering and in the amount of
$5,168.90 for her actual unreimburseable expenses in the form of a check payable
to Petitioner. This amount represents compensation for all damages that would be
available under § 15(a).
The clerk of the 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
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
_________________________________________
)
PATRICIA WRIGHT, )
)
Petitioner, )
) No. 18-720V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
__________________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On September 16, 2019, respondent conceded that entitlement to compensation was
appropriate under the terms of the Vaccine Act. ECF No. 32. Thereafter, on September 24,
2019, the Court issued a Ruling on Entitlement, finding that petitioner was entitled to vaccine
compensation for her Guillain-Barre Syndrome (GBS). ECF No. 34. Based upon the evidence
of record, respondent proffers the following:
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that the Court should award petitioner a lump sum of $140,000.00
for her actual and projected pain and suffering. This amount reflects that the award for projected
pain and suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4).
Petitioner agrees.
B. Past Unreimbursable Expenses
Respondent proffers that the Court should award petitioner a lump sum of $5,168.90 for
past unreimbursable expenses, as provided under 42 U.S.C. § 300aa-15(a)(1)(A). Petitioner
agrees.
II. Form of the Award
The parties recommend that compensation provided to petitioner should be made through
a lump sum payment of $145,168.90, in the form of a check payable to petitioner. 1 Petitioner
agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
JOSEPH H. HUNT
Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
GABRIELLE M. FIELDING
Assistant Director
Torts Branch, Civil Division
s/ Claudia B. Gangi
CLAUDIA B. GANGI
Senior 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) 616-4138
Dated: February 12 2020
1
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.