# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 18

- 1794 V

UNPUBLISHED

ANITA KAPLAN

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: October 20, 2020

Special Processing Unit (SPU);

Damages Decision Based on Proffer;

Influenza (Flu) Vaccine; Guillain

Barre Syndrome (GBS)

Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC , for

petitioner.

Dhairya Divyakant Jani , U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

On November 20, 2018

, Anita Kaplan f iled 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 ( “ flu ” ) vaccine administered on October 26, 2017

. Petition at 1

. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On December 23, 2019

, a ruling on entitlement was issued , finding P etitioner

entitled to compensation for her GBS . On October 15, 2020

, R espondent filed a p roffer

on a ward of compensation (“Proffer”) indicating P etitioner should be awarded

$ 219,245.09

. Proffer at 2

. In the Proffer, R espondent represented that P etitioner agrees

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am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.

2 National 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).2

with the proffered award. Id. Based on the record as a whole, I find that P etitioner is

entitled to an award as stated in the Proffer.

Pursuant to the terms stated in the attached Proffer, I award P etitioner a lump

sum payment of $ 21 9 ,245.09 (repre senting compensation in the amount of

$210,000.00 in pain and suffering and $9,245.09 in past unreimbursa ble expenses)

in the form of a check payable to P etitioner

. This amount represents compensation for

all damages that w ould 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 fil ing of notice

renouncing the right to seek review.1 IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

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

ANITA KAPLAN

, *

*

Petitioner, *

*

v. * No. 18

- 1794V (ECF)

* CHIEF SPECIAL MASTER

* BRIAN H. CORCORAN

SECRETARY OF HEALTH *

AND HUMAN SERVICES

, *

*

Respondent. *

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

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On November 20, 2018, Anita Kaplan (“petitioner”) filed a petitio n 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. Petitioner alleged that s he suffered Guillain

- Barré

syndrome (“ GBS”) as a result of an influenza (“flu”) va ccine administered on October 26, 2017

.

Petition at 1. On December 16 , 2019, the Secretary of Health and Human Services

(“ respondent ”) filed a Vaccine Rule 4(c) report recommending that comp ensation be awarded.

ECF No. 23

. Accordingly, on December 23 , 2019, the Chief Special Master iss ued a Ruling on

Entitlement find i ng petitioner entitled to Vaccine Act compensation

. ECF No. 24

.

I. Items of Compensation

A. Pain and Suffering

Respondent proffers that petitioner should be awarded $ 210,000.00 in pain and suffering.

See 42 U.S.C. § 300aa

- 15(a)(4). Petitioner agrees.2 B. Past Unreimbursable Expenses

Evidence supplied by petitioner documents that she incurred past unreimbursable

expen ses related to her vaccine

- related injury. Respondent proffers that petitioner should be

awarded past unreimbursable expenses in the amount of $9,245.09. See 42 U.S.C. § 300aa

15(a)(1)(B). Petitioner agrees.

These amounts represent all elements of compe nsation to which petitioner is entitled

under 42 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 following 1 : a lump sum payment of $219,245.09, in the form of

a check payable to petitioner.

III. Summary of Recommended Payments Following Judgment

Lump sum payable to petitioner, Anita Kaplan: $219,245.09

Respectfully submitted,

JEFFREY BOSSERT CLARK

Acting Assistant Attorney General

C. SALVATORE D’ALESSIO

Acting Director

Torts Br anch, Civil Division

CATHARINE E. REEVES

Deputy Director

Torts Branch, Civil Division

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 lost earnings

and future pain and suffering.3 ALEXIS B. BABCOCK

Assistant Director

Torts Branch, Civil Division

/s/ DHAIRYA D. JANI

DHAIRYA D. JANI

Trial Attorney

U.S. Department of Justice

Torts Branch, Civil Division

P.O. Box 146

Benjamin Franklin Station

Washington, D.C. 20044

- 0146

Tel: (202) 616

- 4356

Dated: October 15, 2020