In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 15-0966V 

Filed: March 29, 2018 

UNPUBLISHED 

SARA DASHTY,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Influenza (Flu) Vaccine; Complex 

Regional Pain Syndrome (“CRPS”)

Kevin George Liebeck, Hodes Milman Liebeck, LLP, Irvine, CA, for petitioner. 

Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for respondent. 

DECISION AWARDING DAMAGES1

Dorsey, Chief Special Master: 

 On September 3, 2015, Sara Dashty (“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” or “Program”). Petitioner alleges that as a 

result of receiving an influenza (“flu”) vaccine on October 30, 2013, she suffered various 

injuries, including limited movement of her left arm and chronic regional pain syndrome 

(“CRPS”). See generally Petition. The case was assigned to the Special Processing 

Unit (“SPU”) of the Office of Special Masters.

On February 5, 2016, a ruling on entitlement was issued, finding petitioner 

entitled to compensation for CRPS. On March 28, 2018, respondent filed a Proffer on 

award of compensation (“Proffer”) indicating petitioner should be awarded a lump sum 

of $349,264.08 and an amount sufficient to purchase the annuity contract described in 

section II.B of the proffer. Proffer at 4. In the Proffer, respondent represented that 

 

1

 Because this unpublished decision contains a reasoned explanation for the action in this case, the 

undersigned intends 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). 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. 

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

petitioner agrees with the proffered award. 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 the following: 

1. A lump sum payment of $349,264.08 in the form of a check payable to 

petitioner, Sara Dashty, which represents compensation for life care 

expenses expected to be incurred during the first year after judgment 

($16,884.47); lost future earnings ($111,303.33); actual and projected pain 

and suffering, with the amount for projected pain and suffering having 

been reduced to net present value ($220,576.28); and past unreimbursable 

expenses ($500.00), and 

2. An amount sufficient to purchase the annuity contract described in section 

II.B of the Proffer.

These amounts represent compensation for all damages that would be available under 

§ 300aa-15(a). 

The clerk of the court is directed to enter judgment in accordance with this 

decision.3 

IT IS SO ORDERED.

 s/Nora Beth Dorsey 

 Nora Beth Dorsey 

 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.
-1-

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

SARA DASHTY, 

 

 Petitioner, 

v. 

 

SECRETARY OF HEALTH AND 

HUMAN SERVICES, 

 

 Respondent. 

 No. 15-966V 

 Chief Special Master Dorsey

 ECF

 

RESPONDENT'S PROFFER ON AWARD OF COMPENSATION

On February 5, 2016, respondent filed a Rule 4(c) Report conceding that petitioner was 

entitled to compensation for her vaccine-related injuries, including but not limited to complex 

regional pain syndrome. For the purposes of this proffer, the term “vaccine related” is as 

described in the Rule 4(c) Report.

I. Items of Compensation

A. Life Care Items

 Respondent engaged life care planner Linda Curtis, RN, MS, CCM, CNLP, and petitioner 

engaged Kelly Nasser, RN, GNP, CNLP, to provide an estimation of Sara Dashty’s future 

vaccine-injury related needs. 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 Sara Dashty, attached hereto as Tab A.1

 Respondent proffers that Sara Dashty

should be awarded all items of compensation set forth in the life care plan and illustrated by the 

 

1 The chart at Tab A illustrates the annual benefits provided by the life care plan. The 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.
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chart attached at Tab A. Petitioner agrees. 

B. Lost Future Earnings 

 The parties agree that based upon the evidence of record, Sara Dashty will suffer a loss of 

earnings in the future. Therefore, respondent proffers that Sara Dashty should be awarded lost 

future earnings as provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(3)(A). Respondent 

proffers that the appropriate award for Sara Dashty’s lost earnings is $111,303.33. Petitioner 

agrees.

C. Pain and Suffering 

Respondent proffers that Sara Dashty should be awarded $220,576.28 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.

D. Past Unreimbursable Expenses

 Evidence supplied by petitioner documents Sara Dashty’s expenditure of past 

unreimbursable expenses related to her vaccine-related injury. Respondent proffers that 

petitioner should be awarded past unreimbursable expenses in the amount of $500.00. 

II. Form of the Award 

 The parties recommend that the compensation provided to Sara Dashty should be made 

through a combination of lump sum payments and future annuity payments as described below, 

and request that the Chief Special Master’s decision and the Court’s judgment award the 

following:2

 

2

 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.
-3-

A. Lump Sum Payment

 A lump sum payment of $349,264.08, representing compensation for life care expenses 

expected to be incurred during the first year after judgment ($16,884.47), lost future earnings 

($111,303.33), pain and suffering ($220,576.28), and past unreimbursable expenses ($500.00), in 

the form of a check payable to petitioner, Sara Dashty. 

B. Future Annuity Payments 

 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 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, Sara Dashty, 

only so long as Sara Dashty is alive at the time a particular payment is due. At the Secretary’s 

sole discretion, the periodic payments may be provided to petitioner in monthly, quarterly, 

 

3 In respondent’s discretion, respondent may purchase one or more annuity contracts from one or more 

life insurance companies.

4 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. 
-4-

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 nonmedical 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 she, Sara Dashty, 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 Sara Dashty’s death. 

3. Guardianship 

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

III. Summary of Recommended Payments Following Judgment

A. Lump Sum paid to petitioner, Sara Dashty: $349,264.08 

 B. An amount sufficient to purchase the annuity contract described 

 above in section II.B. 

 

 5

 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 Compensation 

Program System of Records, No. 09-15-0056.
-5-

Respectfully submitted,

 

 CHAD A. READLER 

 Acting Assistant Attorney General

 

 C. SALVATORE D’ALESSIO

 Acting Director

 Torts Branch, Civil Division

 CATHARINE E. REEVES

 Deputy Director

 Torts Branch, Civil Division

ALEXIS BABCOCK

 Assistant Director 

Torts Branch, Civil Division

s/Adriana Teitel 

 ADRIANA TEITEL

Trial Attorney

Torts Branch, Civil Division

U. S. Department of Justice

P.O. Box l46, Benjamin Franklin Station 

Washington, D.C. 20044-0146 

Direct dial: (202) 616-3677 

Dated: March 28, 2018 
Appendix A: Items of Compensation for Sara Dashty 

ITEMS OF COMPENSATION G.R. * M

Lump Sum 

Compensation 

Year 1

Compensation 

Years 2-4

Compensation 

Year 5

Compensation 

Year 6

Compensation 

Years 7-10

Compensat

Year 11

2018 2019-2021 2022 2023 2024-2027 2028 

Kaiser MOP 5% 1,500.00 1,500.00

Medicare Part B 5% 1,608.00 1,608.00 1,608.00 1,608

Medigap C 5% M 1,877.76 1,877.76 1,877.76 1,877

Medicare Part D 5% M 752.28 752.28 752.28 752

Primary Care 5% *Pain Mngt 5% *Psychiatrist 5% *Counseling 4% *Lab Testing 4% *Duloxetine 5% *Ibuprofen 5% *PT Eval 4% * PT 4% * OT Eval 4% *OT 4% * Injections 5% *Hand Held Shower 4% 34.54 6.91 6.91 6.91 6.91 6

Shower Transfer Bench 4% 95.00 19.00 19.00 19.00 19.00 19

Bed Cane 4% 70.00 14.00 14.00 14.00 14.00 14

Heating Pad 4% 36.00 18.00 18.00 18.00 18.00 18

TENS Unit 4% *Grab Bars 4% 139.98 20.00 20.00 20.00 20.00 20

Wedge Pillows 4% 42.00 21.00 21.00 21.00 21.00 21

Adaptive Bathroom & Kitchen Equip 4% 200.00 40.00 40.00 40.00 40.00 40

Lift Chair 4% 369.00 52.71 52.71 52.71 52.71 52

Car Mods 4% 22.95 22.95 22

Home Health Aide 4% M 11,700.00 18,200.00 18,200.00 18,200.00 18,200.00 18,200

Ancillary Services 4% M 2,400.00 2,400.00 2,400.00 2,400.00 2,400.00 2,400

Driver's Eval 4% 275.00 275.00 275

Lost Future Earnings 111,303.33
Appendix A: Items of Compensation for Sara Dashty 

ITEMS OF COMPENSATION G.R. * M

Lump Sum 

Compensation 

Year 1

Compensation 

Years 2-4

Compensation 

Year 5

Compensation 

Year 6

Compensation 

Years 7-10

Compensat

Year 11

2018 2019-2021 2022 2023 2024-2027 2028 

Pain and Suffering 220,576.28

Past Unreimbursable Expenses 500.00Annual Totals 22,291.62 349,264.08 25,029.66 25,327.61 25,029.66 25,327

 

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 As soon as practicable after entry of judgment, respondent shall make the following payment texpenses ($16,884.47), lost future earnings ($111,303.33), pain and suffering ($220,576.28), aexpenses ($500.00): $349,264.08.Annual amounts payable through an annuity for future Compensation Years follow the anniveAnnual amounts shall increase at the rates indicated above in column G.R., compounded annuItems 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