In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 17-1234V 

 Filed: October 11, 2018 

UNPUBLISHED 

OFILIA ARECHIGA, 

 Petitioner, 

v. 

SECRETARY OF HEALTH 

AND HUMAN SERVICES, 

 Respondent. 

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Influenza (Flu) Vaccine; GuillainBarré Syndrome (GBS) 

 

Nancy Routh Meyers, Ward Black Law, Greensboro, NC, for petitioner. 

Heather Lynn Pearlman, U.S. Department of Justice, Washington, DC, for respondent. 

DECISION AWARDING DAMAGES1

Dorsey, Chief Special Master: 

 On September 12, 2017, Ofilia Arechiga (“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 GuillainBarré syndrome (“GBS”) as a result of an influenza (“flu”) vaccine she received on 

November 1, 2016. Petition at 1, ¶2. The case was assigned to the Special Processing 

Unit of the Office of Special Masters. 

On August 22, 2018, a ruling on entitlement was issued, finding petitioner entitled 

to compensation. On October 11, 2018, respondent filed a proffer on award of 

compensation (“Proffer”) indicating petitioner should be awarded a total of $128,741.53 

(comprised of $125,000.00 for pain and suffering and $3,741.53 for past unreimbursable 

expenses). Proffer at 1. In the Proffer, respondent represented that petitioner agrees 

 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 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

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 a lump sum payment of $128,741.53 (comprised of $125,000.00 for pain 

and suffering and $3,741.53 for past unreimbursable expenses), in the form of a 

check payable to petitioner, Ofilia Arechiga. This amount represents 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

OFILIA ARECHIGA,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN 

SERVICES,

Respondent.

)

)

)

)

)

)

)

)

)

) 

No. 17-1234V

Chief Special Master Dorsey

ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

Petitioner filed her petition for compensation on September 12, 2017, alleging that she 

suffered Guillain-Barre Syndrome (“GBS”) as the result of an influenza vaccination. On 

August 21, 2018, respondent filed a Rule 4(c) Report, stating that petitioner had satisfied the 

criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation. 42 

C.F.R. §§ 100.3(a)(XIV)(D), 100.3(c)(15). The following day, August 22, 2018, Chief Special 

Master Dorsey issued a Ruling on Entitlement, finding that petitioner was entitled to vaccine 

compensation for her GBS. 

I. Compensation for Vaccine Injury-Related Items

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

$128,741.53. The $128,741.53 is comprised of $125,000.00 for pain and suffering and 

$3,741.53 for past unreimbursable expenses, and it represents all elements of compensation to 

which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. 
2

II. Form of the Award

Respondent recommends that the compensation provided to petitioner be made through a 

lump sum payment of $128,741.53, 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

ALEXIS B. BABCOCK

Assistant Director

Torts Branch, Civil Division

s/ Heather L. Pearlman

HEATHER L. PEARLMAN

Assistant Director

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

Benjamin Franklin Station

Washington, D.C. 20044-0146

Telephone: (202) 353-2699

Dated: October 11, 2018

 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.