In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 18-1657V 

UNPUBLISHED

KRISTINE RUCKER-MORROW, 

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: June 25, 2020

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Influenza (Flu) Vaccine; GuillainBarre Syndrome (GBS)

Edward M. Kraus, Law Offices of Chicago Kent, Chicago, IL, for petitioner.

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

DECISION AWARDING DAMAGES1

On October 26, 2018, Kristine Rucker-Morrow 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”) following the administration of a seasonal influenza vaccine on October 21, 

2016. Petition at 1. The case was assigned to the Special Processing Unit of the Office 

of Special Masters.

On November 7, 2019, a ruling on entitlement was issued, finding Petitioner 

entitled to compensation for GBS. On June 23, 2020, Respondent filed a proffer on 

award of compensation (“Proffer”) indicating Petitioner should be awarded $177,500.00 

for pain and suffering, $6,016.80 in past unreimbursable expenses, and $13,929.31 in 

lost earnings for a lump sum payment of $197,446.11. Proffer at 1-2. In the Proffer, 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am 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

CORRECTED
2

Respondent represented 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 $197,446.11 (composed of $177,500.00 for pain and suffering, 

$6,016.80 in past unreimbursable expenses, and $13,929.31 in lost earnings) 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.
1 

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

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

KRISTINE RUCKER-MORROW, *

*

Petitioner, *

*

v. * No. 18-1657V (ECF)

* CHIEF SPECIAL MASTER

* BRIAN H. CORCORAN

SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

*

Respondent. * 

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

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On October 26, 2018, Kristine Rucker-Morrow (“petitioner”) 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”), as amended. Petitioner alleged that she suffered Guillain-Barré 

syndrome (“GBS”) as a result of an influenza (“flu”) vaccine administered on October 21, 2016. 

Petition at 1. On October 30, 2019, the Secretary of Health and Human Services (“respondent”)

filed a Vaccine Rule 4(c) report recommending that compensation be awarded. ECF No. 24. 

Accordingly, on November 7, 2019, the Chief Special Master issued a Ruling on Entitlement 

finding petitioner entitled to Vaccine Act compensation. ECF No. 25. 

I. Amount of Compensation

Respondent now proffers that, based on the Chief Special Master’s entitlement decision

and the evidence of record, petitioner should be awarded $197,446.11.1 This amount represents 

1 The parties have no objection to the amount of the proffered award of damages. Assuming the 

Chief Special Master issues a damages decision in conformity with this proffer, the parties waive 

their right to seek review of such damages decision. 
2 

all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa15(a). Petitioner agrees. 

II. Items of Compensation and Form of the Award

The parties recommend that the compensation provided to petitioner should be made

through a lump sum payment described below, and request that the Chief Special Master’s 

damages decision and the Court’s judgment award the following: 2

 

A. Petitioner’s Damages

A lump sum payment of $197,446.11 (comprised of $177,500.00 for pain and suffering,

$6,016.80 in past unreimbursable expenses, and $13,929.31 in lost earnings) in the form of a 

check payable to petitioner, Kristine Rucker-Morrow. 

B. Guardianship

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 

HEATHER L. PEARLMAN

Assistant Director

Torts Branch, Civil Division 

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 pain and suffering, and future lost wages. 
3 

/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: June 23, 2020