In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 17-771V 

Filed: March 22, 2018 

UNPUBLISHED 

TAMMY L. DOUSE,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Influenza (Flu) Vaccine; GuillainBarre Syndrome (GBS)

Matthew N. Menzer, Menzer Law Firm, PLLC, Seattle, WA, for petitioner. 

Julia Marter Collison, U.S. Department of Justice, Washington, DC, for respondent. 

DECISION AWARDING DAMAGES1

Dorsey, Chief Special Master: 

 On June 12, 2017, petitioner filed a petition for compensation under the National 

Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,

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(the “Vaccine 

Act”). Petitioner alleges that she suffered she suffered Guillain-Barré syndrome (GBS) 

as a result of an influenza (flu) vaccine administered to her on October 3, 2016. Petition 

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

Masters. 

On February 26, 2018, a ruling on entitlement was issued, finding petitioner 

entitled to compensation. On March 22, 2018, respondent filed a proffer on award of 

compensation (“Proffer”) indicating petitioner should be awarded $158,801.00, 

representing compensation for pain and suffering ($150,000.00), past unreimbursable 

expenses ($2006.00), and lost wages ($6,795.00). Proffer at 2. In the Proffer, 

 

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 Because this unpublished decision contains a reasoned explanation for the action in this case, the 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). 
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respondent represented that 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 a lump sum payment of $158,801.00 in the form of a check payable to 

petitioner, Tammy L. Douse. 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.
IN THE UNITED STATES COURT OF FEDERAL CLAIMS 

OFFICE OF SPECIAL MASTERS 

TAMMY L. DOUSE, 

Petitioner, 

v. 

SECRETARY OF HEALTH AND HUMAN 

SERVICES, 

Respondent. 

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No. 17-771V 

Chief Special Master Dorsey 

ECF 

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

 On June 12, 2017, Tammy Douse (“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”), alleging that she suffered Guillain-Barré Syndrome (“GBS”) caused by an influenza 

(“flu”) vaccine administered on October 3, 2016. Petition at ¶¶ 1. On February 23, 2018, the 

Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that 

this case is appropriate for compensation under the terms of the Act, and the Chief Special 

Master issued a Ruling on Entitlement finding petitioner entitled to compensation on February 

26, 2018. ECF No. 21; ECF No. 22. 

I. Items of Compensation 

A. Pain and Suffering 

Respondent proffers that Tammy Douse should be awarded $150,000.00 in 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. 
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B. Past Unreimbursable Expenses 

Evidence supplied by petitioner documents Tammy Douse’s expenditure of past 

unreimbursable expenses as a result of her vaccine injury. Respondent proffers that petitioner 

should be awarded past unreimbursable expenses in the amount of $2006.00, as provided under 

the Vaccine Act, 42 U.S.C. § 300aa-15(a)(1)(B). Petitioner agrees. 

C. Lost Wages 

Evidence supplied by petitioner documents that Tammy Douse incurred lost wages and 

employer retirement contributions related to her vaccine injury. Respondent proffers that 

petitioner should be awarded lost wages (after an offset for taxes) and retirement contributions in 

the amount of $6,795.00, as provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(3)(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 Tammy Douse 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 following1

: a lump sum payment of $158,801.00, 

representing compensation for pain and suffering ($150,000.00), past unreimbursable expenses 

($2006.00), and lost wages ($6,795.00), in the form of a check payable to petitioner, Tammy 

Douse. 

III. Summary of Recommended Payments Following Judgment 

Lump sum payable to petitioner, Tammy Douse: $158,801.00 

 

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 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. 
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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 B. BABCOCK 

Assistant Director 

Torts Branch, Civil Division 

 

/s/ Julia M. Collison 

JULIA M. COLLISON 

Trial Attorney 

Torts Branch, Civil Division 

U.S. Department of Justice 

P.O. Box 146 

Ben Franklin Station 

Washington, DC 20044-0146 

Tel: (202) 305-0102 

Dated: March 22, 2018