# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 18

- 947 V

Filed: September 6, 2019

UNPUBLISHED

SANDRA WILLIAMS

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Special Processing Unit (SPU);

Damages Decision Based on Proffer;

Influenza (Flu) Vaccine; Guillain

Barre Syndrome (GBS)

Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA , for petitioner.

Voris Edward Johnson , U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

Dorsey

, Chief Special Master:

On June 29, 2018

, p etitioner 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

- Barre Syndrome ( “ GBS ” ) as a result

of the adverse effects of the influenza ( “ flu ” ) vaccine administered on November 16,

2015

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

of Special Masters.

On June 19, 2019

, a ruling on entitlement was issued , finding petitioner entitled

to compensation for her GBS injury . On September 6, 2019 , respondent filed a p roffer

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

1 The un dersigned intends to post this decision on the United States Court of Federal Claims' website.

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 informat ion,

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. Because this unpublished decision contains a reasoned explanation for the

action in this case, undersigned is 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) (Feder al

Management and Promotion of Electronic Government Services)

.

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 subpara graph of 42 U.S.C. §

300aa (2012).2

$ 196,80 1. 50

. Proffer at 1

. In the Proffer, respondent represented that petitioner agrees

with the proffered award. Id. 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 award s

petitioner a lump sum payment of $ 196, 8 01.50 (representing compensation in the

amount of $ 1 85,000.00 for pain and suffering and $ 11,801.50 for past

unreimbursed expenses) in the form of a check payable to petitioner, Sandra

Williams

. 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/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

__________________________________________ )

SANDRA WILLIAMS, )

)

Petitioner, )

) No. 18

- 947V (ECF)

v. ) Chief Special Master Dorsey

)

SECRETARY OF HEALTH )

AND HUMAN SERVICES, )

)

Respondent. )

__________________________________________)

RESPONDENT’S PROFFER ON AWARD OF DAMAGES

On June 19, 2019 , respondent, the Secretary of Hea lth and Human Services, filed his

Rule 4(c) Report conceding entitlement to compensation

. The same day

, the Court entered its

Ruling on Entitlement, finding petitioner Sandra Williams entitled to Vaccine Act compensation

for the Table injury of Guillain

- Barr é syndrome ( “ GBS ” ) following an influenza ( “ flu ” ) vaccine

.

Respondent now pro ffers that petitioner receive a compensation award consisting of a lump sum

of $ 196,801.50 in the form of a check payable to petitioner

, Sandra Williams

. 1 This amount

consists of $ 185 ,0 00.00 for pain and suffering and $11,801.50 for past unreimbursed e xpenses,

and represents compensation for all elements of compensation under 42 U.S.C. § 300aa

- 15(a) to

which petitioner is entitled. 2

Petitioner agrees with the proffered award of $ 196,801.50

. 3

1 Petitioner is a competent adult. No guardianship is required.

2 Should petitioner die prior to entry of judgment, respondent would oppose any award for

future medical expenses, future lost earnings, and future pain and suffering, and the parties

reserve the right to move the Court for appropriate relief.

3 This prof fer does not include any award for attorneys’ fees and costs that may be awarded

pursuant to 42 U.S.C. § 300aa

- 15(e).2 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

Ass istant Director

Torts Branch, Civil Division

s/Voris E. Johnson, Jr.

VORIS E. JOHNSON, JR.

Senior Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

Ben Franklin Station

Washington, D.C. 20044

- 0146

Direct dial: (202) 616

- 4136

Dated: September 6 , 2019