In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 19-1545V

UNPUBLISHED

MEI H. LI,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: January 19, 2022

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Influenza (Flu) Vaccine; GuillainBarre Syndrome (GBS)

Timothy James Lessman, Knutson & Casey Law Firm, Mankato, MN, for Petitioner.

Darryl R. Wishard, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES1

On October 3, 2019, Mei Li 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 from Guillain-Barre Syndrome (“GBS”) as a 

result of an influenza (“flu”) vaccine she received on October 17, 2016. Petition at 1. The 

case was assigned to the Special Processing Unit of the Office of Special Masters.

On July 7, 2020, a ruling on entitlement was issued, finding Petitioner entitled to 

compensation for Table injury of GBS following a flu vaccination. ECF No. 21. On January 

18, 2022, Respondent filed a proffer on award of compensation (“Proffer”) indicating 

Petitioner should be awarded the following compensation: 

• A lump sum of $180,765.34, representing $160,000.00 for Petitioner’s pain and 

suffering, $16,547.73 for first-year life care expenses, and $4,217.61 for past 

1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 

300aa (2012).
2

unreimbursed expenses, to be paid in the form of a check payable to Petitioner.

Proffer at ¶II(A). 

• An amount sufficient to purchase the annuity contract described in the Proffer at 

Paragraph II(B). Proffer at ¶II(B).

In the Proffer, 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 $180,765.34 in the form of a check payable to Petitioner and an 

amount sufficient to purchase the annuity contract described in the Proffer at 

Paragraph II(B). These amounts represent compensation for all damages that would be 

available under Section 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.
IN THE UNITED STATES COURT OF FEDERAL CLAIMS 

OFFICE OF SPECIAL MASTERS 

MEI H. LI, 

Petitioner, 

v. 

SECRETARY OF HEALTH AND HUMAN 

SERVICES, 

Respondent. 

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No. 19-1545V 

Chief Special Master Corcoran 

ECF 

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION 

 On October 3, 2019, Mei H. Li (“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”) resulting from an influenza 

(“flu”) vaccination she received on October 17, 2016. See Petition at 1. On July 1, 2020, the 

Secretary of Health and Human Services (“respondent”) filed his Rule 4(c) Report conceding 

that petitioner suffered the Table injury of GBS following a flu vaccine within the Table time 

period and that she is entitled to compensation. See ECF No. 20. Accordingly, on July 7, 2020, 

the Chief Special Master issued a Ruling on Entitlement, finding that petitioner was entitled to 

vaccine compensation for GBS following the influenza vaccine she received on October 17, 

2016. See ECF No. 21. 

I. Items of Compensation 

A. Life Care Items 

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

petitioner engaged Tresa Johnson, RN, BSN, CNLCP, CMC, to provide an estimation of 

petitioner’s future vaccine-injury related needs. For the purposes of this proffer, the term 
2 

“vaccine related” is as described in the respondent’s Rule 4(c) Report. 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 Mei H. Li, attached hereto as Tab A. 

Respondent proffers that petitioner should be awarded all items of compensation set forth in the 

life care plan and illustrated by the chart attached at Tab A. Petitioner agrees. 

 B. Pain and Suffering 

 Respondent proffers that petitioner should be awarded $160,000.00 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. 

 C. Past Unreimbursable Expenses 

 Evidence supplied by petitioner documents her 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 $4,217.61. Petitioner agrees. 

II. Form of the Award 

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

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

and request that the Special Master’s decision and the Court’s judgment award the following:1

 A. A lump sum payment of $180,765.34, representing compensation for life care 

expenses expected to be incurred during the first year after judgment ($16,547.73), pain and 

 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 

medical expenses, future lost earnings, and future pain and suffering.
3 

suffering ($160,000.00), and past unreimbursable expenses ($4,217.61) in the form of a check 

payable to petitioner, Mei H. Li. 

 B. An amount sufficient to purchase an annuity contract,2

 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 company3 from 

which the annuity will be purchased.4 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, 

Mei H. Li, only so long as petitioner 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, 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. 

 2

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

from one or more life insurance companies. 

3

 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

 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. 
4 

 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, Mei H. Li, 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 Mei H. Li’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, Mei H. Li: $180,765.34 

B. An amount sufficient to purchase the annuity contract described 

 above in section II.B. 
5 

 Respectfully submitted, 

 BRIAN M. BOYNTON 

 Acting Assistant Attorney General 

 

 C. SALVATORE D’ALESSIO 

 Acting Director 

 Torts Branch, Civil Division 

 HEATHER L. PEARLMAN 

 Deputy Director 

 Torts Branch, Civil Division 

 

ALEXIS B. BABCOCK 

Assistant Director 

Torts Branch, Civil Division 

 

 s/Darryl R. Wishard 

 DARRYL R. WISHARD 

 Assistant Director 

 Torts Branch, Civil Division 

 U.S. Department of Justice 

 P.O. Box 146 

 Benjamin Franklin Station 

 Washington, D.C. 20044-0146 

 Tel: (202) 616-4357 

 

Dated: January 18, 2022 
Appendix A: Items of Compensation for Mei H. Li Page 1 of 1

ITEMS OF COMPENSATION G.R. * M

Lump Sum 

Compensation 

Year 1

Compensation 

Year 2

Compensation 

Years 3-4

Compensation 

Years 5-Life

2022 2023 2024-2025 2026-Life

Medicare Adv Deductible 5% 150.00 150.00 150.00 150.00

Primary Care Provider 5% * 18.10 18.10 18.10 18.10

EMG 5% * 33.10

Orthopedist 5% * 24.75 24.75 24.75 24.75

Swallow Study 5% * 79.20

Physical Therapy Evaluation 4% * 12.00 12.00 12.00 12.00

Physical Therapy 4% * 180.00 180.00 60.00 60.00

Gym Membership 4% *

Tylenol 4% M 61.98 61.98 61.98

Bengay Patches 4% M 370.11 370.11 61.98 370.11

Metamucil 4% M 70.41 70.41 370.11 70.41

Dulcolax 4% M 262.51 262.51 70.41 262.51

Walker 4% 184.64 30.77 262.51 30.77

Manual Wheelchair 4% * 42.50 8.50 8.50

Wheelchair Cushion 4% * 7.95 2.65 30.77 2.65

Cushion Cover 4% 20.68 10.34 8.50 10.34

Wheelchair Pack 4% 36.22 7.24 2.65 7.24

Portable Ramp 4% 508.50 10.34

Poise Pads 4% M 356.72 356.72 7.24 356.72

Rocker Knife 4% 58.20 11.64 11.64

Hand Held Shower 4% 35.92 7.18 356.72 7.18

Raised Toilet Seat 4% 83.87 16.77 11.64 16.77

Grab Bars & Install 4% 205.00 7.18

Tub Transfer Bench 4% 132.93 26.59 16.77 26.59

Extension of Driveway 4% 2,800.00

Ramp 4% 1,980.00 26.59

Life Alert 4% M 589.40 539.40 539.40

Non-Skilled Care 4% M 8,243.04 8,243.04 12,364.56

Pain and Suffering 160,000.00 539.40

Past Unreimbursable Expenses 4,217.61 8,243.04

Annual Totals 180,765.34 10,410.70 10,290.70 14,412.22

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 the date of judgment.

As soon as practicable after entry of judgment, respondent shall make the following payment to petitioner for Yr 1 life care 

expenses ($16,547.73), pain and suffering ($160,000.00), and past unreimbursable expenses ($4,217.61): $180,765.34.

Annual amounts payable through an annuity for future Compensation Years follow the anniversary of the date of judgment.

Annual amounts shall increase at the rates indicated above in column G.R., compounded annually from the date of judgment.

Items 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 indicated.