In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 18-1524V

UNPUBLISHED

MICHAEL J. PERIARD,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: March 23, 2020

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Influenza (Flu) Vaccine; GuillainBarre Syndrome (GBS)

Matthew F. Belanger, Faraci Lange, LLP, Rochester, NY, for petitioner.

Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES1

On October 2, 2018, Michael J. Periard 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 he suffered Guillain Barré syndrome (“GBS”) as a 

result of an influenza (“flu”) vaccination administered on November 22, 2014. Petition at

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

Masters.

On March 2, 2020, a ruling on entitlement was issued, finding Petitioner entitled 

to compensation for GBS. On March 2, 2020, Respondent filed a proffer on award of 

compensation (“Proffer”) indicating Petitioner should receive an amount sufficient to 

purchase an annuity contract described in Section A of the Proffer and a lump sum 

payment of $1,137,068.83 to Petitioner. Proffer at 1-3. In the Proffer, Respondent 

 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am 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).
2

represented that Petitioner agrees with the proffered award. Id. at 3. 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 the 

following:

a. An amount sufficient to purchase the annuity contract described in Section 

A of the proffer, paid to the life insurance company from which the annuity 

will be purchased; and

b. A lump sum of $1,137,068.83, 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 

 THE UNITED STATES COURT OF FEDERAL CLAIMS 

OFFICE OF SPECIAL MASTERS 

MICHAEL J. PERIARD, 

 

 Petitioner, 

v. 

 

SECRETARY OF HEALTH AND 

HUMAN SERVICES, 

 

 Respondent. 

 No. 18-1524V 

 Chief Special Master Brian H. Corcoran 

 ECF 

 

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION 

 On February 24, 2020, respondent filed his Rule 4(c) Report, in which he recommended 

that the Court find petitioner entitled to compensation, and on March 2, 2020, the Court entered 

its Ruling on Entitlement, finding petitioner entitled to compensation. Respondent now proffers 

that petitioner receive an award as follows: 

A. Life Care Items Beginning on the First Anniversary of Judgment. 

Respondent proffers an amount sufficient to purchase an annuity contract described 

below in this Section A of this Proffer, paid to the life insurance company from which the 

annuity will be purchased (the “Life Insurance Company”).1

 

1

 Notwithstanding references herein to “the Life Insurance Company” or “the annuity contract,” 

to satisfy the conditions set forth herein, in respondent’s sole and absolute discretion, respondent 

may purchase one or more annuity contracts from one or more life insurance companies. 

Moreover, 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; 

 
2 

 The Secretary of Health and Human Services agrees to purchase an annuity contract from 

the Life Insurance Company for the benefit of petitioner, pursuant to which the Life Insurance 

Company will agree to make payments periodically to petitioner for the following items of 

compensation: 

For future medical service and medication expenses, beginning on 

the first anniversary of the date of judgment, an annual amount of 

$3,931.00 to be paid up to the anniversary of the date of judgment 

in year 2030, then beginning on the anniversary of the date of 

judgment in year 2030 an annual amount of $2,000.00 to be paid 

up to the anniversary of the date of judgment in year 2054, then 

beginning on the anniversary of the date of judgment in year 2054 

an annual amount of $1,000.00 to be paid for the remainder of 

petitioner’s life, all amounts increasing at the rate of four percent 

(4%), compounded annually from the date of judgment. 

 At the sole discretion of the Secretary of Health and Human Services, the periodic 

payments may be provided to petitioner in monthly, quarterly, annual or other installments. The 

“annual amounts” set forth above describe only the total yearly sum to be paid to petitioner and 

do not require that the payment be made in one annual installment. Petitioner will continue to 

receive the annuity payments from the Life Insurance Company only so long as petitioner is 

alive at the time that a particular payment is due. Written notice to the Secretary of Health and 

Human Services and the Life Insurance Company shall be provided within twenty (20) days of 

petitioner’s death. 

 The annuity contract will be owned solely and exclusively by the Secretary of Health and 

Human Services and will be purchased as soon as practicable following the entry of a judgment 

in conformity with this Proffer. The parties agree that upon the purchase of the annuity contract, 

 

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. 
3 

the Secretary of Health and Human Services and the United States of America are released from 

any and all obligations with respect to future annuity payments. 

 Petitioner authorizes respondent to disclose documents filed by 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. 

B. Remaining Compensation for Damages Available under 

42 U.S.C. § 300aa-15(a). 

In addition to the compensation proffered above in Section A of this Proffer, respondent 

proffers a lump sum $1,137,068.83 in the form of a check payable to petitioner.2

 This amount 

represents all remaining compensation for damages that would be available under 42 U.S.C. 

§ 300aa-15(a).3 

 Petitioner has reviewed the foregoing and agrees with the proffered award as stated above 

in Sections A and B of this Proffer.4

 Respectfully submitted, 

 JOSEPH H. HUNT 

 Assistant Attorney General 

 C. SALVATORE D’ALESSIO 

 Acting Director 

 Torts Branch, Civil Division 

 

2

 This sum consists of $3,931.00 for future life care plan expenses for the first year following the 

entry of judgment; $11,430.83 for past unreimbursed expenses; $160,000.00 for past and future 

pain and suffering at net present value; and $961,707.00 for past and future loss of earnings at 

net present value. 

3

 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. 

4

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

pursuant to 42 U.S.C. § 300aa-15(e). 
4 

 CATHARINE E. REEVES 

 Deputy Director 

 Torts Branch, Civil Division 

 ALEXIS B. BABCOCK 

 Assistant Director 

 Torts Branch, Civil Division 

 s/ RYAN D. PYLES 

 RYAN D. PYLES 

 Trial Attorney 

 Torts Branch, Civil Division 

 U.S. Department of Justice 

 P.O. Box 146 

 Benjamin Franklin Station 

 Washington, D.C. 20044-0146 

 Tel: (202) 616-9847 

DATED: March 2, 2020