In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 17-408V

Filed: September 4, 2020

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

DOROTHY E. COOPER, * UNPUBLISHED

*

Petitioner, * Decision on Damages;

* Guillain-Barre Syndrome

v. * (“GBS”); Influenza (“Flu”)

* Vaccine

SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

*

Respondent. *

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

Nancy Meyers, Esq., Turning Point Litigation, Greensboro, NC, for petitioner.

Camille Collett, Esq., US Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES1

Roth, Special Master:

On March 22, 2017, Dorothy Cooper [“Ms. Cooper” or “petitioner”] filed a petition for 

compensation under the National Vaccine Injury Compensation Program.

2 Petitioner alleges that 

she developed Guillain-Barre Syndrome (“GBS”) after receiving an influenza (“flu”) vaccination 

on March 4, 2016. See Petition, ECF No. 1. 

Respondent thereafter filed a report pursuant to Vaccine Rule 4(c) conceding that 

petitioner’s injury was caused-in-fact by the flu vaccination that she received on March 4, 2016, 

and that petitioner is entitled to compensation in this case. Respondent’s Report at 1, ECF No. 12. 

1 Although this Decision has been formally designated “unpublished,” it will nevertheless be posted on the 

Court of Federal Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-

347, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). This means the Decision 

will be available to anyone with access to the internet. However, the parties may object to the Decision’s 

inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party 

has fourteen days within which to request redaction “of any information furnished by that party: (1) that is 

a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes 

medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of 

privacy.” Vaccine Rule 18(b). Otherwise, the whole Decision will be available to the public. Id.

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

On November 13, 2017, I issued a ruling on entitlement finding that petitioner was entitled 

to compensation. See Ruling on Entitlement, ECF No. 13. On August 25, 2020, the parties filed a 

joint status report advising that petitioner and respondent had reached a proffer agreement. See 

Joint Status Report, ECF No. 63. 

Respondent filed a proffer on September 3, 2020, agreeing to issue the following payments:

A lump sum of $260,959.15, representing $150,000.00 for past and future pain and 

suffering, $88,160.35 in lost earnings, $14,756.47 in past unreimburseable medical 

expenses, and $8,042.23 in future out-of-pocket expenses, in the form of a check 

payable to petitioner, Dorothy Cooper. This amount represents compensation for all 

damages that would be available under § 300aa-15(a).

A lump sum in the amount of $3,212.81, representing funds to fully satisfy the 

North Carolina Division of Health Benefits Medicaid lien, payable jointly to the 

petitioner, Dorothy Cooper, and to: 

North Carolina Division of Health Benefits

Office of the Controller

2022 Mail Service Center

Raleigh, NC 27699-2022. 

I adopt respondent’s proffer attached hereto, and award compensation in the amount and 

on the terms set forth therein. The clerk of the court is directed to enter judgment in accordance 

with this decision.3

IT IS SO ORDERED.

s/ Mindy Michaels Roth

Mindy Michaels Roth

Special Master

3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice 

renouncing the right to seek review.
1 

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

DOROTHY E. COOPER, ) 

) 

Petitioner, ) No. 17-408V 

) Special Master 

v. ) Mindy Michaels Roth

) ECF 

) 

SECRETARY OF HEALTH ) 

AND HUMAN SERVICES, ) 

) 

Respondent. ) 

) 

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Compensation for Vaccine Injury-Related Items:

On November 12, 2017, respondent filed his Rule 4(c) Report, in which he 

conceded entitlement. On November 13, 2017, the Court issued a Ruling on Entitlement, 

finding that petitioner is entitled to compensation for her Guillain-Barre Syndrome 

(“GBS”). Respondent now proffers that petitioner receive an award of a lump sum of 

$260,959.15, in the form of a check payable to petitioner. The award is comprised of the 

following: $150,000.00 for past and future pain and suffering, $88,160.35 in lost 

earnings, $14,756.47 in past unreimbursable medical expenses, and $8,042.23 in future 

out-of-pocket expenses. This amount represents compensation for all elements of 

compensation under 42 U.S.C. § 300aa-15(a) to which petitioner is entitled.1

 Petitioner 

agrees. 

1

 Should petitioner die prior to the 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.
2 

II. Form of the Award:

The parties recommend that the compensation provided to Dorothy E. Cooper 

should be made through two lump sum payments as described below, and request that the 

special master’s decision and the Court’s judgment award the following:2

(1) A lump sum payment of $260,959.15, in the form of a check payable to

petitioner, Dorothy E. Cooper. This amount accounts for all elements of

compensation under 42 U.S.C. § 300aa-15(a) to which petitioner would be

entitled; and

(2) A lump sum payment of $3,212.81, representing compensation for satisfaction

of the North Carolina Division of Medical Assistance Medicaid lien, payable

jointly to petitioner and to:

North Carolina Division of Health Benefits

Office of the Controller

2022 Mail Service Center

Raleigh, NC 27699-2022 

Petitioner agrees to endorse this payment to North Carolina Division of Medical 

Assistance. 

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 and future pain and suffering. 

Respondent further proffers that petitioner, Dorothy E. Cooper, should be awarded

funds to satisfy, in full, the North Carolina Division of Health Benefits Medicaid lien in

the amount of $3,212.81, which represents satisfaction of any right of subrogation,

assignment, claim, lien, or cause of action the State of North Carolina may have against

any individual as a result of any Medicaid payments the State of North Carolina has made

to or on behalf of Dorothy E. Cooper from the date of her eligibility for benefits through 

the date of judgment in this case as a result of her vaccine-related injury, under Title XIX

of the Social Security Act.
3 

Petitioner is a competent adult. Evidence of guardianship is not required in this 

case.

Respectfully submitted,

ETHAN P. DAVIS

Acting 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

s/ Camille M. Collett

CAMILLE M. COLLETT

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) 616-4098 

E-mail: Camille.m.collett@usdoj.gov

Dated: September 3, 2020