In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

Filed: June 6, 2022

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

JUDY ECHOLS, * UNPUBLISHED

*

Petitioner, * No. 17-838V

*

v. * Special Master Gowen

*

SECRETARY OF HEALTH * Decision on Damages; Proffer;

AND HUMAN SERVICES, * Influenza (“Flu”); Left Brachial

* Plexopathy.

Respondent. *

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

Lauran Levenberg, Muller Brazil, LLP, Dresher, PA, for Petitioner. 

Katherine Esposito, U.S. Dept. of Justice, Washington, D.C., for respondent. 

DECISION ON DAMAGES1

On June 21, 2017, Judy Echols (“petitioner”) filed a petition in the National Vaccine 

Injury Compensation Program.2 Petition (ECF No. 1). Petitioner alleged that as a result of 

receiving the influenza (“Flu”) vaccine on November 12, 2015, she suffered from left brachial 

plexopathy. Id. On September 14, 2021, the undersigned issued a Ruling on Entitlement, finding 

that petitioner was entitled to compensation. Ruling on Entitlement (ECF No. 71). 

On June 6, 2022, the respondent filed a Proffer of Award of Compensation, which 

indicates petitioner’s agreement to compensation on the terms set forth therein. Proffer (ECF 

No. 88). The proffer is attached hereto as Appendix A. 

1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this opinion contains a

reasoned explanation for the action in this case, I intend to post it on the website of the United States Court of

Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. Before the opinion is 

posted on the court’s website, each party has 14 days to file a motion requesting 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). An objecting party must provide the court with a proposed 

redacted version of the opinion. Id. If neither party files a motion for redaction within 14 days, the opinion will be 

posted on the court’s website without any changes. Id.

2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine 

Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-10 to 34 (2012) 

(hereinafter “Vaccine Act” or “the Act”). Hereinafter, individual section references will be to 42 U.S.C. § 300aa of 

the Act.
2

Consistent with the terms in the attached Proffer, I hereby award the following in 

compensation for all damages that would be available under 42 U.S.C. §300aa-15(a):

1) A lump sum payment of $110,192.54 (consisting of $110,000.00 for past pain and 

suffering, and $192.54 for past unreimbursed expenses) in the form of a check 

made payable to petitioner. 

The Clerk of the Court is directed to ENTER JUDGMENT in accordance with this 

decision. 3

IT IS SO ORDERED. 

s/Thomas L. Gowen

Thomas L. Gowen

Special Master

3 Entry of judgment is expedited by each party’s filing notice renouncing the right to seek review. Vaccine Rule 

11(a).