# In the United **States Court of Federal Claims**

OFFICE OF SPECIAL MASTERS

Filed: June 6, 2022

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

JUDY ECHOLS

, * UNPU BLISHED

*

Petitioner, * No. 1 7

- 838 V

*

v. * Special Master Gowen

*

SECRETARY OF HEALTH * Decision on Da mages; Proffer ;

AND HUMAN SERVICES, * In fluenza ( “ Flu ” ); Left Brach ial

* Plexopathy.

Respondent. *

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

Lauran Levenberg, Muller Brazil, LLP, Dresher, PA, for Petitio ner.

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

DECISION ON DAMAGES 1

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 (“ F lu”) 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. Rulin g 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 P ursuant to the E

- Government Act of 2002, see 44 U.S.C. § 3501 note (2012), b ecause 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 th e 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 Nation al 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”). Herei nafter, 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 availab le under 42 U.S.C. §300aa

- 15(a):

1) A lump sum payment of $ 110,192.54 (consis ting of $110,000.00 for p ast pai n 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).