# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS
No. 20

- 1507 V
UNPUBLISHED

WISTERIA PEOPLES, on behalf of her daughter, S.P., a minor

,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: November 19, 2021

Special Processing Unit (SPU); Damages Decision Based on Proffer; Influenza (Flu) Vaccine; Guillain

Barre Syndrome (GBS)

John Robert Howie, Howie Law, PC, Dallas, TX , for Petitioner.

Julia Marter Collison , U.S. Department of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES 1

On November 2, 2020

, Wisteria Peoples filed a petition for compensation on behalf of her minor daughter, S.P. under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa

- 10, et seq. 2 (the “Vaccine Act”) . Petitioner alleges that her daughter suffered from Guillain

- Barre Syndrome as result of an influenza vaccination on December 7, 2017

. Petition at 1

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

On May 18, 2021

, a ruling on entitlement was issued , finding P etitioner entitled to compensation . On November 10, 2021

, R espondent filed a p roffer on a ward of compensation (“Proffer”) indicating P etitioner should be awarded $ 17.866.35 to satisfy
the State of Ohio Medicaid lien and $85,000.00, the amount proffered as sufficient to purchase an annuity contract as described in Proffer Section I.B

. Proffer at 2

- 3

. In the

1 Because this unpublished D ecision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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 E

Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). This means the D ecision 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 di sclosure 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 Proffer, R espondent represented that P etitioner agrees with the proffered award. Id.
Based on the record as a whole, I find that P etitioner is entitled to an award as stated in
the Proffer.

Pursuant to the terms stated in the attached Proffer, I award the following:

• A lump sum payment of $ 17,866.35 in the form of a check jointly payable to P etitioner and Ohio Tort Recovery Unit, Case Number 1185078, 5475 Rings Road, Suite 200, Dublin, OH 43017

. This amount represents compensation for all damages that w ould be available under
Section 15 (a) (1)(B);

• An amount of $85,000.00 to purchase the annuity contract described
in the Proffer Section I. B. This amount represents all remaining elements of compensation to which S.P. would be entitled 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 CO URT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS

WISTERIA PEOPLES, on behalf of her daughter, S.P., a minor,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. No. 20-1507V Chief Special Master Corcoran

ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On May 12, 2021, respondent filed a Vaccine Rule 4(c) report concluding that

petitioner’s child, S.P., suffered an injury that is compensable under the National Childhood

Vaccine Injury Act of 1986, as amended, 42 U.S.C. §§ 300aa-1 to -34, that is, an episode of

Guillain-Barre syndrome (“GBS”), as defined in the Vaccine Injury Table. Accordingly, on May

18, 2021, the Chief Special Master is sued a Ruling on Entitlement.

Based upon the evidence of record, respondent proffers, and the parties recommend, that

compensation be made through a lump sum and future annuity payments as described below, and

request that the Chief Special Master's decisi on and the Court's judgment award the following: 1

1 Should S.P. die prior to entry of judgment, the parties reserve the right to move the Court for appropriate relief. In part icular, respondent would oppose any award for future medical expenses, future lost earnings , and future pain and suffering.2 I. Items of Compensation

A. Medicaid Lien

Respondent proffers that petitioner should be awarded funds to satisfy the State of Ohio

Medicaid lien in the amount of $17,866.35 , which represents full sati sfaction of any right of

subrogation, assignment, claim, lien, or cause of action the State of Ohio may have against any

individual as a result of any Medicaid payments the State of Ohio has made to or on behalf of

S.P. from the date of her eligibility for benef its through the date of judgment in this case as a

result of S.P.’s alleged vacci ne-related injury suffered on or about December 7, 2017, under Title

XIX of the Social Security Act. Reimbursement of the State of Ohio Medicaid lien shall be

made through a lump sum payment of $ 17,866.35 , representing compensati on for satisfaction of

the State of Ohio Medicaid lien, in the form of a check payable join tly to petitioner and:

Ohio Tort Recovery Unit

Case Number 1185078 5475 Rings Road Suite 200 Dublin, OH 43017

Petitioner agrees to endorse the check to the Ohio Tort Recovery Unit for satisfaction of the

Medicaid lien.

B. Pain and Suffering

For pain and suffering, respondent proffers that petitioner should be awarded an amount

of $85,000.00 to purchase an annuity contract, 2 paid to the life insurance company 3 from which

2 In respondent’s discretion, respondent may purch ase 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 secur ity valuation reserve. The Life Insurance Company must have one of the following ratings from two of the following rating organizations:3 the annuity will be purchased, 4 subject to the conditions desc ribed below, that will provide

payments to S.P. as set forth below:

Beginning September 11, 2024, $10,881.28 semi-annually for four (4) years certain.

The purchase price of the annuity de scribed in this section I. B. shall neither be greater nor less

than $85,000.00. In the event that th e cost of the certain annuity pa yments set forth above varies

from $85,000.00, the semi-annual payments set forth a bove shall be adjusted to ensure that the

total cost of the annuity is ne ither less than nor greater than $85,000.00. Should S.P. predecease

any of the certain annuity payments set forth above, any remaining certain payments shall be

made to her estate. Written notice to the Secretary of Health and Human Services and to the Life

Insurance Company shall be provided within twenty (20) days of S.P.’s death.

These amounts represent all elements of co mpensation to which S.P. would be entitled

under 42 U.S.C. § 300aa-15(a). Petitioner agrees. 5

a. A.M. Best Company: A++, A+, A+g, A+p, A+r, or A+s;

b. Moody's Investor Servi ce Claims Paying Rating: Aa3, Aa2, Aa1, or Aaa;

c. Standard and Poor's Corporation In surer 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 disc losure of certain documents file d 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.

5 At the time the annuity paymen ts will be received, S.P. will be an adult, and thus guardianship is not required.4 II. Summary of Recommended Payments Following Judgment

A. A lump sum of $ 17,866.35 for reimbursement of a Medicaid lien ; and

B. An amount of $85,000.00 to purchase the annuity contract described above in

section I.B.

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

TRACI PATTON
Assistant Director Torts Branch, Civil Division

/s/ Julia M. Collison

JULIA M. COLLISON Trial Attorney Torts Branch, Civil Division U.S. Department of Justice

P.O. Box 146
Ben Franklin Station Washington, DC 20044-0146 Tel: (202) 305-0102 Julia.collison@usdoj.gov

Dated: November 10, 2021