In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 20-1507V

UNPUBLISHED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; GuillainBarre 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 DAMAGES1

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 Petitioner entitled to 

compensation. On November 10, 2021, Respondent filed a proffer on award of 

compensation (“Proffer”) indicating Petitioner 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1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am 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 sectionreferences to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 

300aa (2012).
2

Proffer, Respondent represented that Petitioner agrees with the proffered award. Id.

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 the following:

• A lump sum payment of $17,866.35 in the form of a check jointly 

payable to Petitioner and Ohio Tort Recovery Unit, Case Number 

1185078, 5475 Rings Road, Suite 200, Dublin, OH 43017. This amount

represents compensation for all damages that would 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 COURT 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 issued 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 decision 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 particular, 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 satisfaction 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 benefits through the date of judgment in this case as a 

result of S.P.’s alleged vaccine-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 compensation for satisfaction of 

the State of Ohio Medicaid lien, in the form of a check payable jointly 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 company3 from which 

 

2

 In respondent’s discretion, respondent may purchase 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 security 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 described 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 described in this section I. B. shall neither be greater nor less 

than $85,000.00. In the event that the cost of the certain annuity payments set forth above varies 

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

total cost of the annuity is neither 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 compensation 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 Service Claims Paying Rating: Aa3, Aa2, Aa1, or Aaa; 

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. 

4

 Petitioner authorizes the disclosure of certain documents filed 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 payments 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