In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 16-1459V

Filed: October 10, 2018

UNPUBLISHED

NANCY CALHOUN,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Influenza (Flu) Vaccine; GuillainBarre Syndrome (GBS)

Simina Vourlis, Law Offices of Simina Vourlis, Columbus, OH, for petitioner.

Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES1

Dorsey, Chief Special Master:

On November 4, 2016, Tommy Calhoun filed a petition for compensation under 

the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,

2

(the 

“Vaccine Act”) on behalf of his mother, Nancy Calhoun, who had granted him limited 

power of attorney for her affairs.

3

 The petition alleges that Nancy Calhoun suffered 

Guillain-Barre Syndrome (“GBS”) as a result of her influenza vaccination on September 

18, 2014. Petition at 1,5. The case was assigned to the Special Processing Unit of the 

Office of Special Masters.

 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 

undersigned intends 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). 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, the undersigned agrees that the identified material fits 

within this definition, the undersigned 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. 

§ 300aa (2012).

3 On May 11, 2018, the court granted petitioner’s motion to amend the caption to reflect Nancy Calhoun 

as the sole petitioner because her mental and physical capacity had improved and Mr. Calhoun no longer 

met the criteria as a person who could file a vaccine petition under §11(b)(1)(A). Order, issued May 11, 

2018 (ECF No. 46). 
2

On August 21, 2018, respondent filed an Amended Rule 4(c) Report and Proffer 

on Damages.4 On August 22, 2018, a ruling on entitlement was issued, finding 

petitioner entitled to compensation for GBS. On August 21, 2018, respondent filed a 

proffer on award of compensation (“Proffer”) indicating petitioner should be awarded 

$146,667.00, representing pain and suffering ($135,000.00), past unreimbursable out of 

pocket expenses ($6,167.00), and future unreimbursable out of pocket expenses 

($5,500.00). Proffer at 8. In the Proffer, respondent represented that petitioner agrees 

with the proffered award. Based on the record as a whole, the undersigned finds that 

petitioner is entitled to an award as stated in the Proffer.

Pursuant to the terms stated in the August 21, 2018 Amended Rule 4(c) Report 

and Proffer (ECF No. 62), the undersigned awards petitioner a lump sum payment 

of $146,667.00 (representing $135,000.00 for pain and suffering, $6,167.00 for past 

unreimbursable out of pocket expenses, and $5,500.00 for future unreimbursable 

out of pocket expenses) in the form of a check payable to petitioner, Nancy 

Calhoun. This amount represents compensation for all damages that would be 

available under § 300aa-15(a). 

The clerk of the court is directed to enter judgment in accordance with this 

decision.5

IT IS SO ORDERED.

s/Nora Beth Dorsey

Nora Beth Dorsey

Chief Special Master

 

4 Previously, respondent filed a Rule 4(c) Report and Proffer on Damages on May 15, 2018. The 

undersigned issued a ruling on entitlement and decision awarding damages on May 16, 2018, and 

judgment was entered on May 21, 2018. On July 19, 2018, the parties moved jointly for relief from 

judgment pursuant to RCFC 60(b) due to an error in the sub-amounts listed in the Proffer. On August 16, 

2018, the court granted the Rule 60(b) motion, vacated judgment, and withdrew the May 16, 2018 

entitlement and damages decisions. Order, issued Aug. 16, 2018 (ECF No. 61). On August 21, 2018 

respondent filed an Amended Rule 4(c) Report and Proffer (ECF No. 62). On August 22, 2018, the court 

issued a ruling on entitlement (ECF No. 63) and decision awarding damages (ECF No. 64), and judgment 

was entered on August 23, 2018 (ECF No. 66). On October 4, 2018, the parties filed a Second Joint 

Motion for Relief from Judgment (ECF No. 69). That motion was granted on October 10, 2018 and the 

August 22, 2018 damages decision was withdrawn and the August 23, 2018 judgment was vacated. The 

court now reissues a decision awarding damages listing a corrected award of damages. 

5 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.