# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 17

- 106 V
Filed: October 27, 2017
UNPUBLISHED

MARCIA MILLER

,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

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

Barre Syndrome (GBS)

Randall G. Knutson, Knutson & Casey Law Firm, Mankato, MN

, for petitioner. Debra A. Filteau Begley , U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

Dorsey

, Chief Special Master:

On January 23, 2017 , petitioner filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa

- 10, et seq.

, 2 (the “Va ccine Act”). Petitioner alleged that she develop ed Guillain

- Barré Syndrome (“GBS”) resulting from the influenza v accine she received on September 29 , 2015 . Petition at 1

, ¶¶ 4

, 17

- 18

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

On July 28, 2017

, respondent filed his Rule 4(c) Report stating that he “do es not contest entitlement in this matter.” Respondent’s Rule 4(c) Report at 1

. The same day,

a rul i ng on entitlement was issued , finding petitioner entitled to compensation . On October 27, 2017 , respondent filed a p roffer on a ward of compensation (“Proffer ”) indicating petitioner should be awarded $ 1 60,000.00 for past and future pain and suffering and $500.00 for past unreimbursed medical exp enses for a total award of

1 Because this unpublished decision contains a reasoned explanatio n for the action in this case, the undersigned intend s to post it on the United States Court of Federal Claims'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 agree s that the ident ified 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

eas e of citation, all “§” references to the Vaccine Act will be to the pertinent subpara graph of 42 U.S.C. § 300aa (2012 ).2

$ 160,500.00

. Proffer at 1

. 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 attached Proffer, the undersigned award s petitioner a lump sum payment of $ 1 60,500.00 in the form of a check payable to petitioner, M arcia Miller

. This total amount of damages represents $160,000.00 for past and future pain and suffering and $500.00 for past unreimbursed medical

expenses. This amount represents compensation for all damages that w ould be available under § 15(a).

The clerk of the court is directed to enter judgment in accordance with this
decision. 3

IT IS SO ORDERED.

s/Nora Beth Dorsey Nora Beth Dorsey
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

************************************* MARCIA MILLER, *

* Petitioner, * No. 17-106V

* C HIEF S PECIAL M ASTER v. * N ORA B ETH D ORSEY
*
SECRETARY OF HEALTH AND *
HUMAN SERVICES , *

* Respondent. *

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

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Items of Compensation

The Court issued a Ruling on Entitlement on July 28, 2017. Based upon the evidence of

record, respondent proffers that petitioner s hould be awarded compensation as follows:

$160,000.00, for past and future pain and sufferi ng, and $500.00 for past unreimbursed medical

expenses. These amounts represent all elements of compensation to which petitioner would be

entitled under 42 U.S.C. § 300aa-15(a). 1 Petitioner agrees.

II. Form of the Award

Petitioner is a competent adult. Evidence of guardianship is not requ ired in this case.

Respondent recommends that the compensation pr ovided to petitioner sh ould be made through a

lump sum payment of $160,500.00, in the form of a check payable to petitioner. Petitioner

agrees.

1 Should petitioner die prior to the entry of j udgment, the parties rese rve the right to move the Court for appropriate relief . In particular, respondent w ould oppose any award for future medical expenses, future lost earnings, and future pain and suffering.2 Respectfully submitted,

CHAD A. READLER Acting Assistant Attorney General

C. SALVATORE D’ALESSIO Acting Director Torts Branch, Civil Division

CATHARINE E. REEVES Deputy Director Torts Branch, Civil Division

ALEXIS B. BABCOCK

Assistant Director Torts Branch, Civil Division

/s/ DEBRA A. FILTEAU BEGLEY

DEBRA A. FILTEAU BEGLEY Trial Attorney Torts Branch, Civil Division U.S. Department of Justice

P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Phone: (202) 616-4181 Dated: October 27, 2017