# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 17

- 355 V

(Not to be Published)

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

* Special Master Corcoran

NICOLE HOOPER

, *

*

Petitioner, * Filed: October 22, 2018

*

v. *

* Decision by Proffer ; Damages;

SECRETARY OF HEALTH * Influenza (“Flu”) Vaccine;

AND HUMAN SERVICES, * Guillain

- Barré s yndrome (“GBS”)

.

*

Respondent. *

*

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

D iana L. Stadelnikas

, Maglio Christopher and Toale, PA

, Sarasota, FL

, for Petitioner.

Christine M. Becer , U.S. Dep’t of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES 1

On M arch 15, 2017

, N icole Hooper filed a petition seeking compensation under the

National Vac cine Injury Compensation Program

. 2 ECF No. 1. Petitioner alleged that s he suffered

f rom Guillain

- Barré s yndrome (“GBS”) as a result of receiving the influenza (“flu”) vaccine on

October 2, 2015

.

Thereafter, on N ovember 13, 2017

, Respondent filed her Rule 4(c) R eport indicating that

medical personnel of the Division of Injury Compensation Programs (“DICP”), Department of

1 This D ecision will be posted on the United States Court of Federal Claims website, and in accordance with the E

Government Act of 2002, 44 U.S.C. § 3501 (2012). This means the Decision will be available to anyone with access

to the internet . As provided by 42 U.S.C. § 300aa

- 12(d)(4)(B), however, the parties may object to the published

decision’s inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party

has fourteen days within which to request 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 cl early unwarranted invasion of privacy.” Vaccine Ru le 18(b).

Otherwise, the whole D ecision will be available to the public in its current form. Id.

2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99

- 660,

100 Stat. 3758, codified as amended at 42 U.S.C. §§ 300aa

- 10 through 34 (20 12) (“Vaccine Act” or “the Act”)

. Individual section references hereafter will be to § 300aa of the Act (but will omit that statutory prefix)

.2

Heal th and Human Services c oncluded that Petitioner has satisfied the criteria for a GBS/flu

vaccine injury as set forth in the Vaccine Injury T a ble ( “ Table ” )

. S ee Rule 4 (c) Report, filed

November 13, 2017 (ECF No. 16) at 3

. A ccording to Respondent , the evidence shows that

Peti tioner suffered GBS following administration of the flu vaccine, and that ons et occurred within

the time period specified in the T a ble

. Id. Thus , Resp ondent indicated t hat based on her review of

the r ecord Petitioner satisfied all legal prerequisites for compensation under the Act

. Id. I

subsequently issued a ruling on entitlement that same day. See ECF No. 17

.

O n October 22 , 2018 , Respondent filed a proffer proposing an award of compensation

.

E C F No. 32

. I have reviewed the file , and based upon that review I conclude that the Respondent’s

proffer (as attached hereto) is reasonable

. I therefore adopt it as my decision in awarding d amages

on the terms set forth therein.

The proffer awards:

 A lump sum payment of $ 122,730.88

, representing compensation for pain and suffering

($85,000.00 )

, past and fut ure lost earnings ($33,204.43 )

, and out of pocket expenses

($4,526. 45)

, in the form of a check payable to P etitioner

.

Proffer at I I. These amount s represent compensation for all elements of compensation under 42

U.S. C. § 300aa

- 15(a) to which P etitioner is entitled.

I approve a Vaccine Program award in the requested amount set forth above to be made to

Petitioner

. In the absence of a motion for review filed pursuant to RCF C Appendix B, the clerk of

the C ourt is directed to enter judgment herewith. 3

IT IS SO ORDERED.

/s/ Brian H. Corcoran

Brian H. Corcoran

Special Master

3 Pursuant to Vaccine Rule 11(a), the part ies may expedite entry of judgment by each filing (either jointly or separately)

a notice renouncing their right to seek review.IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

____________________________________ )

NICOLE HOOPER, )

)

Petitioner, )

) No. 17

- 355V

v. ) Special Master Corcoran

) ECF

SECRETARY OF HEALTH AND )

HUMAN SERVICES, )

)

Respondent. )

____________________________________)

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Items of Compensation

Based upon the evidence of record, respondent proffer s that petitioner should be awarded

$ 122,730.8 8 which represents all elements of compensation to which petitioner would be entitled

under 42 U.S.C. § 300aa

- 15(a). 1 This amount includes $85,000.00 for pain and suffering, $33,

204.43 for past and future lost wages, and $4,526.45 for out of pocket expenses. Petitioner

agrees.

II. Form of the Award

The parties recommend that the compensation provided to petitioner should be made

through a lump sum payment of $ 122,730.88 in the form of a c heck payable to petitioner.

Petitioner agrees.

Respectfully submitted,

JOSEPH H. HUNT

Assista nt Attorney General

1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court

for appropriate relief. In particular, resp ondent would oppose any award for future medical

e xpenses , future lost earnings, and future pain and suffering

.2 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/Christine Mary Becer

CHRISTINE MARY BECER

Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

Benjamin Franklin Station

Washington, D.C. 20044

- 0146

Tel: (202) 616

- 3665

Date: October 22, 2018