# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 18

- 0233 V

UNPUBLISHED

GINA BECK

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: July 20, 2020

Special Processing Unit (SPU);

Damages Decision Based on Proffer;

Influenza (Flu) Vaccine; Guillain

Barre Syndrome (GBS)

Joseph Alexander Vuckovich, Maglio Christopher & Toale, PA, Washington, DC , for

petitioner.

Linda Sara Renzi , U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

On February 15, 2018

, Gina Beck filed a petition for compensation under the

National Vaccine Injury Compensation Program, 42 U.S.C. §300aa

- 10, et seq.

, 2 (the

“Vaccine Act”) . Petitioner alleges that she suffered Guillain

- Barr é Syndrome (GBS) as a

result of her March 8, 2015 influenza ( “ flu ” ) vaccination

. Petition at 1

. Petitioner further

alleges that she experienced sequelae of her GBS for more th an six months

. Petition at

2

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

Masters.

On December 19, 2018

, a ruling on entitlement was issued , finding P etitioner

entitled to compensation for GBS

. ECF 24. On July 20, 2020

, R espondent filed a p roffer

on a ward of compensation (“Proffer”) indicating P etitioner should be awarded

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am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

Government 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 “§” references to the Vaccine Act will be to the pe rtinent subparagraph of 42 U.S.C. §

300aa (2012).2 $ 1,083,725.96

. Proffer at 2

. Specifically, Respondent proffers that Petitioner should be

awarded $140,000.00 in pain an d suffering and $943,725.96 in lost wages. ECF 50. In

the 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 P etitioner a lump

sum payment of $ 1,083,725.96 in the form of a check payable to P etitioner

. 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/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

____________________________________ )

GINA BECK, )

)

Petitioner, )

) No. 18

- 233V

v. ) Chief Special Master

) Brian H. Corcoran

) ECF

SECRETARY OF HEALTH AND )

HUMAN SERVICES, )

)

Respondent. )

____________________________________)

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On February 15, 2018, Gina Beck (“petitioner”) filed a petition for compensation under

the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa

- 1 to

- 34 (“Vaccine Act”

or “Act”) , alleging that she suffered Guillain

- Barré Syndrome (“GBS”), following administration

of an influenza va ccine on March 8, 2015

. Petition at 1. On December 17, 2018 , the Secretary

of Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that this case is

appropriate for compensation under the terms of the Act for GBS, and on December 19, 2018

,

the Chief Special Master issued a Ruling on Entitlement finding petitioner entit led to

compensation. ECF No. 2 3; ECF No. 24

.

I. Items of Compensation

A. Pain and Suffering

Respondent proffers that petitioner should be awarded $ 1 40 ,0 00.00 in pain and suffering

.

See 42 U.S.C. § 300aa

- 15(a)(4). Petitioner agrees.2 B. Lost Wages

Evidence supplied by petitioner documents that she incurred past and future lost wages as

a result of her vaccine

- related injury. Respondent proffers that petitioner should be awarded lost

wages in the amount of $943,725.96. See 42 U.S.C. § 300aa

- 15(a)(3)(A). Petitioner agrees.

These amounts represent all elements of compensation to which petitioner is entitled

under 42 U.S.C. § 300aa

- 15(a)

. Petitioner agrees.

II. Form of the Award

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

Respondent recommends that the compensation provided to petitioner should be made thr ough a

lump sum payment as described below and requests that the Chief Special Master’s decision and

the Court’s judgment award the following 1 : a lump sum payment of $ 1,083

, 725.96

, in the form

of a check payable to petitioner.

III. Summary of Recommended Paym ents Following Judgment

Lump sum p ayable to petitioner, Gina Beck : $ 1,083,725.96

Respectfully submitted,

ETHAN P. DAVIS

Acting Assistant Attorney General

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division

CATHARINE E. REEVES

Deputy Director

Torts Branch, Civil Division

1 Should petitioner 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 lost earnings

and future pain and su ffering.3 ALEXIS B. BABCOCK

Assistant Director

Torts Branch, Civil Division

/s/ Linda S. Renzi

Linda S. Renzi

Senior Trial Counsel

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

Benjamin Franklin Station

Washington, D.C. 20044

- 0146

Tel: (202) 616

- 4133

DATED: July 20, 2020