# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 19

- 1744 V

UNPUBLISHED

GARY J. HUDECK

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: November 10, 2020

Special Processing Unit (SPU);

Damages Decision Based on Proffer;

Influenza (Flu) Vaccine; Guillain

Barre Syndrome (GBS)

Matthew F. Belanger, Faraci Lange, LLP, Rochester , NY , for petitioner.

Alexa Roggenkamp , U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

On November 1 2 , 20 19

, Gary J. Hudeck 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 he suffered Guillain

- Barre S yndrome (“GBS”) as a

result of an influenza (“flu”) vaccine received on March 21, 2017

. Petition at 1

. The case

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

On August 2 8 , 202 0

, a ruling on entitlement was issued , finding P etitioner entitled

to compensation for GBS . On November 9, 2020

, R espondent filed a p roffer on a ward of

compensation (“Proffer”) indicating P etitioner should be awarded $ 225,000.00 in actual

pain and suffering and funds to satisfy a State of Michigan Medicaid lien in the amount of

$129,797.15

. Proffer at 1

- 2

. In the Proffer, R espondent represented that P etitioner agrees

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am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 pertinent subparagraph of 42 U.S.C. § 300aa

(2012).2 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 the following

compensation:

1) A lump sum payment of $225,000.00 in the form of a check payable to

petitioner ; and

2) A lump sum payment of $129,797.15, representing compensation for

satisfaction of the State of Michigan Medicaid lien, payable jointly to

petitioner and to:

OPTUMINSIGHT, INC.

L

- 182643 GW2W10

5555 Cleveland Avenue

Columbus, OH 43231

Petitioner agrees to endorse this payment to OPTUMINSIGHT, INC. for

satisfaction of the Medicaid lien. 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 fil ing of notice

renouncing the right to seek review.IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

GARY J. HUDECK,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. No. 19

- 1744V

Chief Special Master Corcoran

ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On November 12, 2019

, Gary J. Hudeck (“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 he suffered Guillain

- Barre syndrome ( “ GBS ” ) as a result

of an influenza ( “ flu ” ) va ccine administered to him on March 21, 2017

. Petition (“Pet.”) at 1.

On August 24, 2020 , 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 A ct,

and the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to

compensat ion on August 28, 2020. ECF No. 30; ECF No. 31

.

I. Items of Compensation

A. Pain and Suffering

Respond ent proffers that Gary J. Hudeck should be awarded $ 225 ,000.00 in actual pain

and suffering. See 42 U.S.C. § 300aa

- 15(a)(4). Petitioner agrees.2 B. Medicaid Lien

Respondent proffers that petitioner should be awarded funds to satisfy a State of

Michigan Medicaid lien in the amount of $ 129,797.15 , which represents full satisfaction of any

right of subrogation, assignment, claim, lien, or cause of action the State of Michigan may have

against any individual as a result of any Medicaid payments the State of Michigan has made to or

on behalf of petit ioner from the date of his eligibility for benefits through the date of judgment in

this case as a result of her alleged vaccine

- related injury suffered on or about March 21, 2017,

under Title XIX of the Social Security Act.

The above amounts represent all elements of compensation to which petitioner would be

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 co mpensation provided to petitioner be made through two

lump sum payments as described below:

1) A lump sum payment of $ 225,000.00 in the form of a check payable to

petitioner. 1

2) A lump sum payment of $ 129,797.15 , representing compensat ion for satisfaction

of t he State of Michigan Medicaid lien, payable jointly to petitioner and to:

OPTUMINSIGHT, INC.

L

- 182643 GW2W10

5555 Cleveland Avenue

Columbus, OH 43231

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 suffering.3 Petitioner agrees to endorse this payment to OPTUMINSIGHT, INC

. for satisfaction of

the Medicaid lien.

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

Respectfully submitted,

JEFFREY BOSSERT CLAR K

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 / Alexa Roggenkamp

ALEXA ROGGENKAMP

Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

Benjamin Franklin Station

Washington, D.C. 20044

- 0146

(202) 616

- 4179

alexa.roggenkamp@usdoj.gov

DATED: November 9

, 2020