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In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS 

(Filed: July 5, 2017) 

No. 14-741V 

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

SARA ELIZABETH SAJBEL, * UNPUBLISHED 

as Representative of the Estate of * 

B.B.T., Deceased * 

 * 

Petitioner, * Decision Awarding Damages;

 * Proffer; Hepatitis B Vaccine; 

v. * Hemophagocytic 

 * Lymphohistiocytosis (“HLH”); 

SECRETARY OF HEALTH * Death. 

AND HUMAN SERVICES, * 

 * 

 Respondent. * 

 * 

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

Richard Gage, Esq., Richard Gage, P.C., Cheyenne, WY, for petitioner. 

Lisa Watts, Esq., US Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES1

Roth, Special Master: 

 On August 15, 2014, Sara Sajbel [“Ms. Sajbel or “petitioner”] filed a petition for 

compensation under the National Vaccine Injury Compensation Program2

on behalf of the estate 

 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I 

intend to post this decision on the United States Court of Federal Claims' website, in accordance 

with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified 

as amended at 44 U.S.C. § 3501 note (2012)). In accordance with Vaccine Rule 18(b), a party 

has 14 days to identify and move to delete medical or other information, that satisfies the criteria 

in 42 U.S.C. § 300aa-12(d)(4)(B). Further, consistent with the rule requirement, a motion for 

redaction must include a proposed redacted decision. If, upon review, I agree that the identified 

material fits within the requirements of that provision, I will delete 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).
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of her deceased minor child, B.B.T. Petitioner alleges that B.B.T. developed hemophagocytic 

lymphohistiocytosis (“HLH”) after receiving a hepatitis B vaccine on March 28, 2013, which 

resulted in his death on June 26, 2013. See Petition, ECF No. 1. 

 An entitlement hearing was held; on March 31, 2017, the undersigned issued a Ruling on 

Entitlement finding that petitioner was entitled to compensation. See Ruling on Entitlement, ECF 

No. 75. 

 

Respondent filed a proffer on July 5, 2017, agreeing to issue the following payments: 

(1) A lump sum of $503,156.00, representing compensation for the statutory 

death benefit ($250,000.00), past pain and suffering ($250,000.00), and past 

unreimbursed expenses ($3,156.00) in the form of a check payable to petitioner, 

Sara Sajbel, as legal representative of the estate of B.B.T.3

(2) A lump sum payment of $125,681.34, representing compensation for satisfaction 

of the State of Colorado Medicaid lien (State I.D. O304559), payable jointly to 

petitioner and 

The Department of Health Care Policy & Financing 

1570 Grant Street 

Denver, CO 80203 

Attn: Mr. Vialpando 

Petitioner agrees to endorse this payment to the State of Colorado. This amount 

represents compensation for all damages that would be available under § 300aa-15(a). 

 I adopt respondent’s proffer attached hereto, and award compensation in the amount and 

on the terms set forth therein. The clerk of the court is directed to enter judgment in accordance 

with this decision.4

 

IT IS SO ORDERED. 

 

s/ Mindy Michaels Roth 

 Mindy Michaels Roth 

 Special Master 

 

 

3 Pursuant to respondent’s Proffer, no payment shall be made until petitioner provides respondent 

with documentation establishing she has been appointed as the legal representative of the estate 

of B.B.T. 

4 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a 

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

OFFICE OF SPECIAL MASTERS

_______________________________________ 

SARA ELIZABETH SAJBEL, as ) 

Representative of the Estate of ) 

B.B.T., Deceased, ) 

 ) ECF

Petitioner, )

)

v. ) No. 14-741V 

 ) Special Master

SECRETARY OF HEALTH AND HUMAN ) Mindy Michaels Roth

SERVICES, )

)

Respondent. ) 

) 

RESPONDENT'S PROFFER ON AWARD OF COMPENSATION

In her Ruling on Entitlement issued on March 31, 2017, the Special Master found that a 

preponderance of the evidence indicates that a Hepatitis B vaccine administered to B.B.T. on 

March 28, 2013, caused his hemophagocytic lymphohistiocytosis, which resulted in his death on 

June 26, 2013. Respondent now Proffers the following regarding the amount of compensation to 

be awarded.

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I. Items of Compensation 

A. Death Benefit

Respondent proffers that petitioner, on behalf of B.B.T.’s estate, should be awarded 

$250,000.00 as provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(2). Petitioner agrees.

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 The parties have no objection to the proffered award of damages. However, respondent 

reserves his right to seek review of the Special Master’s decision pursuant to 42 U.S.C. § 300aa12(e)(1).
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B. Pain and Suffering 

Respondent proffers that petitioner, on behalf of B.B.T.’s estate, should be awarded 

$250,000.00 in actual pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. 

C. Past Unreimbursed Expenses

Petitioner claims $3,156.00 for past unreimbursed expenses related to B.B.T.’s vaccinerelated injury and death. Respondent proffers that petitioner should be awarded past 

unreimbursed expenses in the amount of $3,156.00. Petitioner agrees. 

D. Medicaid Lien

Respondent proffers that petitioner, on behalf of B.B.T.’s estate, should be awarded funds 

to satisfy the State of Colorado lien in the amount of $125,681.34, which represents full 

satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the State of 

Colorado may have against any individual as a result of any Medicaid payments the State of 

Colorado has made on behalf of B.B.T. from the date of his eligibility for benefits through the 

date of his death as a result of his vaccine-related injury under Title XIX of the Social Security 

Act. Petitioner agrees.

II. Form of the Award

The parties recommend that the compensation awarded to petitioner, on behalf of

B.B.T.’s estate, be made in lump sum payments as described below, and request that the Special 

Master’s decision and the Court’s judgment award the following: 

A. A lump sum payment of $503,156.00, representing compensation for the statutory 

death benefit ($250,000.00), past pain and suffering ($250,000.00), and past unreimbursed 

expenses ($3,156.00) in the form of a check payable to petitioner as the legal representative of 

the estate of B.B.T. No payment shall be made until petitioner provides respondent with 
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documentation establishing she has been appointed as the legal representative of the estate of 

B.B.T. If petitioner is not authorized by a court of competent jurisdiction to serve as the legal 

representative of the estate of B.B.T., any such payment shall be made to the party or parties 

appointed by a court of competent jurisdiction to serve as the legal representative of the estate of 

B.B.T. upon submission of written documentation of such appointment to the Secretary. 

B. A lump sum payment of $125,681.34, representing compensation for satisfaction of 

the State of Colorado Medicaid lien (State I.D. O304559), payable jointly to petitioner and 

The Department of Health Care Policy & Financing

1570 Grant Street 

Denver, CO 80203 

Attn: Mr. Vialpando 

Petitioner agrees to endorse this payment to the State of Colorado. 

III. Summary of Recommended Payments Following Judgment

A. Lump sum paid to petitioner as legal representative

of the estate of B.B.T.: $ 503,156.00

B. Medicaid Lien: $ 125,681.34

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 

GABRIELLE M. FIELDING

Assistant Director 

Torts Branch, Civil Division 
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s/ Lisa A. Watts 

LISA A. WATTS

Senior 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) 616-4099 

DATED: July 5, 2017