In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 17-1136V

Filed: May 3, 2022

UNPUBLISHED

CAROYLN PIERSON,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Special Master Horner

Damages Decision Based on Proffer; 

Pneumococcal conjugate (“Prevnar13”) Vaccine; Guillain-Barre 

Syndrome (“GBS”)

Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner.

Austin Egan, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES1

On August 23, 2017, Carolyn Pierson filed a petition for compensation under the 

National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the 

“Vaccine Act”). On April 12, 2018, petitioner filed an amended petitioner, alleging that as 

a result of her pneumococcal conjugate (“Prevnar 13”) vaccine administered on January 

6, 2018, she suffered from Guillain-Barre Syndrome (“GBS”). (ECF No. 12.)

On January 19, 2022, a ruling on entitlement was issued, finding Petitioner entitled 

to compensation for her GBS. On May 3, 2022, Respondent filed a proffer on award of 

compensation (“Proffer”) indicating Petitioner should be awarded $155,000.00 in pain and 

suffering. (ECF No. 86.) In the Proffer, Respondent represented that Petitioner agrees 

with the proffered award. Id. Based on the record as a whole, I find that Petitioner is 

entitled to an award as stated in the Proffer.

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am 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 EGovernment 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.
2

Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump 

sum payment of $155,000.00 in the form of a check payable to Petitioner. This 

amount represents compensation for all damages that would 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/Daniel T. Horner

Daniel T. Horner

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

CAROLYN PIERSON, 

Petitioner,

v. 

SECRETARY OF HEALTH AND HUMAN 

SERVICES,

Respondent. 

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No. 17-1136V 

Special Master Horner

ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On August 23, 2017, petitioner filed a petition for compensation under the National 

Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C. §§ 300aa-1 et seq. (“Vaccine 

Act”). ECF No. 1. On April 12, 2018, petitioner filed an amended petition, alleging that as a 

result of a pneumococcal conjugate (“Prevnar-13”) vaccine administered on January 6, 2015, she 

suffered from Guillain-Barre Syndrome (“GBS”). ECF No. 12. On July 30, 2018, the Secretary 

of Health and Human Services (“respondent”) filed a Rule 4(c) Report recommending 

compensation be denied. ECF No. 20. On November 17 and 18, 2021, Special Master Horner 

held an entitlement hearing, and on January 19, 2022, he issued a Ruling on Entitlement, finding 

that petitioner was entitled to compensation for her GBS.

1

 ECF No. 80. 

 

1 Respondent has no objection to the amount of the proffered award of damages set forth herein. 

Assuming the Special Master issues a damages decision in conformity with this proffer, 

respondent waives his right to seek review of such damages decision. However, respondent 

reserves his right, pursuant to 42 U.S.C. § 300aa-12(e), to seek review of the Special Master’s 

January 19, 2022 entitlement decision.
2 

I. Items of Compensation 

Based on the evidence of record, respondent proffers that petitioner should be awarded 

$155,000.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). This amount represents 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 compensation provided to petitioner should be made through a 

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

Court’s judgment award the following2: a lump sum payment of $155,000.00, in the form of a 

check payable to petitioner. 

Respectfully submitted,

BRIAN M. BOYNTON

Principal Deputy Assistant Attorney General

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division

HEATHER L. PEARLMAN

Deputy Director 

Torts Branch, Civil Division

TRACI R. PATTON

Assistant Director

Torts Branch, Civil Division

 

2

 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 

/s/ AUSTIN J. EGAN 

Austin J. Egan

Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice 

P.O. Box 146, Ben Franklin Station

Washington, DC 20044-0146 

Tel: (202) 451-7479 

Austin.J.Egan@usdoj.gov 

Date: May 3, 2022