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In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 11-140V

Filed: June 15, 2015

* * * * * * * * * * * * * * * * UNPUBLISHED

SHERRY SALMINS, *

 *

 * Special Master Dorsey

Petitioner, *

 *

v. *

 * Decision on Damages;

SECRETARY OF HEALTH * HPV vaccine; 

AND HUMAN SERVICES, * Guillain-Barré Syndrome.

 *

Respondent. *

 *

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

Meredith Daniels and Ronald C. Homer, Conway, Homer & Chin-Caplan, P.C., Boston, MA, for 

petitioner.

Jennifer L. Reynaud, United States Department of Justice, Washington, DC, for respondent.

DECISION ON DAMAGES1

On March 7, 2011, Sherry Salmins (“petitioner”) filed a petition pursuant to the National 

Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleged 

that as a result of receiving a Human Papillomavirus (“HPV”) vaccine on January 27, 2009, she

developed Guillain-Barré Syndrome. Amended Petition at Preamble. Further, petitioner alleged 

that she experienced residual effects of her injury for more than six months. Id. at ¶ 38.

 

1 Because this decision contains a reasoned explanation for the undersigned’s action in this case, 

the undersigned intends to post this ruling on the website of the United States Court of Federal 

Claims, 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 (2006)). As provided by 

Vaccine Rule 18(b), each party has 14 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 clearly unwarranted invasion of privacy.” Vaccine Rule 

18(b).

2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National 

Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 

42 U.S.C. §§ 300aa-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to 

individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.
2

On August 31, 2011, respondent filed a Rule 4(c) Report [“Respondent’s Report”] arguing 

against compensation for petitioner under the terms of the Vaccine Act. Resp’t Report at 1. The 

parties filed respective expert reports and an entitlement hearing was held before the undersigned 

on August 21, 2013. A Ruling on Entitlement, finding that petitioner is entitled to compensation 

based on an injury caused-in-fact by a covered vaccine, was issued on March 31, 2014. On April 

3, 2014, a damages order was issued.

On June 11, 2015, respondent filed a Proffer on an award of compensation, indicating that 

petitioner has agreed to compensation in the amount of $1,405,466.39 lump sum, to be paid to 

petitioner only, for life care expenses expected to be incurred during the first year after judgment, 

lost earnings, pain and suffering, and past unreimburseable expenses. Petitioner has also agreed to

receive an amount sufficient to purchase an annuity contract described in section II(B) of the 

Proffer, attached hereto as Appendix A. On June 15, 2015, petitioner’s counsel was contacted by 

the undersigned’s chambers, and counsel confirmed petitioner’s agreement with the proposed 

compensation amounts. Accordingly, pursuant to the terms in the attached Proffer, the 

undersigned awards petitioner the following compensation for all damages that would be 

available under 42 U.S.C. § 300aa-15(a):

1. A lump sum payment of $1,405,466.39 in the form of a check payable to 

petitioner, Sherry Salmins; and

2. An amount sufficient to purchase an annuity contract to provide the 

benefits described in section II, paragraph B of the Proffer, to be paid 

to a life insurance company meeting the criteria described in footnote 4.

In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of 

the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3

IT IS SO ORDERED.

s/ Nora Beth Dorsey

 Nora Beth Dorsey

Special Master

 

3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of 

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

OFFICE OF SPECIAL MASTERS

SHERRY SALMINS,

Petitioner, 

v. 

SECRETARY OF HEALTH AND

HUMAN SERVICES, 

Respondent.

 No. 11-140V

 Special Master Dorsey

 ECF

RESPONDENT'S PROFFER ON AWARD OF COMPENSATION

I. Items of Compensation

A. Life Care Items

The parties engaged life care planner Laura Fox, MSN, RN, CLCP, and petitioner 

engaged Maureen Clancy, RN, BSN, CLCP, to provide an estimation of Sherry Salmins’s future 

vaccine-injury related needs. For the purposes of this proffer, the term “vaccine related” is as 

described in the Special Master’s Ruling on Entitlement filed March 31, 2014. All items of 

compensation identified in the life care plan are supported by the evidence, and are illustrated by 

the chart entitled Appendix A: Items of Compensation for Sherry Salmins, attached hereto as 

Tab A.1 Respondent proffers that Sherry Salmins should be awarded all items of compensation 

set forth in the life care plan and illustrated by the chart attached at Tab A. Petitioner agrees.

 1 The chart at Tab A illustrates the annual benefits provided by the life care plan. The annual benefit years 

run from the date of judgment up to the first anniversary of the date of judgment, and every year thereafter up to the 

anniversary of the date of judgment.

Case 1:11-vv-00140-UNJ Document 118 Filed 06/11/15 Page 1 of 5
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B. Lost Earnings

The parties agree that based upon the evidence of record, Sherry Salmins has suffered a 

past loss of earnings and will continue to suffer a loss of earnings in the future. Therefore, 

respondent proffers that Sherry Salmins should be awarded lost earnings as provided under the 

Vaccine Act, 42 U.S.C. § 300aa-15(a)(3)(A). Respondent proffers that the appropriate award for 

Sherry Salmins’s lost earnings is $1,198,320.52. Petitioner agrees.

C. Pain and Suffering

Respondent proffers that Sherry Salmins should be awarded $180,000.00 in actual and 

projected pain and suffering. This amount reflects that any award for projected pain and 

suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner 

agrees.

D. Past Unreimbursable Expenses

Evidence supplied by petitioner documents Sherry Salmins’s expenditure of past 

unreimbursable expenses related to her vaccine-related injury. Respondent proffers that 

petitioner should be awarded past unreimbursable expenses in the amount of $5,047.17. 

Petitioner agrees.

E. Medicaid Lien

Petitioner represents that there are no Medicaid liens outstanding against her.

II. Form of the Award

The parties recommend that the compensation provided to Sherry Salmins should be 

made through a combination of lump sum payments and future annuity payments as described 

Case 1:11-vv-00140-UNJ Document 118 Filed 06/11/15 Page 2 of 5
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below, and request that the Special Master’s decision and the Court’s judgment award the 

following:2

A. A lump sum payment of $1,405,466.39, representing compensation for life care 

expenses expected to be incurred during the first year after judgment ($22,098.70), lost earnings 

($1,198,320.52), pain and suffering ($180,000.00), and past unreimbursable expenses 

($5,047.17), in the form of a check payable to petitioner, Sherry Salmins.

B. An amount sufficient to purchase an annuity contract,3 subject to the conditions 

described below, that will provide payments for the life care items contained in the life care plan, 

as illustrated by the chart at Tab A, attached hereto, paid to the life insurance company4 from

which the annuity will be purchased.5 Compensation for Year Two (beginning on the first 

anniversary of the date of judgment) and all subsequent years shall be provided through 

respondent’s purchase of an annuity, which annuity shall make payments directly to petitioner, 

Sherry Salmins, only so long as Sherry Salmins is alive at the time a particular payment is due. 

At the Secretary’s sole discretion, the periodic payments may be provided to petitioner in 

 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 medical expenses, future lost 

earnings, and future pain and suffering.

3

 In respondent’s discretion, respondent may purchase one or more annuity contracts from one or more life 

insurance companies.

4

 The Life Insurance Company must have a minimum of $250,000,000 capital and surplus, exclusive of 

any mandatory security valuation reserve. The Life Insurance Company must have one of the following ratings 

from two of the following rating organizations:

a. A.M. Best Company: A++, A+, A+g, A+p, A+r, or A+s;

b. Moody's Investor Service Claims Paying Rating: Aa3, Aa2, Aa1, or Aaa;

c. Standard and Poor's Corporation Insurer Claims-Paying Ability Rating: AA-, AA, AA+, or 

AAA;

d. Fitch Credit Rating Company, Insurance Company Claims Paying Ability Rating: AA-, AA, 

AA+, or AAA. 

Case 1:11-vv-00140-UNJ Document 118 Filed 06/11/15 Page 3 of 5
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monthly, quarterly, annual or other installments. The “annual amounts” set forth in the chart at 

Tab A describe only the total yearly sum to be paid to petitioner and do not require that the 

payment be made in one annual installment.

1. Growth Rate

Respondent proffers that a four percent (4%) growth rate should be applied to all nonmedical life care items, and a five percent (5%) growth rate should be applied to all medical life 

care items. Thus, the benefits illustrated in the chart at Tab A that are to be paid through annuity 

payments should grow as follows: four percent (4%) compounded annually from the date of 

judgment for non-medical items, and five percent (5%) compounded annually from the date of 

judgment for medical items. Petitioner agrees.

2. Life-contingent annuity

Petitioner will continue to receive the annuity payments from the Life Insurance 

Company only so long as she, Sherry Salmins, is alive at the time that a particular payment is 

due. Written notice shall be provided to the Secretary of Health and Human Services and the 

Life Insurance Company within twenty (20) days of Sherry Salmins’s death. 

3. Guardianship

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

III. Summary of Recommended Payments Following Judgment

A. Lump Sum paid to petitioner, Sherry Salmins: $1,405,466.39

B. An amount sufficient to purchase the annuity contract described

above in section II. B.

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 Petitioner authorizes the disclosure of certain documents filed by the petitioner in this case consistent 

with the Privacy Act and the routine uses described in the National Vaccine Injury Compensation Program (con’t) 

System of Records, No. 09-15-0056.

Case 1:11-vv-00140-UNJ Document 118 Filed 06/11/15 Page 4 of 5
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Respectfully submitted,

BENJAMIN C. MIZER

Principal Deputy Assistant Attorney General

RUPA BHATTACHARYYA

Director

Torts Branch, Civil Division

VINCENT J. MATANOSKI

Deputy Director

Torts Branch, Civil Division

GLENN A. MACLEOD

Senior Trial Counsel

Torts Branch, Civil Division

s/ Jennifer L. Reynaud 

JENNIFER L. REYNAUD

Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

Benjamin Franklin Station

Washington, D.C. 20044-0146

Telephone: (202) 305-1586 

Dated: June 11, 2015.

Case 1:11-vv-00140-UNJ Document 118 Filed 06/11/15 Page 5 of 5
Appendix A: Items of Compensation for Sherry Salmins 

ITEMS OF COMPENSATION G.R. * M

Lump Sum 

Compensation 

Year 1

Compensation 

Year 2

Compensation 

Years 3-4

Compensation 

Year 5

Compensation 

Years 6-10

Compensati

Year 11

2015 2016 2017-2018 2019 2020-2024 2025 

Medicare Part B Premium 5% M 1,258.80 1,258.80 1,258.80 1,258.80 1,258.80 1,258

 

Medicare Supplemental Ins 5% MNeurologist 5% *Pain Specialist 5% *EMG 5% *PT 4%OT 4%Massage Therapy 4% 750.00 750.00 750.00 750.00

Nutritionist 4% *Grab Bars 4% 50.00 

Cane 4%Scooter 4% *Scooter Battery 4% *Scooter Battery Charger 4% *YMCA 4% 740.00 740.00 740.00 740.00 740.00 740

 

Assistance in Home 4% M 17,500.00 17,500.00 17,500.00 17,500.00 17,500.00 17,500

 

Mileage: Neurologist 4% 10.44 10.44 10.44 10.44 10.44 10

 

Mileage: EMG 4% 10.44

Mileage: Nutritionist 4% 18.03 9.02

Mileage: Massage 4% 22.90 22.90 22.90 22.90

Mileage: YMCA 4% 106.08 106.08 106.08 106.08 106.08 106

 

Sun Truck Mobility 4% 4.35 4.35 4.35 4.35 4.35 4

 

Driver's Eval 0% 394.00Hand Controls 4% 1,200.00 1,200Hand Controls Maint 4% 44.10 44.10 44.10 44.10 44.10 44

 

Lost Future Earnings 1,198,320.52

Pain and Suffering 180,000.00Past Unreimbursable Expenses 5,047.17Annual Totals 20,445.69 1,405,466.39 20,436.67 20,447.11 19,663.77 20,863

 

Note: Compensation Year 1 consists of the 12 month period following the date of judgment.Compensation Year 2 consists of the 12 month period commencing on the first anniversary of the dAs soon as practicable after entry of judgment, respondent shall make the following payment to petexpenses ($22,098.70), lost earnings ($1,198,320.52), pain and suffering ($180,000.00), and past uexpenses ($5,047.17): $1,405,466.39. Annual amounts payable through an annuity for future Compensation Years follow the anniversary Annual amounts shall increase at the rates indicated above in column G.R., compounded annually fItems denoted with an asterisk (*) covered by health insurance and/or Medicare.Items denoted with an "M" payable in twelve monthly installments totaling the annual amount indic

Case 1:11-vv-00140-UNJ Document 118-1 Filed 06/11/15 Page 1 of 2
Appendix A: Items of Compensation for Sherry Salmins 

ITEMS OF COMPENSATION G.R. * M

Medicare Part B Premium 5% MMedicare Supplemental Ins 5% MNeurologist 5% *Pain Specialist 5% *EMG 5% *PT 4%OT 4%Massage Therapy 4%Nutritionist 4% *Grab Bars 4%Cane 4%Scooter 4% *Scooter Battery 4% *Scooter Battery Charger 4% *YMCA 4%Assistance in Home 4% MMileage: Neurologist 4%Mileage: EMG 4%Mileage: Nutritionist 4%Mileage: Massage 4%Mileage: YMCA 4%Sun Truck Mobility 4%Driver's Eval 0%Hand Controls 4%Hand Controls Maint 4%Lost Future EarningsPain and SufferingPast Unreimbursable ExpensesAnnual Totals

Compensation 

Year 21

Compensation 

Years 22-23

Compensation 

Year 24

Compensation 

Years 25-31

Compensation 

Year 32

Compensatio

Years 33-38

2035 2036-2037 2038 2039-2045 2046 2047-2052 

 1,258.80 1,258.80 1,258.80 1,258.80 1,258.80

 

2,630.4

 2.71 19.00 2.71 2.7

 

 740.00 740.00 740.00 740.00 740.00

 17,500.00 17,500.00 17,500.00 17,500.00 17,500.00 17,500.0

 

 10.44 10.44 10.44 10.44 10.44 10.4

 

 106.08 106.08 106.08 106.08 106.08

 4.35 4.35 4.35 4.35 4.35 4.3

 

1,200.00

 44.10 44.10 44.10 44.10

 19,663.77 20,863.77 19,682.77 19,666.48 19,622.38 20,147.9

 

Note: Compensation Year 1 consists of the 12 month period following the date of judgment.Compensation Year 2 consists of the 12 month period commencing on the first anniversary of the dAs soon as practicable after entry of judgment, respondent shall make the following payment to petexpenses ($22,098.70), lost earnings ($1,198,320.52), pain and suffering ($180,000.00), and past uexpenses ($5,047.17): $1,405,466.39. Annual amounts payable through an annuity for future Compensation Years follow the anniversary Annual amounts shall increase at the rates indicated above in column G.R., compounded annually fItems denoted with an asterisk (*) covered by health insurance and/or Medicare.Items denoted with an "M" payable in twelve monthly installments totaling the annual amount indic

Case 1:11-vv-00140-UNJ Document 118-1 Filed 06/11/15 Page 2 of 2