# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 19

- 1422 V

UNPUBLISHED

DARLA JOHNSON

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: June 9, 2021

Special Processing Unit (SPU);

Damages Decision Based on Proffer;

Influenza (Flu) Vaccine; Guillain

Barre Syndrome (GBS)

Nancy Routh Mey ers, Turning Point Litigation, Greensboro, NC , for petitioner.

Ida Nassar , U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

On September 17, 2019

, Darla Johnson f iled 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 from Guillain

- Barre Syndrome ( “ GBS ” )

caused by an influenza vaccine administered on September 23, 2016

. Petition at 1

. Petitioner further alleges that the vaccine was administered with in the Unite d States, that

no party has ever filed a civil action or received compensation for Petitioner’s injury, and

that her cond ition has persisted for more than six months . Petition at 1, 5

. The case was

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

On November 12, 2020

, a ruling on entitlement was issued , finding P etitioner

entitled to compensation for GBS . On June 8, 2021

, R espondent filed a p roffer on a ward

of compensation (“Proffer”) indicating P etitioner should be awarded $ 103,604.17

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am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 comprised of $101,000.00 for pain and suffering, and $2,604.17 for out

- of

- pocket medical

and related expe nses

. Proffer at 1

- 2

. 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 $ 103,604.17 comprised of $101,000.00 for pain and suffering, and

$2,604.17 for out

- of

- pocket medical and related expenses 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 fil ing of notice

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

OFFICE OF SPECIAL MASTERS

___________________________________ )

DARLA JOHNSON

, )

)

Petitioner, ) No. 19

- 1422 V ECF

)

v. ) Chief Special Master Corcoran

)

SECRETARY OF HEALTH )

AND HUMAN SERVICES, )

)

Respondent. )

___________________________________ )

PROFFER ON AWARD OF COMPENSATION 1

I. Procedural History

On September 17, 2019, Darla Johnson (“petitioner”) filed a petition for compensation

(“p etition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa

- 1 to

-

34, as amended . She alleges that, as a result of receiving the influenza vaccine on September 23,

2016

, she suffered from Guillain

- Barre Syndrome (GBS). See Petition

. On November 6, 2020

,

respondent filed his Vaccine Rule 4(c) report, concluding that petitioner suffered GBS as defined

by the Vaccine Injury Table

, within the Table timeframe

. ECF No. 32. On November 12, 2020,

Chief Special Master Corcoran issued a ruling on entitlement, finding that petitioner was en titled

to compensation for a GBS Table injury

. ECF No. 33.

I I. Items of Compensation

Based upon the evidence of record, respondent proff ers that petitioner should be awarded

a lump sum of $ 103

, 604.17, for all damages, including $101 ,000.00 representative of pain and

1 This Proffer does not include attorneys’ fees and costs, which the parties intend to

address after the Damages Decision is issued.2 suffering, and $2,604.17 representative of out

- of

- pocket medical and related expenses. This

amount represents all elements o f compensation to which petitioner is entitled under 42 U.S.C. §

300aa

- 15(a). Petitioner agrees.

I II. Form of the Award

Respondent recommends that the compensation provided to petitioner should be made

through a lump sum payment , as described below, and requests that the Chief Special Master’s

decision and the Court’s judgment award the following : A lump sum payment of $ 103,604.17 in

the form of a check payable to petitioner

. 2 Petitioner agrees.

Respectfully submitted,

BRIAN M. BOYNTON

Acting Assis tant Attorney General

C. S ALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division

HEATHER L. PEARLMAN

Acting Deputy Director

Torts Branch, Civil Division

DARRYL R. WISHARD

Assistant Director

Torts Branch, Civil Division

2 Should petitioner die prior to entry of judgment, respondent would oppose any award

for future medical expenses, future lost earnings, and future pain and suffering, and the parties

reserve the right to move the Co urt for appropriate relief.3 s / Ida Nassar

IDA NASSAR

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

- 4186

E

- mail: Ida.Nassa r@usdoj.gov

Dated: J une 8 , 2021