# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 19-1372V

UNPUBLISHED

KARLEEN WITT,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: August 19, 2020

Special Processing Unit (SPU);

Damages Decision Based on Proffer;

Influenza (Flu) Vaccine; GuillainBarre Syndrome (GBS)

Randall G. Knutson, Knutson & Casey Law Firm, Mankato, MN, for Petitioner.

Voris Edward Johnson, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES 1

On September 10, 2019, Ka rleen Witt filed a petition for compensation under the

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

“Vaccine Act”). Petitioner alleges that she suffered Guillain-Barré syndrome (“GBS”) as a

result of an influenza (“flu”) vaccine she re ceived on November 7, 2016. Petition at 1.

Petitioner further alleges that she suffered the residual effects of her injury for more than

six months. Petition at 4. The case was assi gned to the Special Proc essing Unit of the

Office of Special Masters.

On June 29, 2020, a ruling on entitlement wa s issued, finding Petitioner entitled to

compensation for GBS. On August 19, 2020, Respondent filed a pr offer on award of

compensation (“Proffer”) indicating Petition er should be awarded a lump sum of

$80,078.00 (consisting of $80,000.00 for pain and suffering and $78.00 in past

unreimbursed expenses), and a lump sum of $61,040.57 for satisfaction of a Medicaid

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am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 availa ble 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 whic h would constitute an unwarranted invasion of privacy.

If, upon review, I agree that the identified material fits with in this definition, I will r edact 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 lien. Proffer at 1. In the Proffer, Respondent represented that Petitioner agrees with the

proffered award. Id. Based on the record as a whole, I fi nd that Petitioner is entitled to an

award as stated in the Proffer.

Pursuant to the terms stat ed in the attached Proffer, I award Petitioner:

(1) A lump sum payment of $80,078.00 (consisting of $80,000.00 for pain and

suffering and $78.00 in past unreimbursed expenses ) in the form of a check

payable to Petitioner, and

(2) A lump sum payment of $61,040.57

, in the form of a check made payable

jointly to Petitioner and:

HealthPartners

Mail Stop 21114a

P.O. Box 1309

Minneapolis, MN 55440-1309

Attn: Christopher A. Seipel, Subrogation Recoveries Manager

Re: Karleen Witt, Case No. 20201834

These amounts represent compensation fo r all damages that would be available

under § 15(a). The clerk of the court is direct ed 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 c an 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

__________________________________________ )

KARLEEN WITT, )

)

Petitioner, )

) No. 19

- 1372V (ECF)

v. ) Chief Special Master Corcoran

)

SECRETARY OF HEALTH )

AND HUMAN SERVICES, )

)

Respondent. )

__________________________________________)

RESPONDENT’S PROFFER ON AWARD OF DAMAGES

On June 29 , 2020 , respondent, the Secretary of H ealth and Human Services, filed his

Rule 4(c) Report conceding entitlement to compensation in this matter alleging the Table injury

Guillain

- Barré syndrome (“GBS”) following an influenza vaccination

. The same day

, the Court

entered its Ruling on Entitlement, finding petitioner Karleen Witt entitled to Vaccine Act

compensation. Respondent now pro ffers that petitioner receive a compensation award consisting

of a lump sum of $ 80 ,0 78 .00 , consisting of $80,000.00 for pain and suffering and $78.00 in p ast

unreimbursed expenses, in the form of a check payable to petitioner

, Karleen Witt

, 1 plus

satisfaction of a Medicaid lien in the amount of $61,040.57

, in the form of a check made payable

jointly to petitioner 2 and :

HealthPartners

Mail Stop 21114a

P.O. Box 1309

Minneapolis, MN 55440

- 1309

Attn: Christopher A. Seipel, Subrogation Recoveries Manager

Re: Karleen Witt, Case No. 20201834

1 Petitioner is a competent adult. No guardianship is required.

2 Petitioner agrees to e ndorse this check over to HealthPartners

.2 These amount s represent compensation for all elements of compensation under 42 U.S.C.

§ 300aa

- 15(a) to which petit ioner is entitled. 3

Petitioner agrees with the proffered award of $ 80 ,0 78 .00

, plus satisfaction of the

Medicaid lien in the amount of $61,040.57

. 4

Respectfully submitted,

ETHAN P. DAVIS

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/Voris E. Johnson, Jr.

VORIS E. JOHNSON, JR.

Senior Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

Ben Franklin Station

Washington, D.C. 20044

- 0146

Direct dial: (202) 616

- 4136

Dated: August 19, 2020

3 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 Court for appropriate relief.

4 This pro ffer does not include any award for attorneys’ fees and costs that may be awarded

pursuant to 42 U.S.C. § 300aa

- 15(e).