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UNPUBLISHED 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 DAMAGES1

 On September 10, 2019, Karleen Witt filed 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 Guillain-Barré syndrome (“GBS”) as a 

result of an influenza (“flu”) vaccine she received 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 assigned to the Special Processing Unit of the 

Office of Special Masters. 

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

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

compensation (“Proffer”) indicating Petitioner 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1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am 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 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

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 find that Petitioner is entitled to an 

award as stated in the Proffer. 

 Pursuant to the terms stated 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 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/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 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 Health 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 proffers that petitioner receive a compensation award consisting 

of a lump sum 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, 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 petitioner2 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 endorse this check over to HealthPartners. 
2

These amounts represent compensation for all elements of compensation under 42 U.S.C. 

§ 300aa-15(a) to which petitioner is entitled.3

Petitioner agrees with the proffered award of $80,078.00, 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 proffer does not include any award for attorneys’ fees and costs that may be awarded 

pursuant to 42 U.S.C. § 300aa-15(e).