In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 17-0805-V

Filed: March 8, 2019

UNPUBLISHED

SUZANNE DYER,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Influenza (Flu) Vaccine; GuillainBarre Syndrome (GBS)

Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for 

petitioner.

Linda Sara Renzi, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES1

Dorsey, Chief Special Master:

On June 15, 2017, petitioner 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 from Guillian-Barre Syndrome (“GBS”) due to 

an influenza vaccine received on October 1, 2014. Petition at 1. Petitioner further 

alleged that she suffered the effects of her injury for more than six months, and has not 

received compensation for her injury. Petition at 1, 5. The record demonstrates that the 

vaccine was administered in the United States. Ex. 1 at 1. The case was assigned to 

the Special Processing Unit of the Office of Special Masters.

 

1 The undersigned intends to post this decision on the United States Court of Federal Claims' website. 

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, the 

undersigned agrees that the identified material fits within this definition, the undersigned will redact such 

material from public access. Because this unpublished decision contains a reasoned explanation for the 

action in this case, undersigned is 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).

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

On March 9, 2018, a ruling on entitlement was issued, finding petitioner entitled 

to compensation for GBS. On March 8, 2019, respondent filed a proffer on award of 

compensation (“Proffer”) indicating petitioner should be awarded $190,000.00. Proffer 

at 2. In the Proffer, respondent represented that petitioner agrees with the proffered 

award. Based on the record as a whole, the undersigned finds that petitioner is entitled 

to an award as stated in the Proffer. Id. 

Pursuant to the terms stated in the attached Proffer, the undersigned awards

petitioner a lump sum payment of $190,000.00 in the form of a check payable to 

petitioner, Suzanne Dyer. 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/Nora Beth Dorsey

Nora Beth Dorsey

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

____________________________________ 

 ) 

SUZANNE DYER, ) 

 ) 

 Petitioner, ) 

 ) No. 17-805V 

 v. ) Chief Special Master

 ) Dorsey 

 ) ECF

SECRETARY OF HEALTH AND ) 

HUMAN SERVICES, ) 

 ) 

 Respondent. ) 

____________________________________) 

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Compensation for Vaccine Injury-Related Items

 On March 9, 2018, respondent filed a Rule 4(c) Report conceding entitlement to 

compensation. Subsequently, on March 9, 2018, the Chief Special Master issued a Ruling on 

Entitlement finding that petitioner is entitled to vaccine compensation. Respondent proffers 

based on the evidence in the record that petitioner should be awarded $190,000.00. This 

amount represents all elements of compensation to which petitioner would be entitled 

under 42 U.S.C. § 300aa-15(a). Petitioner agrees. 

II. Items of Compensation and Form of the Award

The parties recommend that the compensation provided to petitioner should be made 

through lump sum payments as described below, and request that the Chief Special 

Master’s decision and the Court’s judgment award the following:1

 

1

 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. 
A. Petitioner’s Damages

 A lump sum payment of $190,000.00, in the form of a check payable to 

petitioner, Suzanne Dyer, This amount accounts for all elements of compensation 

under 42 U.S.C. § 300aa-15(a) to which petitioner would be entitled. 

B. 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 $190,000.00. 

Respectfully submitted, 

 JOSEPH H. HUNT

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/Linda S. Renzi 

 LINDA S. RENZI

Senior Trial Counsel 

Torts Branch, Civil Division 

U.S. Department of Justice

Ben Franklin Station, P.O. Box 146 

Washington, D.C. 20044-0146 

Tel.: (202) 616-4133 

DATE: March 8, 2018