# 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UNPUBLISHED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; Guillain

Barre 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 DAMAGES 1

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 recei ved on October 1, 2014 . Petit ion 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 un dersigned 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 iden tified 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 Because this unpublished decision contains a reasoned explanation for the action in this case, undersigned is required to post it on the United State s Court of Federal Claims'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

eas e of citation, all “§” references to the Vaccine Act will be to the pertinent subpara graph 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 p roffer on a ward 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 award s 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

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/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 be low, 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 payabl e 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 Recomme nded Payments Following Judgment

A. Lump sum paid to petitioner $190,000.00.

R espectfully 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