Cooper v. Secretary of Health and Human Services ( 2017 )


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  • In the United States Court of Federal Claims
    OFFICE OF SPECIAL MASTERS
    *********************
    JOEL RANCE COOPER,               *
    as Personal Representative       *
    of the Estate of CYNTHIA COOPER, *
    *                  No. 16-1476V
    Petitioner,   *                  Special Master Christian J. Moran
    *
    v.                               *
    *                  Filed: October 23, 2017
    SECRETARY OF HEALTH              *
    AND HUMAN SERVICES,              *                  Damages; decision based on proffer;
    *                  Influenza (“flu”) vaccine;
    Respondent.   *                  Guillain-Barre syndrome (“GBS”)
    *********************
    Amber D. Wilson, Maglio Christopher and Toale, PA, Washington, DC, for
    Petitioner;
    Voris Johnson, United States Department of Justice, Washington, DC, for
    Respondent.
    UNPUBLISHED DECISION AWARDING DAMAGES 1
    On November 8, 2016, Cynthia Cooper filed a petition for compensation
    under the National Childhood Vaccine Injury Act, 42 U.S.C. §§ 300aa-1 to 34
    (2012). Ms. Cooper alleges that she suffered Guillain-Barre syndrome (“GBS”) as
    a result of a DTaP vaccine administered on January 3, 2015, and an influenza
    vaccine administered on January 5, 2015. Following Ms. Cooper’s passing on
    May 13, 2017, her personal representative, Joel R. Cooper, was appointed and
    continued to pursue her vaccine claim. Order, issued July 11, 2017. On October
    1
    The E-Government Act, 44 § 3501 note (2012) (Federal Management and Promotion of
    Electronic Government Services), requires that the Court post this decision on its website.
    Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing redaction of
    medical information or other information described in 42 U.S.C. § 300aa-12(d)(4). Any
    redactions ordered by the special master will appear in the document posted on the website.
    1
    17, 2017, the undersigned ruled, based on respondent’s indication that he will not
    contest entitlement in regard to the influenza vaccine causing Ms. Cooper’s GBS,
    see Respondent’s Rule 4(c) report, filed October 2, 2017, that petitioner is entitled
    to compensation for Ms. Cooper’s GBS under the Vaccine Act.
    On October 20, 2017, respondent filed a Proffer on Award of Compensation,
    to which petitioner agrees. Based upon the record as a whole, the special master
    finds the Proffer reasonable and that petitioner is entitled to an award as stated in
    the Proffer. Pursuant to the attached Proffer the court awards petitioner:
    A lump sum payment of $328,638.63 in the form of a check payable to
    petitioner, as the legal representative/administrator of Cynthia
    Cooper’s estate. This amount represents compensation for all damages
    that would be available under 42 U.S.C. §300aa-15(a)
    In the absence of a motion for review filed pursuant to RCFC, Appendix B,
    the clerk is directed to enter judgment in case 16-1476V according to this decision
    and the attached proffer. 2
    Any questions may be directed to my law clerk, Andrew Schick, at (202)
    357-6360.
    IT IS SO ORDERED.
    s/Christian J. Moran
    Christian J. Moran
    Special Master
    2
    Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each
    party filing a notice renouncing the right to seek review by a United States Court of Federal
    Claims judge.
    2
    IN THE UNITED STATES COURT OF FEDERAL CLAIMS
    OFFICE OF SPECIAL MASTERS
    __________________________________________
    )
    JOEL RANCE COOPER,                            )
    as Personal Representative of the Estate of   )
    CYNTHIA COOPER,                               )
    )
    Petitioner,             )
    )   No. 16-1476V (ECF)
    v.                                     )   Special Master Moran
    )
    SECRETARY OF HEALTH                           )
    AND HUMAN SERVICES,                           )
    )
    Respondent.             )
    __________________________________________)
    RESPONDENT’S PROFFER ON AWARD OF DAMAGES
    On October 2, 2017, respondent, the Secretary of Health and Human Services, filed his
    Rule 4(c) Report indicating that he would not contest entitlement to compensation in this matter,
    and on October 17, 2017, the Court entered its Ruling on Entitlement, finding petitioner Joel
    Rance Cooper, as personal representative of the estate of his deceased wife, Cynthia Cooper,
    entitled to Vaccine Act compensation. Respondent now proffers that petitioner receive a
    compensation award consisting of the following:
    A. Lost Earnings
    Based on evidence provided by petitioner, respondent proffers that the appropriate award
    for Cynthia Cooper’s past lost earnings is $138,510.00. Petitioner agrees.
    B. Pain and Suffering
    Based on evidence of record, respondent proffers that the appropriate award for Cynthia
    Cooper’s past pain and suffering is $175,000.00. See 42 U.S.C. § 300aa-15(a)(4). Petitioner
    agrees.
    C. Past Unreimbursable Expenses
    Based on evidence provided by petitioner, respondent proffers that petitioner should be
    awarded compensation for past unreimbursable expenses in the amount of $15,128.63.
    Petitioner agrees.
    D.      Medicaid Lien
    Petitioner represents that there are no outstanding Medicaid liens related to Cynthia
    Cooper’s vaccine-related injury.
    Based on the foregoing, respondent now proffers that petitioner receive an award of a
    lump sum of $328,638.63 in the form of a check payable to petitioner, as the legal
    representative/administrator of Cynthia Cooper’s estate. This amount represents compensation
    for all elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner, as legal
    representative/administrator of Cynthia Cooper’s estate, is entitled.
    No payment shall be made until petitioner provides respondent with documentation
    establishing that he has been appointed as legal representative/administrator of Cynthia Cooper’s
    estate. If petitioner is not authorized by a court of competent jurisdiction to serve as legal
    representative/administrator of Cynthia Cooper’s estate, any such payment shall be made to the
    party or parties appointed by a court of competent jurisdiction to serve as legal
    representative/administrator of Cynthia Cooper’s estate, upon submission of written
    documentation of such appointment to the Secretary.
    Petitioner agrees with the proffered award of $328,638.63. 1
    1
    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).
    2
    Respectfully submitted,
    CHAD A. READLER
    Acting Assistant Attorney General
    C. SALVATORE D’ALESSIO
    Acting Director
    Torts Branch, Civil Division
    CATHARINE E. REEVES
    Deputy Director
    Torts Branch, Civil Division
    TRACI R. PATTON
    Senior Trial Attorney
    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: October 20, 2017
    3
    

Document Info

Docket Number: 16-1476

Judges: Christian J. Moran

Filed Date: 11/20/2017

Precedential Status: Non-Precedential

Modified Date: 4/18/2021