Johnson v. Secretary of Health and Human Services ( 2020 )

In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1078V
UNPUBLISHED
KATHYRN JOHNSON, Chief Special Master Corcoran
Petitioner, Filed: December 5, 2019
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Influenza (Flu) Vaccine; Guillain-
Barre Syndrome (GBS)
Respondent.
Lawrence R. Cohan, Anapol Weiss, Philadelphia, PA, for petitioner.
Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On August 8, 2017, Kathyrn Johnson 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 administered to her on October 18, 2016. Petition
at 1. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On October 25, 2018, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for GBS. On December 5, 2019, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $150,000.00,
for her actual and projected pain and suffering. Proffer at 1-2. 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.
1
Because this unpublished ruling contains a reasoned explanation for the action in this case, I am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 E-
Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of
Electronic Government Services). This means the ruling 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).
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $150,000.00, (for her actual and projected pain and suffering) in
the form of a check payable to Petitioner. 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/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.
2
Case 1:17-vv-01078-UNJ Document 52 Filed 12/05/19 Page 1 of 2
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
KATHYRN JOHNSON, )
)
Petitioner, )
) No. 17-1078V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On August 8, 2017, Kathyrn Johnson (“petitioner”) filed a petition for compensation
under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34
(“Vaccine Act” or “Act”), as amended. Petitioner alleged that she suffered Guillain-Barré
syndrome (“GBS”) as a result of an influenza (“flu”) vaccine administered to her on October 18,
2016. Petition at 1. On October 25, 2018, the Secretary of Health and Human Services
(“respondent”) filed a Rule 4(c) Report recommending that compensation be awarded, and the
Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation
the same day. ECF No. 32; ECF No. 33.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that Kathyrn Johnson, should be awarded $150,000.00 in actual and
projected pain and suffering. This amount reflects that the award for projected pain and
suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner
agrees.
Case 1:17-vv-01078-UNJ Document 52 Filed 12/05/19 Page 2 of 2
II. Form of the Award
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respondent recommends that the compensation provided to Kathyrn Johnson should be made
through a lump sum payment as described below and requests that the Chief Special Master’s
decision and the Court’s judgment award the following1: $150,000.00 for actual and projected
pain and suffering, in the form of a check payable to petitioner, Kathyrn Johnson.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Kathyrn Johnson: $ 150,000.00
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
HEATHER L. PEARLMAN
Assistant Director
Torts Branch, Civil Division
s/ Sarah C. Duncan
SARAH C. DUNCAN
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 514-9729
DATED: December 5, 2019 Fax: (202) 616-4310
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 lost earnings
and future pain and suffering.
2