Cooper-Hendon v. Secretary of Health and Human Services ( 2022 )

In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-1514V
UNPUBLISHED
MARGARET COOPER-HENDON, Chief Special Master Corcoran
Petitioner, Filed: September 12, 2022
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision based on Proffer;
HUMAN SERVICES, Table Injury; Influenza (Flu); Guillain-
Barré syndrome (GBS).
Respondent.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Katherine Carr Esposito, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON DAMAGES1
On June 25, 2021, Margaret Cooper-Hendon 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 as a result of receiving the influenza (“flu”)
vaccination on October 29, 2019, she suffered from Guillain-Barré syndrome (“GBS”).
Petition at Preamble. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am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 E-
Government 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), Petitioners have 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).
On March 25, 2022, a ruling on entitlement was issued, finding that Petitioner was
entitled to compensation for a GBS Table injury. On September 12, 2022, Respondent
filed a proffer on award of compensation, which indicates Petitioner’s agreement to the
amount(s) therein. 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 a lump
sum payment of $127,476.61 (representing $125,000.00 for pain and suffering and
$2,476.61 for unreimbursed expenses) in the form of a check payable to Petitioner.
This amount represents compensation for all damages that would be available under
Section 15(a).
The Clerk of 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
MARGARET COOPER-HENDON,
Petitioner,
No. 21-1514V
v. Chief Special Master Corcoran
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On June 25, 2021, Margaret Cooper-Hendon (“petitioner”) filed a petition for
compensation (“petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C.
§§ 300aa-1 to -34, as amended. She alleges that, as a result of receiving the influenza vaccine on
October 29, 2019, she suffered from Guillain-Barre Syndrome (“GBS”). See Petition. On
March 24, 2022, respondent filed his Vaccine Rule 4(c) report, concluding that petitioner
suffered GBS as defined by the Vaccine Injury Table, within the Table timeframe. On March
25, 2022, Chief Special Master Corcoran issued a ruling on entitlement, finding that petitioner
was entitled to compensation for a GBS Table injury.
II. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
a lump sum of $127,476.61, for all damages, including $125,000.00 representative of pain and
1
This Proffer does not include attorneys’ fees and costs, which the parties intend to address after
the Damages Decision is issued.
suffering, and $2,476.61 representative of out-of-pocket medical and related expenses. This
amount represents all elements of compensation to which petitioner is entitled under 42 U.S.C. §
300aa-15(a). Petitioner agrees.
III. Form of the Award
Respondent recommends that the compensation provided to petitioner 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 following: A lump sum payment of $127,476.61 in
the form of a check payable to petitioner.2 Petitioner agrees.
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
2
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.
2
s/Katherine C. Esposito
Katherine C. Esposito
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) 305-3774
katherine.esposito@usdoj.gov
Dated: September 12, 2022
3