The opinion
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
******************** *
MARIE BROWN, *
* No. 18-786V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: April 9, 2021
*
SECRETARY OF HEALTH * Damages; decision based on proffer;
AND HUMAN SERVICES, * influenza (“flu”) vaccination;
* Guillain-Barré Syndrome (“GBS”).
Respondent. *
******************** *
Leah Durant, Law Offices of Leah Durant, PLLC, Washington, DC, for Petitioner;
Kimberly Davey, U.S. Department of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION AWARDING DAMAGES1
On June 4, 2018, Marie Brown filed a petition seeking compensation under
the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-1 et seq.,
alleging that the influenza (“flu”) vaccination caused her to suffer Guillain-Barré
Syndrome (“GBS”). On May 8, 2020, the undersigned issued a Ruling on
Entitlement, concluding that petitioner is entitled to compensation under the
Vaccine Act.
On April 1, 2021, 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, with Tab A, the court awards
petitioner:
1 The E-Government Act, 44 U.S.C. § 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. A lump sum payment of $208,277.05, representing compensation for life
care expenses expected to be incurred during the first year after
judgment ($25,126.35), pain and suffering ($180,000.00), and past
unreimbursable expenses ($3,150.70), in the form of a check payable to
petitioner, Marie Brown; and
2. An amount sufficient to purchase an annuity contract, subject to the
conditions described in the attached Proffer (attached as Appendix A),
that will provide payments for the life care items contained in the life
care plan, as illustrated by the chart at Tab A (attached as Appendix B),
paid to the life insurance company from which the annuity will be
purchased. Compensation for Year Two (beginning on the first
anniversary of the date of judgment) and all subsequent years shall be
provided through respondent’s purchase of an annuity, which annuity
shall make payments directly to petitioner, Marie Brown, only so long
as Marie Brown is alive at the time a particular payment is due. At the
Secretary’s sole discretion, the periodic payments may be provided to
petitioner in monthly, quarterly, annual, or other installments. The
“annual amounts” set forth in the chart at Tab A describe only the total
yearly sum to be paid to petitioner and do not require that the payment
be made in one annual installment.
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment in case 18-786V according to this decision
and the attached proffer.2
Any questions may be directed to my law clerk, Jason Wiener, 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 o f Federal
Claims judge.