Opinion

Helmandollar v. Secretary of Health and Human Services

Court
United States Court of Federal Claims
Filed
Mar 4, 2022
Status
Unpublished
On the bench
Brian H. Corcoran
Cited by
0 cases

The opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 20-0443V

UNPUBLISHED

BRENDA HELMANDOLLAR, Chief Special Master Corcoran

Administrator of ESTATE OF JOHN

HELMANDOLLAR, Filed: February 2, 2022

Petitioner, Special Processing Unit (SPU);

v. Damages Decision Based on Proffer;

Influenza (Flu) Vaccine;; Shoulder

SECRETARY OF HEALTH AND Injury Related to Vaccine

HUMAN SERVICES, Administration (SIRVA)

Respondent.

Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner.

Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for

Respondent.

DECISION AWARDING DAMAGES1

On April 15, 2020, Brenda Helmandollar, administrator of the estate of John

Helmandollar, 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 Mr. Helmandollar suffered a left shoulder injury related to vaccine

administration (“SIRVA”) as a result of an influenza vaccine received on September 23,

2018. Petition at 1. Petitioner further alleges the vaccine was received in the United States

and Mr. Helmandollar’s injuries lasted more than six months. Petition at ¶¶ 2, 10.

Petitioner filed an affidavit averring that she has never received an award or settlement

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Because this unpublished Decision contains a reasoned explanation for the action in this case, I am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), 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C.

§ 300aa (2012).

for Mr. Helmandollar’s vaccine injuries, nor has she filed a civil action. Ex. 8. The case

was assigned to the Special Processing Unit of the Office of Special Masters.

On January 26, 2022, a ruling on entitlement was issued, finding Petitioner entitled

to compensation for SIRVA. On February 1, 2022, Respondent filed a proffer on award

of compensation (“Proffer”) indicating Petitioner should be awarded $52,500.00. Proffer

at 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.

Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump

sum payment of $52,500.00 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.

2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

BRENDA HELMANDOLLAR, Administrator

of the Estate of JOHN HELMANDOLLAR,

No. 20-443V

Petitioner, Chief Special Master Corcoran

SPU

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent.

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Procedural History and Items of Compensation

On January 26, 2022, the Court entered its “Ruling on Entitlement,” (ECF Doc. 30)

finding petitioner entitled to compensation, consistent with the recommendation in respondent’s

January 25, 2022 Rule 4(c) Report. ECF Doc. 28. Specifically, under the Vaccine Injury Table,

decedent John Helmandollar suffered from a shoulder injury related to vaccine administration

(“SIRVA”) presumptively as the result of an influenza vaccination. Respondent now proffers

that petitioner be awarded a lump sum of $52,500.00 for all damages available pursuant to 42

U.S.C. § 300aa-15(a).

Petitioner represents that she presently is, or within 90 days of the date of judgment will

become, duly authorized to serve as the administrator/executor of the Estate of John

Helmandollar under the laws of the state of Kansas. Respondent’s proffer is contingent on the

following: No payments pursuant to this proffer shall be made until petitioner provides the

Secretary with documentation establishing her appointment as administrator/executor of the

Estate of John Helmandollar. If petitioner is not authorized by a court of competent jurisdiction

to serve as administrator/executor of the Estate of John Helmandollar at the time the payment

pursuant to this proffer is to be made, the payment shall be paid to the party or parties appointed

by a court of competent jurisdiction to serve as administrator/executor of the Estate of John

Helmandollar upon submission of written documentation of such appointment to the Secretary.

Petitioner has reviewed the foregoing and agrees with the proffered award of

$52,500.00. 1

Respectfully submitted,

BRIAN M. BOYNTON

Acting 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

s/ Mallori B. Openchowski

MALLORI B. OPENCHOWSKI

Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146, Ben Franklin Station

Washington, DC 20044-0146

Tel.: (202) 305-0660

mallori.b.openchowski@usdoj.gov

DATED: February 1, 2022

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).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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