VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00109
Package ID: USCOURTS-cofc-1_13-vv-00109
Petitioner: Sarah Behie
Filed: 2013-02-08
Decided: 2014-09-17
Vaccine: influenza
Vaccination date: 2010-10-05
Condition: Guillain-Barré syndrome
Outcome: compensated
Award amount USD: 1012709

AI-assisted case summary:
Sarah Behie filed a petition on February 8, 2013, alleging that an influenza (flu) vaccination she received on October 5, 2010 caused her to develop Guillain-Barré syndrome (GBS). Respondent did not believe the available evidence was sufficient to prove causation, but in light of prior cases where special masters found similar evidence sufficient, respondent chose not to further defend entitlement. Special Master Dorsey found petitioner entitled to compensation on May 7, 2014.

On May 30, 2014, respondent filed a Proffer on Award of Compensation, which petitioner agreed to. Special Master Dorsey adopted the proffer and awarded petitioner a lump sum of $1,012,709.87, representing Year 1 life care expenses ($49,355.06), lost earnings ($711,723.75), pain and suffering ($250,000.00), and past unreimbursable expenses ($1,631.06). In addition, $58,753.56 was awarded to satisfy the Commonwealth of Pennsylvania's Medicaid lien. Beginning in Year 2, future life care expenses were to be provided through an annuity purchased by respondent. Life care planning was performed by Laura Fox (respondent's expert) and Roberta Hurley and Ellen Econs (petitioner's experts). Petitioner's attorneys' fees and costs were subsequently awarded at $84,309.86, payable jointly to petitioner and Lawrence R. Cohan of Anapol Schwartz. Petitioner had not personally incurred any out-of-pocket litigation expenses.

Theory of causation field:
Flu Oct 5, 2010 → GBS. Respondent declined to defend entitlement; SM Dorsey found entitled May 7, 2014. Proffer damages: $1,012,709.87 (Year 1 life care $49,355.06 + lost earnings $711,723.75 + pain/suffering $250,000 + past expenses $1,631.06) + PA Medicaid lien $58,753.56 (separate) + annuity. Fees $84,309.86 (Cohan, Anapol Schwartz, Philadelphia PA).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00109-0
Date issued/filed: 2014-05-28
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 05/07/2014) regarding 26 Ruling on Entitlement Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
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Case 1:13-vv-00109-UNJ Document 28 Filed 05/28/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: May 7, 2014
* * * * * * * * * * * * * * ** UNPUBLISHED
SARAH BEHIE, *
* No. 13-109V
Petitioner, *
*
v. * Special Master Dorsey
*
SECRETARY OF HEALTH * Ruling on Entitlement; influenza
AND HUMAN SERVICES, * (flu) vaccine; Guillain-Barré syndrome
* (GBS); respondent will not defend.
Respondent. *
*
* * * * * * * * * * * * * * **
Lawrence R. Cohan, Anapol Schwartz, et. al., Philadelphia, PA, for petitioner.
Lisa Ann Watts, United States Dep’t of Justice, Washington, DC, for respondent.
UNPUBLISHED RULING ON ENTITLEMENT1
On February 8, 2013, Sarah Behie (“petitioner”) filed a petition for compensation under
the National Vaccine Injury Compensation Program (“the Program”)2 alleging that she suffered
Guillain-Barré syndrome (“GBS”), which was caused by an influenza (“flu”) vaccine
administered to her on October 5, 2010. See Petition (“Pet.”) at ¶¶1-7.
In support of her claim, petitioner filed numerous medical records, the expert report of
Dr. Marcel Kinsbourne, and medical literature. In his report, Dr. Kinsbourne opines that
petitioner’s October 5, 2010 influenza vaccination “significantly contributed to the causation of
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, the
undersigned intends to post this decision on the website of the United States Court of Federal
Claims, in accordance with the E-Government Act of 2002 § 205, 44 U.S.C. § 3501 (2006). In
accordance with the Vaccine Rules, each party has 14 days within which to request redaction “of
any information furnished by that party: (1) that is a trade secret or commercial or financial in
substance and is privileged or confidential; or (2) that includes medical files or similar files, the
disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule
18(b). Further, consistent with the rule requirement, a motion for redaction must include a
proposed redacted decision. If, upon review, the undersigned agrees that the identified material
fits within the requirements of that provision, such material will be deleted from public access.
2 The Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, 42
U.S.C. §§ 300aa-10 et seq. (hereinafter “Vaccine Act” or “the Act”). Hereafter, individual
section references will be to 42 U.S.C. § 300aa of the Act.
1

Case 1:13-vv-00109-UNJ Document 28 Filed 05/28/14 Page 2 of 2
her Guillain-Barre Syndrome.” Pet’r’s Ex. 11 at 6.
On April 17, 2014, respondent filed a report pursuant to Vaccine Rule 4(c) in which she
states that although she does not believe that the available evidence is sufficient in this case to
prove vaccine causation, she has, in light of prior cases in which special masters have found
similar evidence to support a finding of causation, decided not to defend entitlement but rather to
allocate her resources to determining the amount of compensation to be awarded to petitioner.
Respondent’s Report at 6-7. Thus, respondent states, she will not further defend the case. Id. at
7.
In view of respondent’s position and of the undersigned’s review of the entire record, see
§ 300aa-13(a)(1), the undersigned finds that petitioner is entitled to compensation for an injury
that was caused-in-fact by a covered vaccine. 42 C.F.R. § 100.3(a)(XIV); Althen v. Sec’y of
Health & Human Servs., 418 F.3d 1274 (Fed. Cir. 2005). A separate damages order will issue.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Special Master

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00109-1
Date issued/filed: 2014-06-24
Pages: 12
Docket text: PUBLIC DECISION (Originally filed: 06/02/2014) regarding 30 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
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Case 1:13-vv-00109-UNJ Document 35 Filed 06/24/14 Page 1 of 12
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-109V
(Filed: June 2, 2014)
* * * * * * * * * * * * * * *
SARAH BEHIE, * UNPUBLISHED
* Special Master Dorsey
Petitioner, *
*
v. *
* Decision on Proffer; Damages;
SECRETARY OF HEALTH * Influenza (Flu) Vaccine;
AND HUMAN SERVICES, * Guillain-Barré Syndrome (GBS);
* Respondent Will Not Further Defend
Respondent. *
*
* * * * * * * * * * * * * * *
Lawrence R. Cohan, Anapol, Schwartz, et. al., Philadelphia, PA, for petitioner.
Lisa Ann Watts, United States Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On February 8, 2013, Sarah Behie (“petitioner”) filed a petition for compensation
pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34
(2006). The petition alleges that petitioner suffered Guillain-Barré syndrome (GBS) which was
caused by an influenza (flu) vaccine administered to her on October 5, 2010. Petition at ¶¶ 1-7.
Respondent states that upon her review of the facts of this case, she does not believe that
the available evidence is sufficient to prove causation in this case. Nevertheless, respondent
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this ruling on the website of the United States Court of Federal
Claims, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116
Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). As provided by
Vaccine Rule 18(b), each party has 14 days within which to request redaction “of any
information furnished by that party: (1) that is a trade secret or commercial or financial in
substance and is privileged or confidential; or (2) that includes medical files or similar files, the
disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule
18(b).
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National
Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended,
42 U.S.C. §§ 300aa-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to
individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.

Case 1:13-vv-00109-UNJ Document 35 Filed 06/24/14 Page 2 of 12
recognizes that when faced with similar evidence in past cases, some special masters have found
such evidence to satisfy petitioners’ burden of proving causation, and respondent does not wish
to present evidence to rebut such a finding here. Thus, respondent states that she will not further
defend entitlement in this case. Respondent’s Report at 6-7, filed April 17, 2014.
Informed by respondent’s position in this case and upon a review of the record as a
whole, the undersigned finds that petitioner is entitled to compensation under the Vaccine Act.
On May 30, 2014, respondent filed a Proffer on Award of Compensation (“Proffer”). In
the Proffer, respondent represented that petitioner agrees with the proffered award. Based on the
record as a whole, the undersigned finds that petitioner is entitled to an award as stated in the
Proffer.
Pursuant to the terms stated in the attached Proffer, the undersigned awards petitioner:
A. A lump sum payment of $1,012,709.87, representing compensation for life care
expenses expected to be incurred during the first year after judgment
($49,355.06), lost earnings ($711,723.75), pain and suffering ($250,000.00), and
past unreimbursable expenses ($1,631.06), in the form of a check payable to
petitioner, Sarah Behie.
B. A lump sum payment of $58,753.56, representing compensation for satisfaction
of the Commonwealth of Pennsylvania Medicaid lien, payable jointly to
petitioner and
Department of Public Welfare
Attn: Marie A. Trayer
PA DPW
P.O. Box 8486
Harrisburg, PA 17105-8486
Medicaid Id: 830152062
Petitioner agrees to endorse this payment to the Department of Public Welfare.
C. An amount sufficient to purchase an annuity contract, subject to the conditions
described in the Proffer and the attachments to that Proffer.
Proffer ¶ II.
2

Case 1:13-vv-00109-UNJ Document 35 Filed 06/24/14 Page 3 of 12
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court SHALL ENTER JUDGMENT herewith.3
IT IS SO ORDERED.
s/ Nora Beth Dorsey
Nora Beth Dorsey
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.

Case 1:13-vv-00109-UNJ Document 35 Filed 06/24/14 Page 4 of 12
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
_______________________________________
SARAH BEHIE, )
) ECF
Petitioner, )
)
v. ) No. 13-109V
) Special Master
SECRETARY OF HEALTH AND HUMAN ) Nora Beth Dorsey
SERVICES, )
)
Respondent. )
)
RESPONDENT'S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
A. Life Care Items
Respondent engaged life care planner Laura Fox, MSN, RN, CNLCP, and petitioner
engaged Roberta Hurley and Ellen Econs to provide an estimation of Sarah Behie’s future
vaccine-injury related needs. For the purposes of this proffer, the term “vaccine related” is as
described in the special master’s Ruling on Entitlement issued May 7, 2014. All items of
compensation identified in the parties’ joint life care plan are supported by the evidence, and are
illustrated by the chart entitled Appendix A: Items of Compensation for Sarah Behie, attached
hereto as Tab A.1 Respondent proffers that Sarah Behie should be awarded all items of
compensation set forth in the life care plan and illustrated by the chart attached at Tab A.
Petitioner agrees.
1 The chart at Tab A illustrates the annual benefits provided by the life care plan. The annual benefit years
run from the date of judgment up to the first anniversary of the date of judgment, and every year thereafter up to the
anniversary of the date of judgment.
-1-

Case 1:13-vv-00109-UNJ Document 35 Filed 06/24/14 Page 5 of 12
B. Lost Earnings
The parties agree that based upon the evidence of record, Sarah Behie has suffered a past
loss of earnings and will continue to suffer a loss of earnings in the future. Therefore,
respondent proffers that Sarah Behie should be awarded lost earnings as provided under the
Vaccine Act, 42 U.S.C. § 300aa-15(a)(3)(A). Respondent proffers that the appropriate award for
Sarah Behie’s lost earnings is $711,723.75. Petitioner agrees.
C. Pain and Suffering
Respondent proffers that Sarah Behie should be awarded $250,000.00 in actual and
projected pain and suffering. This amount reflects that any award for projected pain and
suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner
agrees.
D. Past Unreimbursable Expenses
Evidence supplied by petitioner documents Sarah Behie’s expenditure of past
unreimbursable expenses related to her vaccine-related injury. Respondent proffers that
petitioner should be awarded past unreimbursable expenses in the amount of $1,631.06.
Petitioner agrees.
E. Medicaid Lien
Respondent proffers that Sarah Behie should be awarded funds to satisfy the
Commonwealth of Pennsylvania lien in the amount of $58,753.56, which represents full
satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the
Commonwealth of Pennsylvania may have against any individual as a result of any Medicaid
payments the Commonwealth of Pennsylvania has made to, or on behalf of, Sarah Behie from
the date of her eligibility for benefits through the date of judgment in this case as a result of her
vaccine-related injury suffered on or about October 5, 2010, under Title XIX of the Social
-2-

Case 1:13-vv-00109-UNJ Document 35 Filed 06/24/14 Page 6 of 12
Security Act.
II. Form of the Award
The parties recommend that the compensation provided to Sarah Behie should be made
through a combination of lump sum payments and future annuity payments as described below,
and request that the Special Master’s decision and the Court’s judgment award the following:2
A. A lump sum payment of $1,012,709.87, representing compensation for life care
expenses expected to be incurred during the first year after judgment ($49,355.06), lost earnings
($711,723.75), pain and suffering ($250,000.00), and past unreimbursable expenses ($1,631.06),
in the form of a check payable to petitioner, Sarah Behie.
B. A lump sum payment of $58,753.56, representing compensation for satisfaction of the
Commonwealth of Pennsylvania Medicaid lien, payable jointly to petitioner and
Department of Public Welfare
Attn: Marie A. Trayer
PA DPW
P.O. Box 8486
Harrisburg, PA 17105-8486
Medicaid ID: 830152062
Petitioner agrees to endorse this payment to the Department of Public Welfare.
C. An amount sufficient to purchase an annuity contract,3 subject to the conditions
described below, that will provide payments for the life care items contained in the life care plan,
as illustrated by the chart at Tab A, attached hereto, paid to the life insurance company4 from
2 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 medical expenses, future lost
earnings, and future pain and suffering.
3 In respondent’s discretion, respondent may purchase one or more annuity contracts from one or more life
insurance companies.
4 The Life Insurance Company must have a minimum of $250,000,000 capital and surplus, exclusive of
any mandatory security valuation reserve. The Life Insurance Company must have one of the following ratings
from two of the following rating organizations:
a. A.M. Best Company: A++, A+, A+g, A+p, A+r, or A+s;
-3-

Case 1:13-vv-00109-UNJ Document 35 Filed 06/24/14 Page 7 of 12
which the annuity will be purchased.5 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,
Sarah Behie, only so long as Sarah Behie 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.
1. Growth Rate
Respondent proffers that a four percent (4%) growth rate should be applied to all non-
medical life care items, and a five percent (5%) growth rate should be applied to all medical life
care items. Thus, the benefits illustrated in the chart at Tab A that are to be paid through annuity
payments should grow as follows: four percent (4%) compounded annually from the date of
judgment for non-medical items, and five percent (5%) compounded annually from the date of
judgment for medical items. Petitioner agrees.
2. Life-contingent annuity
Petitioner will continue to receive the annuity payments from the Life Insurance
Company only so long as she, Sarah Behie, is alive at the time that a particular payment is due.
b. Moody's Investor Service Claims Paying Rating: Aa3, Aa2, Aa1, or Aaa;
c. Standard and Poor's Corporation Insurer Claims-Paying Ability Rating: AA-, AA, AA+, or
AAA;
d. Fitch Credit Rating Company, Insurance Company Claims Paying Ability Rating: AA-, AA,
AA+, or AAA.
5 Petitioner authorizes the disclosure of certain documents filed by the petitioner in this case consistent
with the Privacy Act and the routine uses described in the National Vaccine Injury Compensation Program (con’t)
System of Records, No. 09-15-0056.
-4-

Case 1:13-vv-00109-UNJ Document 35 Filed 06/24/14 Page 8 of 12
Written notice shall be provided to the Secretary of Health and Human Services and the Life
Insurance Company within twenty (20) days of Sarah Behie’s death.
3. Guardianship
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
III. Summary of Recommended Payments Following Judgment
A. Lump Sum paid to petitioner, Sarah Behie: $1,012,709.87
B. Medicaid Lien: $ 58,753.56
C. An amount sufficient to purchase the annuity contract described
above in section II. C.
Respectfully submitted,
STUART F. DELERY
Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
LINDA S. RENZI
Senior Trial Counsel
Torts Branch, Civil Division
s/Lisa A. Watts
LISA A. WATTS
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Telephone: (202) 616-4099
Dated: May 30, 2014.
-5-

Case 1:13-vv-00109-UNJ Document 35 Filed 06/24/14 Page 9 of 12
Appendix A: Items of Compensation for Sarah Behie Page 1 of 4
Lump Sum
Compensation Compensation Compensation Compensation Compensation Compensation Compensation Compensation
ITEMS OF COMPENSATION G.R. * M Year 1 Year 2 Years 3-5 Year 6 Years 7-10 Year 11 Year 12 Years 13-15
2014 2015 2016-2018 2019 2020-2023 2024 2025 2026-2028
Medicare Part B Premium 5% M 1,258.80 1,258.80 1,258.80 1,258.80 1,258.80 1,258.80 1,258.80 1,258.80
Medicare Part B Deductible 5% *
Medigap F 5% 2,544.00 2,544.00 2,544.00 2,544.00 2,544.00 2,544.00 2,544.00 2,544.00
Medicare Part D 5% M 1,974.86 1,974.86 1,974.86 1,974.86 1,974.86 1,974.86 1,974.86 1,974.86
OTC Meds 4% 242.22 242.22 242.22 242.22 242.22 242.22 242.22 242.22
Rheumatology 5% *
Kidney Specialist 5% *
Neurology 5% *
Nutritionist 4% *
Counseling 4% *
Rehab 4% *
Orthotics 4% *
Finger Splints 4% *
Manual WC 4% 895.00 895.00 895.00
Gel Seat for WC 4% 54.99 27.50 27.50 27.50 27.50 27.50 27.50 27.50
Power WC 4% *
Battery Repl 4% *
Power WC Maint 4% *
Seated Wheeled Walker 4% 89.47 17.89 17.89 17.89 17.89 17.89 17.89
Adj Bed 4%
PT Equip 4% 584.60 584.60
Zipper Pull/ Hook 4% 15.48 3.10 3.10 3.10 3.10 3.10 3.10 3.10
Universal Cuff 4% 11.93 11.93 11.93 11.93 11.93 11.93 11.93 11.93
Medical Stockings 4% 63.96 63.96 63.96 63.96 63.96 63.96 63.96 63.96
Reacher 4% 20.89 4.18 4.18 4.18 4.18 4.18 4.18 4.18
ADL 4% 250.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00
Bath Chair 4% *
Raised Toilet Seat 4% 29.75 7.44 7.44 7.44 7.44 7.44 7.44 7.44
Moist Heat Mitt 4% 73.20 36.60 36.60 36.60 36.60 36.60 36.60 36.60
Microsoft Surface 4% 499.99

Case 1:13-vv-00109-UNJ Document 35 Filed 06/24/14 Page 10 of 12
Appendix A: Items of Compensation for Sarah Behie Page 2 of 4
Lump Sum
Compensation Compensation Compensation Compensation Compensation Compensation Compensation Compensation
ITEMS OF COMPENSATION G.R. * M Year 1 Year 2 Years 3-5 Year 6 Years 7-10 Year 11 Year 12 Years 13-15
2014 2015 2016-2018 2019 2020-2023 2024 2025 2026-2028
Dragon Naturally Speaking 4% 99.99 20.00 20.00 20.00 20.00 20.00 20.00 20.00
Home Care 4% M 39,520.00 39,520.00 29,640.00 29,640.00 29,640.00 29,640.00 29,640.00 29,640.00
Home Mods 4% 2,000.00
Access Van 4% 53,200.00 42,560.00
Case Mngt 4% 1,800.00 900.00 900.00 900.00
Lost Earnings 711,723.75
Pain and Suffering 250,000.00
Past Unreimbursable Expenses 1,631.06
Medicaid Lien 58,753.56
Annual Totals 1,071,463.43 102,538.66 36,802.48 37,697.48 35,902.48 36,797.48 79,047.08 35,902.48
Note: Compensation Year 1 consists of the 12 month period following the date of judgment.
Compensation Year 2 consists of the 12 month period commencing on the first anniversary of the date of judgment.
As soon as practicable after entry of judgment, respondent shall make the following payment to petitioner for Yr 1 life care
expenses ($49,355.06), lost earnings ($711,723.75), pain and suffering ($250,000.00), and past unreimbursable
expenses ($1,631.06): $1,012,709.87.
As soon as practicable after entry of judgment, respondent shall make the following payment jointly to
petitioner and the Pennsylvania Department of Public Welfare as reimbursement of the state's Medicaid lien: $58,753.56.
Annual amounts payable through an annuity for future Compensation Years follow the anniversary of the date of judgment.
Annual amounts shall increase at the rates indicated above in column G.R., compounded annually from the date of judgment.
Items denoted with an asterisk (*) covered by health insurance and/or Medicare.
In respondent's discretion items denoted with "M" payable in 12 monthly installments summing to the annual amount indicated.

Case 1:13-vv-00109-UNJ Document 35 Filed 06/24/14 Page 11 of 12
Appendix A: Items of Compensation for Sarah Behie Page 3 of 4
Compensation Compensation Compensation Compensation Compensation Compensation Compensation
ITEMS OF COMPENSATION G.R. * M Year 16 Years 17-20 Year 21 Year 22 Years 23-41 Year 42 Years 43-Life
2029 2030-2033 2034 2035 2036-2054 2055 2056-Life
Medicare Part B Premium 5% M 1,258.80 1,258.80 1,258.80 1,258.80 1,258.80 1,258.80 1,258.80
Medicare Part B Deductible 5% *
Medigap F 5% 2,544.00 2,544.00 2,544.00 2,544.00 2,544.00 2,268.00 2,268.00
Medicare Part D 5% M 1,974.86 1,974.86 1,974.86 1,974.86 1,974.86 1,974.86 1,974.86
OTC Meds 4% 242.22 242.22 242.22 242.22 242.22 242.22 242.22
Rheumatology 5% *
Kidney Specialist 5% *
Neurology 5% *
Nutritionist 4% *
Counseling 4% *
Rehab 4% *
Orthotics 4% *
Finger Splints 4% *
Manual WC 4% 895.00 895.00 179.00 179.00 179.00 179.00
Gel Seat for WC 4% 27.50 27.50 27.50 27.50 27.50 27.50 27.50
Power WC 4% *
Battery Repl 4% *
Power WC Maint 4% *
Seated Wheeled Walker 4% 17.89 17.89 17.89 17.89 17.89 17.89 17.89
Adj Bed 4%
PT Equip 4% 584.60 58.46 58.46
Zipper Pull/ Hook 4% 3.10 3.10 3.10 3.10 3.10 3.10 3.10
Universal Cuff 4% 11.93 11.93 11.93 11.93 11.93 11.93 11.93
Medical Stockings 4% 63.96 63.96 63.96 63.96 63.96 63.96 63.96
Reacher 4% 4.18 4.18 4.18 4.18 4.18 4.18 4.18
ADL 4% 50.00 50.00 50.00 50.00 50.00 50.00 50.00
Bath Chair 4% *
Raised Toilet Seat 4% 7.44 7.44 7.44 7.44 7.44 7.44 7.44
Moist Heat Mitt 4% 36.60 36.60 36.60 36.60 36.60 36.60 36.60
Microsoft Surface 4%

Case 1:13-vv-00109-UNJ Document 35 Filed 06/24/14 Page 12 of 12
Appendix A: Items of Compensation for Sarah Behie Page 4 of 4
Compensation Compensation Compensation Compensation Compensation Compensation Compensation
ITEMS OF COMPENSATION G.R. * M Year 16 Years 17-20 Year 21 Year 22 Years 23-41 Year 42 Years 43-Life
2029 2030-2033 2034 2035 2036-2054 2055 2056-Life
Dragon Naturally Speaking 4% 20.00 20.00 20.00 20.00 20.00 20.00 20.00
Home Care 4% M 29,640.00 29,640.00 29,640.00 29,640.00 29,640.00 29,640.00 29,640.00
Home Mods 4%
Access Van 4% 42,560.00 4,256.00 4,256.00 4,256.00
Case Mngt 4%
Lost Earnings
Pain and Suffering
Past Unreimbursable Expenses
Medicaid Lien
Annual Totals 36,797.48 35,902.48 36,797.48 79,226.08 40,395.94 40,119.94 40,061.48
Note: Compensation Year 1 consists of the 12 month period following the date of judgment.
Compensation Year 2 consists of the 12 month period commencing on the first anniversary of the date of judgment.
As soon as practicable after entry of judgment, respondent shall make the following payment to petitioner for Yr 1 life care
expenses ($49,355.06), lost earnings ($711,723.75), pain and suffering ($250,000.00), and past unreimbursable
expenses ($1,631.06): $1,012,709.87.
As soon as practicable after entry of judgment, respondent shall make the following payment jointly to
petitioner and the Pennsylvania Department of Public Welfare as reimbursement of the state's Medicaid lien: $58,753.56.
Annual amounts payable through an annuity for future Compensation Years follow the anniversary of the date of judgment.
Annual amounts shall increase at the rates indicated above in column G.R., compounded annually from the date of judgment.
Items denoted with an asterisk (*) covered by health insurance and/or Medicare.
In respondent's discretion items denoted with "M" payable in 12 monthly installments summing to the annual amount indicated.

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DOCUMENT 3: USCOURTS-cofc-1_13-vv-00109-2
Date issued/filed: 2014-09-17
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 08/27/2014) regarding 36 Stipulation for Fees filed by SECRETARY OF HEALTH AND HUMAN SERVICES Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
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Case 1:13-vv-00109-UNJ Document 39 Filed 09/17/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: August 27, 2014
* * * * * * * * * * * * * * UNPUBLISHED
SARAH BEHIE, * No. 13-109V
*
Petitioner, *
* Special Master Dorsey
v. *
* Attorneys’ Fees and Costs;
SECRETARY OF HEALTH * Reasonable Amount Requested to which
AND HUMAN SERVICES, * Respondent Does not Object.
*
Respondent. *
*
* * * * * * * * * * * * *
Lawrence R. Cohan, Anapol Schwartz, Philadelphia, PA, for petitioner.
Lisa Ann Watts, U.S. Department of Justice, Washington, DC, for respondent.
ATTORNEYS’ FEES AND COSTS DECISION1
On February 8, 2013, Sarah Behie (“petitioner”) filed a petition for compensation
pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34
(2006). The petition alleges that petitioner suffered Guillain-Barré syndrome (GBS) which was
caused by an influenza (flu) vaccine administered to her on October 5, 2010. Petition at ¶¶ 1-7.
On June 2, 2014, a decision was entered awarding compensation to petitioner based on the
parties’ stipulation.
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this decision on the website of the United States Court of Federal
Claims, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899,
2913 (Dec. 17, 2002). As provided by Vaccine Rule 18(b), each party has 14 days within which
to request redaction “of any information furnished by that party: (1) that is a trade secret or
commercial or financial in substance and is privileged or confidential; or (2) that includes
medical files or similar files, the disclosure of which would constitute a clearly unwarranted
invasion of privacy.” Vaccine Rule 18(b). Otherwise, the entire decision will be available to the
public. Id.
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National
Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended,
42 U.S.C. §§ 300aa-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to
individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.
1

Case 1:13-vv-00109-UNJ Document 39 Filed 09/17/14 Page 2 of 2
On August 27, 2014, the parties filed a Stipulation of Fact Concerning Attorneys’ Fees
and Costs. According to the stipulation, the parties stipulate to a total award to petitioner of
attorneys’ fees and costs in the amount of $84,309.86. In accordance with General Order #9,
petitioner’s counsel represents that petitioner did not advance any reimbursable costs in pursuit
of her claim.
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 U.S.C. §
300 aa-15(e). Based on the reasonableness of the parties’ stipulation, the undersigned GRANTS
the request for approval and payment of attorneys’ fees and costs.
Accordingly, an award should be made as follows:
in the form of a check jointly payable to petitioner and to Mr. Lawrence Cohan of the law
firm of Anapol Schwartz in the amount of $84,309.86.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’
stipulation.3
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2