VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-01035
Package ID: USCOURTS-cofc-1_14-vv-01035
Petitioner: Razene Lewis
Filed: 2014-10-24
Decided: 2018-08-20
Vaccine: tetanus-diphtheria-acellular pertussis
Vaccination date: 2012-10-24
Condition: brachial neuritis
Outcome: compensated
Award amount USD: 1861209

AI-assisted case summary:
Razene Lewis filed a petition on October 24, 2014, alleging that a tetanus-diphtheria-acellular pertussis (Tdap) vaccine she received on October 24, 2012, caused her to develop brachial neuritis. The Secretary of Health and Human Services initially argued that Ms. Lewis did not meet the criteria for a Table claim because her shoulder pain began either the same day or the next day after vaccination. However, the court found that Ms. Lewis's shoulder pain began approximately six days after the vaccination, on October 30, 2012. This onset timing satisfied the Vaccine Injury Table criteria for brachial neuritis, which can develop within 2-28 days after a tetanus vaccine. The Secretary conceded that Ms. Lewis suffered from brachial neuritis, that her symptoms lasted longer than six months, and did not identify any unrelated cause. Consequently, the court granted entitlement to compensation. Following the entitlement ruling, the parties negotiated a damages award. On August 20, 2018, the court awarded Ms. Lewis a total of $1,861,209.52. This amount included $215,696.21 for first-year life care expenses, $1,612,179.00 for lost earnings, and $33,334.31 for past unreimbursable expenses. Additionally, an annuity was to be purchased to cover future life care expenses as outlined in a joint life care plan.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-01035-0
Date issued/filed: 2015-11-16
Pages: 5
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/13/2015) regarding 32 Ruling on Entitlement. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:14-vv-01035-UNJ Document 35 Filed 11/16/15 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * * * * *
RAZENE LEWIS, *
* No. 14-1035
Petitioner, * Special Master Christian J. Moran
*
v. *
*
SECRETARY OF HEALTH * Filed: October 13, 2015
AND HUMAN SERVICES, *
* Entitlement, onset of shoulder pain,
Respondent. * Table injury, brachial neuritis
* * * * * * * * * * * * * * * * * * * * * * * * *
Richard Gage, Richard Gage, P.C., Cheyenne Wyoming, for petitioner;
Darryl R. Wishard, United States Dep’t of Justice, Washington, DC, for
respondent.
Ruling Finding Facts and Granting Entitlement1
The parties dispute when Razene Lewis, the petitioner, first experienced
problems with her shoulder. The resolution of this issue is in Ms. Lewis’s favor
and, is therefore a basis for finding that she is entitled to compensation.
Procedural History
Represented by her first attorney, Ms. Lewis filed her petition on October
24, 2014. Ms. Lewis filed some medical records and two affidavits with her
petition. She filed additional medical records later.
After a change in counsel, Ms. Lewis filed an amended petition on July 17,
2015. She alleged that she received a tetanus vaccine on October 24, 2012, and
1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002),
requires that the Court post this ruling 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.

Case 1:14-vv-01035-UNJ Document 35 Filed 11/16/15 Page 2 of 5
later developed brachial neuritis. Am. Pet. at ¶ 9. She sought compensation
pursuant to the Vaccine Injury Table. See 42 C.F.R. § 100.3(a) ¶ I.B. (associating
tetanus vaccines with branchial neuritis that develops 2-28 days after vaccination).
On July 28, 2015, the Secretary filed her report pursuant to Vaccine Rule 4.
The Secretary argued that Ms. Lewis did not establish the elements of a table claim
because the medical records showed that she experienced shoulder pain either the
day she was vaccinated or the next day. Resp’t’s Rep. at 6. Otherwise, the
Secretary conceded that Ms. Lewis received a tetanus vaccine, suffered brachial
neuritis, and that her symptoms have lasted longer than six months. Id. The
Secretary also represented that she did not identify any factor unrelated to the
vaccine as the cause of Ms. Lewis’s brachial neuritis. Id.
On September 12, 2015, Ms. Lewis filed a second affidavit. She also filed a
memorandum arguing that the onset of her shoulder pain occurred at least two days
after the tetanus vaccination. Pet. Mem. at 3.
On September 24, 2015, a status conference was held. Neither party
requested a hearing at which witnesses could testify. Both parties agreed that the
matter is ready for adjudication.
Standards for Adjudication
By now, the standards for adjudicating factual issues, like when symptoms
first began, are well-defined. For an extensive discussion, see Bayless v. Sec'y of
Health & Human Servs., No. 08-679V, 2015 WL 638197 at *2-3 (Fed. Cl. Spec.
Mstr. Jan. 15, 2015).
Findings of Fact
The undisputed facts frame the dispute. On October 24, 2012, Ms. Lewis
was pregnant and went to a hospital to give birth. Exhibit 2 at 24. She was
admitted at approximately 10:30 AM, and gave birth to a baby girl later that day.
Exhibit 2 at 22, 98. Later on, at approximately 11:00 PM, still on October 24,
2012, Ms. Lewis received two vaccines: an influenza vaccine in her right deltoid
and a tetanus-diphtheria-acellular pertussis vaccine in her left deltoid. Exhibit 2 at
2

Case 1:14-vv-01035-UNJ Document 35 Filed 11/16/15 Page 3 of 5
37, 63, 85-86, 109.2 Ms. Lewis was discharged from the hospital on October 26,
2012. Id. at 109.
On November 1, 2012, Ms. Lewis saw her obstetrician-gynecologist,
Leonard G. Blanton, for a postpartum visit. Exhibit 3 at 99. She complained about
neck pain. Id. On exam, she could not raise her arm above her head. Id. Dr.
Blanton did not record any information about when the pain started. He referred
her to a neurologist, Sanjeevi C. Tivakaran. Exhibit 4 at 1.
Thus, the narrow issue is when did Ms. Lewis’s shoulder pain begin? In this
litigation, Ms. Lewis submitted an affidavit stating she experienced burning and
soreness at the injection site. Exhibit 11 at ¶ 5.3 Over the next few days, however,
Ms. Lewis’s pain changed. Exhibit 11 at ¶ 6. She dates the onset of the pain
associated with brachial neuritis to several days after the tetanus vaccination.
In the Secretary’s view of the evidence, Ms. Lewis’s pain started either the
same day or the next day following the vaccination. Resp’t’s Rep. at 6. The basis
for this view is that in Ms. Lewis’s first visit to Dr. Tivakaran, he recorded: “Onset
was on 10/25/2012.” Exhibit 4 at 1. In addition, Dr. Tivakaran wrote: “patient
states after the injection on October 25[,] she felt a burning sensation and soreness
in the left deltoid area. . . . Then she started experiencing constant discomfort in
2 As discussed below, later histories mistakenly report the date of vaccination as October
25, 2012.
3 When Ms. Lewis's first attorney represented her, she submitted an affidavit with the
petition. Ms. Lewis's October 23, 2014 affidavit talks about pain in her neck and shoulder that
she reported to Dr. Blanton on November 1, 2012. This affidavit does not say anything about
onset. Exhibit 6.
It appears that in the Rule 4 Report, the Secretary confused Ms. Lewis's affidavit, exhibit
6, with another affidavit which came from Dr. Tivakaran, exhibit 5. See Resp’t’s Rep. at 2, but
see id. at 5 (correctly attributing exhibit 5 to Dr. Tivakaran). Dr. Tivakaran averred: "After the
injection on October 25, Ms. Lewis felt a burning sensation and soreness in the left deltoid area.
The pain started getting worse over the next few days. It was a deep aching pain like muscle
soreness along with some burning sensation." Exhibit 5 at ¶ 3. He also stated that the symptoms
of Ms. Lewis's brachial neuritis "began within 2-28 days following the DTAP vaccine." Id. at
¶ 5.
3

Case 1:14-vv-01035-UNJ Document 35 Filed 11/16/15 Page 4 of 5
the left side of the neck and in the last 2 days some pain and discomfort in the right
deltoid area.” Exhibit 4 at 1.4
Taken as a whole, the evidence preponderates in Ms. Lewis’s favor. Under
the Secretary’s view, she started having significant pain in her shoulder while in
the hospital. Yet, the hospital records do not mention any shoulder pain.5 Rather,
the hospital records indicate that Ms. Lewis did not have any complaints. Exhibit
2 at 23 (discharge report stating no complaints on postpartum day 2), 49 (hand
written notes), 127-49 (nurse’s notes).
Special masters have often reasoned that the omission of a complaint in a
medical record supports an inference that the problem did not exist. Here, that
reasoning is especially sound because Ms. Lewis was in the presence of medical
personnel. If she were experiencing significant shoulder pain, then she would have
told one of the doctors or nurses periodically checking on her.
In addition, the record on which the Secretary relies, the November 6, 2012
report from Dr. Tivakaran, is inaccurate itself. It states Ms. Lewis was vaccinated
on October 25, 2012. Exhibit 4 at 1. However the tetanus vaccine was actually on
October 24, 2012. This error indicates that Ms. Lewis was not providing an
accurate history and is a further reason for not crediting this aspect of Dr.
Tivakaran’s report.
For these reasons, it is determined that Ms. Lewis’s significant shoulder pain
started on approximately October 30, 2012. Exhibit 11 at ¶ 7.
Based on this finding for onset and other information in the record, Ms.
Lewis has established the prima facie elements of a Table claim. The Secretary
has not identified another cause for Ms. Lewis’s brachial neuritis. Thus, Ms.
Lewis is entitled to compensation. A damages order will issue shortly.
4 The November 6, 2012 history appears to be repeated in other notes created by Dr.
Tivakaran. There is no indication that these later histories were based upon independent
interviews.
5 The Rule 4 Report intimates that Ms. Lewis received Motrin for the shoulder pain she
was experiencing. However, a doctor seems to have ordered Motrin as part of routine
postpartum care. Exhibit 2 at 39-42 (orders on October 24, 2012, at 5:00 PM), 109.
4

Case 1:14-vv-01035-UNJ Document 35 Filed 11/16/15 Page 5 of 5
IT IS SO ORDERED.
s/ Christian J. Moran
Christian J. Moran
Special Master
5

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-01035-1
Date issued/filed: 2018-08-20
Pages: 12
Docket text: PUBLIC DECISION (Originally filed: 7/23/18) regarding 125 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (MRG) Service on parties made.
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Case 1:14-vv-01035-UNJ Document 131 Filed 08/20/18 Page 1 of 12
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
RAZENE LEWIS, *
* No. 14-1035V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: July 23, 2018
*
SECRETARY OF HEALTH * Damages; decision based on proffer;
AND HUMAN SERVICES, * diphtheria-pertussis-tetanus vaccine;
* brachial neuritis.
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Richard Gage, Richard Gage, P.C., Cheyenne, WY, for Petitioner;
Darryl R. Wishard, U.S. Department of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION AWARDING DAMAGES1
On October 24, 2014, Razene Lewis filed a petition seeking compensation
under the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-1
et seq., alleging that the diphtheria-pertussis-tetanus vaccination she received on
October 25, 2012, caused her to suffer brachial neuritis. On October 13, 2015, the
undersigned determined that Ms. Lewis is entitled to compensation under the
Vaccine Act.
Following the ruling on entitlement, the parties began working towards
reaching resolution of Ms. Lewis’s damages award. The parties were able to reach
an agreement on a joint life care plan (exhibit E). The costs associated with this
agreed-upon life care plan are attached to this decision as Appendix A. In
addition, on July 31, 2017, special master George Hastings entered an interim
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.

Case 1:14-vv-01035-UNJ Document 131 Filed 08/20/18 Page 2 of 12
award of $250,000.00 in damages for Ms. Lewis’s pain and suffering. Thus Ms.
Lewis is not entitled to any additional compensation for her pain and suffering. 42
U.S.C. §300aa-15(a)(4).
The parties disputed Ms. Lewis’s compensation for lost earnings and actual
unreimbursable expenses. A hearing was held on November 17, 2017. Based on
the findings from that hearing, issued on November 21, 2017, the parties agreed on
an award of $1,612,179.00 for Ms. Lewis’s lost earnings, however additional
evidence was necessary for calculating Ms. Lewis’s actual unreimbursable
expenses. That evidence was entered into the record in the months following the
hearing and the undersigned issued a supplemental findings of fact on June 28,
2018. Based on those findings of fact, the parties agreed to an award of
$33,334.31 for Ms. Lewis’s actual unreimbursable expenses.
On July 11, 2018, respondent filed a Proffer on Award of Compensation, to
which petitioner agrees.2 Based upon the record as a whole, the undersigned finds
the proffer reasonable and that the petitioner is entitled to an award as stated in the
Proffer. Pursuant to the attached Proffer, attached as Appendix B, the court awards
petitioner:
1. A lump sum payment of $1,861,209.52 representing compensation for
life care expenses expected to be incurred during the first year after
judgment ($215,696.21), lost earnings ($1,612,179.00), and past
unreimbursable expenses ($33,334.31), in the form of a check payable to
petitioner, Razene Lewis; and
2. An amount sufficient to purchase an annuity contract, subject to the
conditions described in the attached Proffer (attached as Appendix B),
that will provide payments for the life care items contained in the life
care plan, as illustrated by the chart (attached as Appendix A), 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, Razene Lewis, only so long as Razene
Lewis is alive at the time a particular payment is due. At the
Secretary’s sole discretion, the periodic payments may be provided to
2 The petitioner has noted that she may challenge, on appeal, the factual findings that
served as a basis for the loss of future earnings calculation contained in the Proffer.

Case 1:14-vv-01035-UNJ Document 131 Filed 08/20/18 Page 3 of 12
petitioner in monthly, quarterly, annual, or other installments. The
“annual amounts” set forth in the chart in Appendix 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 14-1035V according to this decision
and the attached proffer.3
Any questions may be directed to my law clerk, Matthew Ginther, at (202)
357-6360.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
3 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 of Federal
Claims judge.

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Appendix A: Items of Compensation for Razene Lewis Page 1 of 4
Lump Sum
Compensation Compensation Compensation Compensation Compensation Compensation Compensation Compensation
ITEMS OF COMPENSATION G.R * M Year 1 Year 2 Year 3 Years 4-5 Years 6-10 Year 11 Year 12 Years 13-17
2018 2019 2020 2021-2022 2023-2027 2028 2029 2030-2034
Insurance MOP 5% 6,000.00 6,000.00 6,000.00 6,000.00 6,000.00 6,000.00 6,000.00 6,000.00
Medicare Part B Premium 5% M
Medicare Part B Deductible 5% *
Medicare Supp F Premium 5% M
Medicare Supp F Deductible 5%
Medicare Part D 5% M
Neurologist 5% *
Mileage: Neurologist 4% 68.40 68.40 68.40 68.40 68.40 68.40 68.40 68.40
Lab Studies 5% *
EMG 5% *
PCP 5% *
Mileage: PCP 4% 20.52 20.52 20.52 20.52 20.52 20.52 20.52 20.52
Pain Mngt 5% *
Mileage: Pain Mngt 4% 118.08 118.08 118.08 118.08 118.08 118.08 118.08 118.08
Interventional Pain Mngt 5% *
Psychiatrist 5% *
Mileage: Psychiatrist 4% 39.60 39.60 39.60 39.60 39.60 39.60 39.60 39.60
Plastic Surgeon: Brachial Plexus 5% *
Mileage: Plastic Surgeon 4% 102.60
PT Eval or OT Eval 4% *
Mileage: PT Eval or OT Eval 4% 18.72 18.72 18.72 18.72 18.72 18.72 18.72 18.72
PT or OT 4% *
Mileage: PT or OT 4% 168.48 168.48 168.48 168.48 168.48 168.48 168.48 168.48
Massage Therapy 4% M 4,159.48 2,079.74 1,439.82 1,439.82 1,439.82 1,439.82 1,439.82 1,439.82
Mileage: Massage Therapy 4% M 1,010.88 505.44 349.92 349.92 349.92 349.92 349.92 349.92
Flexeril 5% *
Lyrica 5% *
Cymbalta 5% *
Ibuprofen 4% 20.44 20.44 20.44 20.44 20.44 20.44 20.44 20.44
Percocet 5% *
Zofran 5% *
Flector Patch 5% *
Senokot 4% 18.25 18.25 18.25 18.25 18.25 18.25 18.25 18.25
Essential Oils 4% 1,805.86 1,805.86 1,805.86 1,805.86 1,805.86 1,805.86 1,805.86 1,805.86
Adj Bed 4% 3,948.00 3,948.00

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Appendix A: Items of Compensation for Razene Lewis Page 2 of 4
Lump Sum
Compensation Compensation Compensation Compensation Compensation Compensation Compensation Compensation
ITEMS OF COMPENSATION G.R * M Year 1 Year 2 Year 3 Years 4-5 Years 6-10 Year 11 Year 12 Years 13-17
2018 2019 2020 2021-2022 2023-2027 2028 2029 2030-2034
Shower Chair 4% 54.98 9.16 9.16 9.16 9.16 9.16 9.16 9.16
Long Handled Loofah 4% 58.32 58.32 58.32 58.32 58.32 58.32 58.32 58.32
Long Handled Hair Brush 4% 13.98 3.50 3.50 3.50 3.50 3.50 3.50 3.50
Swivel Spnge Lotion Applicator 4% 9.79 2.45 2.45 2.45 2.45 2.45 2.45 2.45
Repl Sponges 4% 56.34 56.34 56.34 56.34 56.34 56.34 56.34 56.34
Reacher 4% 24.00 4.00 4.00 4.00 4.00 4.00 4.00 4.00
Large Grip Utensils 4% 78.98 13.16 13.16 13.16 13.16 13.16 13.16 13.16
Dragon Speak 4% 95.00 31.67 31.67 31.67 31.67 31.67 31.67 31.67
Dressing Stick 4% 8.48 1.41 1.41 1.41 1.41 1.41 1.41 1.41
Button/ Zipper Pull 4% 13.65 2.73 2.73 2.73 2.73 2.73 2.73 2.73
Power Drive Spinning Reel 4% 514.99 103.00 103.00 103.00 103.00 103.00 103.00 103.00
Knot Tier 4% 17.00 1.70 1.70 1.70 1.70 1.70 1.70 1.70
Laser Hair Removal 4% 1,650.00 725.00 362.50 362.50 362.50 362.50 362.50
Counseling 4% *
Mileage: Counseling 4% M 635.04 317.52 211.68
Case Mngt 4% M 1,920.00 1,920.00 1,920.00 1,920.00
Home Mods 0% 76,000.00
Bruno Seat 4% 9,777.90 9,777.90
Seat Belt Helper 4% 6.95 1.74 1.74 1.74 1.74 1.74 1.74 1.74
A/S: Maid Service 4% M 5,200.00 5,200.00 5,200.00 5,200.00 5,200.00 5,200.00 5,200.00 5,200.00
A/S: Lawn Maint 4% M 1,837.50 1,837.50 1,837.50 1,837.50 1,837.50 1,837.50 1,837.50 1,837.50
A/S: Heavy Yard Clean Up 4% 500.00 500.00 500.00 500.00 500.00 500.00 500.00 500.00
Life Alert 4% 444.00 444.00 444.00 444.00 444.00 444.00 444.00 444.00
Non Skilled Care 4% M 99,280.00 99,280.00 86,870.00 86,870.00 86,870.00 86,870.00 86,870.00 55,845.00
Lost Earnings 1,612,179.00
Actual Unreimbursable Expenses 33,334.31
Annual Totals 1,861,209.52 120,651.73 108,065.45 107,491.27 105,571.27 119,297.17 105,571.27 74,546.27
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 ($215,696.21), lost earnings ($1,612,179.00), and actual unreimbursable expenses ($33,334.31): $1,861,209.52.
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.
Items denoted with an "M" payable in twelve monthly installments totaling the annual amount indicated.

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Appendix A: Items of Compensation for Razene Lewis Page 3 of 4
Compensation Compensation Compensation Compensation Compensation
ITEMS OF COMPENSATION G.R * M Years 18-20 Year 21 Years 22-28 Years 29-36 Years 37-Life
2035-2037 2038 2039-2045 2046-2053 2054-Life
Insurance MOP 5% 6,000.00 6,000.00 6,000.00
Medicare Part B Premium 5% M 1,608.00 1,608.00
Medicare Part B Deductible 5% *
Medicare Supp F Premium 5% M 1,946.76 1,946.76
Medicare Supp F Deductible 5% 2,240.00 2,240.00
Medicare Part D 5% M 4,729.53 4,729.53
Neurologist 5% *
Mileage: Neurologist 4% 68.40 68.40 68.40 68.40 68.40
Lab Studies 5% *
EMG 5% *
PCP 5% *
Mileage: PCP 4% 20.52 20.52 20.52 20.52 20.52
Pain Mngt 5% *
Mileage: Pain Mngt 4% 118.08 118.08 118.08 118.08 118.08
Interventional Pain Mngt 5% *
Psychiatrist 5% *
Mileage: Psychiatrist 4% 39.60 39.60 39.60 39.60 39.60
Plastic Surgeon: Brachial Plexus 5% *
Mileage: Plastic Surgeon 4%
PT Eval or OT Eval 4% *
Mileage: PT Eval or OT Eval 4% 18.72 18.72 18.72 18.72 18.72
PT or OT 4% *
Mileage: PT or OT 4% 168.48 168.48 168.48 168.48 168.48
Massage Therapy 4% M 1,439.82 1,439.82 1,439.82 1,439.82 1,439.82
Mileage: Massage Therapy 4% M 349.92 349.92 349.92 349.92 349.92
Flexeril 5% *
Lyrica 5% *
Cymbalta 5% *
Ibuprofen 4% 20.44 20.44 20.44 20.44 20.44
Percocet 5% *
Zofran 5% *
Flector Patch 5% *
Senokot 4% 18.25 18.25 18.25 18.25 18.25
Essential Oils 4% 1,805.86 1,805.86 1,805.86 1,805.86 1,805.86
Adj Bed 4% 3,948.00 394.80 394.80 394.80

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Appendix A: Items of Compensation for Razene Lewis Page 4 of 4
Compensation Compensation Compensation Compensation Compensation
ITEMS OF COMPENSATION G.R * M Years 18-20 Year 21 Years 22-28 Years 29-36 Years 37-Life
2035-2037 2038 2039-2045 2046-2053 2054-Life
Shower Chair 4% 9.16 9.16 9.16 9.16 9.16
Long Handled Loofah 4% 58.32 58.32 58.32 58.32 58.32
Long Handled Hair Brush 4% 3.50 3.50 3.50 3.50 3.50
Swivel Spnge Lotion Applicator 4% 2.45 2.45 2.45 2.45 2.45
Repl Sponges 4% 56.34 56.34 56.34 56.34 56.34
Reacher 4% 4.00 4.00 4.00 4.00 4.00
Large Grip Utensils 4% 13.16 13.16 13.16 13.16 13.16
Dragon Speak 4% 31.67 31.67 31.67 31.67 31.67
Dressing Stick 4% 1.41 1.41 1.41 1.41 1.41
Button/ Zipper Pull 4% 2.73 2.73 2.73 2.73 2.73
Power Drive Spinning Reel 4% 103.00 103.00 103.00 103.00 103.00
Knot Tier 4% 1.70 1.70 1.70 1.70 1.70
Laser Hair Removal 4% 362.50 362.50 145.00 145.00 145.00
Counseling 4% *
Mileage: Counseling 4% M
Case Mngt 4% M
Home Mods 0%
Bruno Seat 4% 9,777.90 977.79 977.79 977.79
Seat Belt Helper 4% 1.74 1.74 1.74 1.74 1.74
A/S: Maid Service 4% M 2,600.00 2,600.00 2,600.00 2,600.00 2,600.00
A/S: Lawn Maint 4% M 1,837.50 1,837.50 1,837.50 1,837.50
A/S: Heavy Yard Clean Up 4% 500.00 500.00 500.00 500.00
Life Alert 4% 444.00 444.00 444.00 444.00 444.00
Non Skilled Care 4% M 55,845.00 55,845.00 55,845.00 55,845.00 55,845.00
Lost Earnings
Actual Unreimbursable Expenses
Annual Totals 71,946.27 85,672.17 73,101.36 77,625.65 75,288.15
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 ($215,696.21), lost earnings ($1,612,179.00), and actual unreimbursable expenses ($33,334.31): $1,861,209.52.
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.
Items denoted with an "M" payable in twelve monthly installments totaling the annual amount indicated.

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
RAZENE LEWIS, ) ECF
)
Petitioner, ) No. 14-1035V
) Special Master Moran
v. )
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT'S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
A. Life Care Items
Respondent engaged life care planner Shelly Kinney, MSN, RN, CCM, CNLCP and
petitioner engaged Tresa Johnson, RN, BSN, CNLCP to provide an estimation of Razene
Lewis’s future vaccine-injury-related needs. A life care plan was previously filed in this case,
and the agreed-upon life care items are illustrated by the chart entitled “Appendix A: Items of
Compensation for Razene Lewis,” attached to this proffer as Tab A.1 Respondent proffers that
Razene Lewis should be awarded all life care items of compensation illustrated by the chart
attached at Tab A. Petitioner agrees.
B. Lost Earnings
On November 21, 2017, the Special Master issued his Findings of Fact Relating to Lost
Earnings in which he ordered the parties to prepare revised statements of lost earnings consistent
with specific criteria set forth in the Order. On February 1, 2018, respondent filed a status report
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.
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indicating acceptance of petitioner’s economist’s assessment of $1,612,179.00 for petitioner’s
lost earnings, as based on the Special Master’s Order. At a status conference held on February
21, 2018, and noted in the Special Master’s February 23, 2018 Order, “…petitioner stated that
while she agrees with the calculation, she reserves her right to challenge, on appeal, the factual
findings that served as a basis for the loss of future earnings calculation.”
C. Pain and Suffering
On July 31, 2017, Special Master Hastings issued a Decision Granting an Interim Award
of Damages, awarding pain and suffering in the amount of $250,000.00. This item of
compensation has been paid. Therefore, respondent proffers that petitioner is not entitled to any
additional compensation for pain and suffering under 42 U.S.C. §300aa-15(a)(4). Petitioner
agrees.
D. Actual Unreimbursable Expenses
On June 28, 2018, the Special Master issued his Findings of Fact Relating to Actual
Unreimbursable Expenses, awarding actual unreimbursable expenses in the amount of
$33,334.31. Respondent proffers $33,334.31 for actual unreimbursable expenses. Petitioner
agrees.
E. Medicaid Lien
Petitioner represents that there are no Medicaid liens outstanding against her.
II. Form of the Award
The parties recommend that the compensation provided to Razene Lewis 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
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 and future lost
earnings.
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A. A lump sum payment of $1,861,209.52, representing compensation for life care
expenses expected to be incurred during the first year after judgment ($215,696.21), lost earnings
($1,612,179.00), and actual unreimbursable expenses ($33,334.31), in the form of a check
payable to petitioner, Razene Lewis.
B. 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
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,
Razene Lewis, only so long as Razene Lewis 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.
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;
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 System
of Records, No. 09-15-0056.
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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, Razene Lewis, is alive at the time that a particular payment is due.
Written notice shall be provided to the Secretary of Health and Human Services and the Life
Insurance Company within twenty (20) days of Razene Lewis’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, Razene Lewis: $1,861,209.52
B. An amount sufficient to purchase the annuity contract described
above in section II.B.
Respectfully submitted,
CHAD A. READLER
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
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HEATHER L. PEARLMAN
Assistant Director
Torts Branch, Civil Division
/s/Darryl R. Wishard
DARRYL R. WISHARD
Senior Trial Attorney
Torts Branch, Civil Division
U. S. Department of Justice
P.O. Box l46, Benjamin Franklin Station
Washington, D.C. 20044-0146
Direct dial: (202) 616-4357
Dated: July 11, 2018
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