VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01391
Package ID: USCOURTS-cofc-1_15-vv-01391
Petitioner: Dawnita Noble
Filed: 2017-06-29
Decided: 2018-04-05
Vaccine: influenza
Vaccination date: 2014-10-24
Condition: Guillain-Barré Syndrome (GBS)
Outcome: compensated
Award amount USD: 313393

AI-assisted case summary:
Dawnita Noble filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered Guillain-Barré Syndrome (GBS) after receiving an influenza vaccine on October 24, 2014. The respondent, the Secretary of Health and Human Services, did not contest entitlement, stating that the petitioner met the criteria for GBS under the revised Vaccine Injury Table. A ruling on entitlement was issued on June 29, 2017, finding Ms. Noble entitled to compensation. Subsequently, on June 30, 2017, the respondent filed a proffer on award of compensation, which Ms. Noble agreed with. The decision awarded a total of $313,393.96 in a lump sum for life care expenses, lost earnings, and pain and suffering. An additional $456.55 was awarded to satisfy a Medicaid lien. The remaining life care expenses were to be covered by an annuity contract. The decision was issued on April 5, 2018.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-01391-1
Date issued/filed: 2018-04-05
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/29/2017) regarding 43 Ruling on Entitlement (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Service on parties made.
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Case 1:15-vv-01391-UNJ Document 56 Filed 04/05/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1391V
Filed: June 29, 2017
UNPUBLISHED
DAWNITA NOBLE,
Special Processing Unit (SPU);
Petitioner, Ruling on Entitlement; Uncontested;
v. Causation-In-Fact; Influenza (Flu)
Vaccine; Guillain-Barre Syndrome
SECRETARY OF HEALTH AND (GBS)
HUMAN SERVICES,
Respondent.
Carol L. Gallagher, Carol L. Gallagher, Esquire, LLC, Linwood, NJ, for petitioner.
Christine Mary Becer, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On November 17, 2015, petitioner 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 she suffered Guillain-Barré Syndrome (“GBS”)
after receiving the influenza vaccine on October 24, 2014. Petition at 1. Petitioner
further alleges that she received the vaccination in the United States, suffered the
effects of her injury for more than six months, and has not brought a civil action or
received compensation for her injury, alleged as vaccine caused. Petition at ¶¶ 2, 31-
33. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, the
undersigned intends 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). 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, the undersigned agrees that the identified material fits
within this definition, the undersigned 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:15-vv-01391-UNJ Document 56 Filed 04/05/18 Page 2 of 2
On June 28, 2017, respondent filed his Rule 4(c) Report stating that he “does not
contest entitlement in this matter.” Respondent’s Rule 4(c) Report at 1. Specifically, he
indicates that “[i]t is respondent’s position that petitioner has satisfied the criteria set
forth in the newly revised Vaccine Injury Table (“Table”) and the Qualifications and Aids
to Interpretation (“QAI”).” Id. at 4 (footnote omitted). Respondent adds that “[a]lthough
the revised Table only governs petitions filed on or after the effective date of the final
rule,[3] the evidence shows that petitioner suffered GBS following the administration of a
seasonal flu vaccine, and that the onset occurred within the time period specified in the
Table.” Id. Respondent concludes that because petitioner would be entitled to a
presumption of causation under the revised Table if he simply re-filed his petition,
respondent “will not contest entitlement to compensation in this case.” Id. (citation
omitted).
In view of respondent’s position and the evidence of record, the
undersigned finds that petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 Originally, the effective date for the new rule was February 21, 2017. Revisions to the Vaccine Injury
Table, 82 Fed. Reg. 6294 (Jan. 19, 2017) (to be codified at 42 C.F.R. pt. 100). This effective date was
delayed until March 21, 2017. Delay of Revisions to the Vaccine Injury Table, 82 Fed. Reg. 11321 (Feb.
22, 2017) (to be codified at 42 C.F.R. pt. 100).

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DOCUMENT 2: USCOURTS-cofc-1_15-vv-01391-2
Date issued/filed: 2018-04-05
Pages: 13
Docket text: PUBLIC DECISION (Originally filed: 06/30/2017) regarding 46 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Service on parties made.
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Case 1:15-vv-01391-UNJ Document 57 Filed 04/05/18 Page 1 of 13
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1391V
Filed: June 30, 2017
UNPUBLISHED
DAWNITA NOBLE,
Special Processing Unit (SPU);
Damages Decision Based on Proffer;
Petitioner,
Influenza (Flu) Vaccine; Guillain-
v.
Barre Syndrome (GBS)
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Carol L. Gallagher, Carol L. Gallagher, Esquire, LLC, Linwood, NJ, for petitioner.
Christine Mary Becer, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On November 17, 2015, petitioner 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 she suffered Guillain-Barré Syndrome (“GBS”)
after receiving the influenza vaccine on October 24, 2014. Petition at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On June 29, 2017, a ruling on entitlement was issued, finding petitioner entitled
to compensation for her injury. On June 30, 2017, respondent filed a proffer on award
of compensation (“Proffer”) indicating petitioner should be awarded all items of
compensation set forth in the life care plan and illustrated by the chart attached to the
Proffer at Tab A. Proffer at 1. 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.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, the
undersigned intends 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). 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, the undersigned agrees that the identified material fits
within this definition, the undersigned 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:15-vv-01391-UNJ Document 57 Filed 04/05/18 Page 2 of 13
Pursuant to the terms stated in the attached Proffer, the undersigned awards
the following compensation:
1. A lump sum payment of $313,393.96, representing compensation for life
care expenses expected to be incurred in the first year after judgment
($35,411.65), compensation for actual and anticipated lost earnings
($87,982.31), and compensation for actual and projected pain and suffering
($190,000.00, in the form of a check payable to petitioner, Dawnita
Noble.
2. A lump sum payment of $456.55, representing compensation for the
satisfaction of the Sunflower Health Plan Medicaid lien, payable jointly to
petitioner, Dawnita Noble, and
Sunflower Health Plan
5615 High Point Drive, Suite 100
Attn: Case Management Dept.
Irving, Texas 75038
Case Number: 101088
Recipient ID: KA0100100170270
3. An amount sufficient to purchase an annuity contract subject to the
conditions described in the Proffer to provide payment as described in
the Proffer, for the life care items contained in the life care plan and
illustrated in the chart filed as an attachment (Tab A) to the Proffer,
beginning with compensation for Year Two (on the first year anniversary
of the date of the judgment) and all subsequent years, paid to the life
insurance company from which the annuity will be purchased. To
clarify, the annuity will cover all items of compensation set forth in the
life care plan and illustrated in the chart attached to the Proffer at Tab A,
except those items of compensation for which payment will be made
under #1 and #2 above.
This amount represents compensation for all damages that would be available
under § 300aa-15(a).
The clerk of the court is directed to enter judgment in accordance with this
decision.3
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

Case 1:15-vv-01391-UNJ Document 57 Filed 04/05/18 Page 3 of 13
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3

Case 1:15-vv-01391-UNJ Document 57 Filed 04/05/18 Page 4 of 13
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
DAWNITA NOBLE,
Petitioner,
v. No. 15-1391V
Chief Special Master Dorsey
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
RESPONDENT'S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
A. Life Care Items
Respondent engaged life care planner Linda Curtis, RN, MS, CCM, CNLP, and petitioner
engaged Roberta Hurley, B.S., Ed., to provide an estimation of Dawnita Noble’s future vaccine-
injury related needs. For the purposes of this proffer, the term “vaccine related” is as described
in the respondent’s Rule 4(c) Report, filed June 28, 2017. All items of compensation identified
in the life care plan are supported by the evidence, and are illustrated by the chart entitled
Appendix A: Items of Compensation for Dawnita Noble, attached hereto as Tab A.1 Respondent
proffers that Dawnita Noble 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.
B. Lost Earnings
The parties agree that based upon the evidence of record, Dawnita Noble has suffered
past loss of earnings and will suffer a loss of earnings in the future. Therefore, respondent
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 1:15-vv-01391-UNJ Document 57 Filed 04/05/18 Page 5 of 13
proffers that Dawnita Noble 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 Dawnita
Noble’s lost earnings is $87,982.31. Petitioner agrees.
C. Pain and Suffering
Respondent proffers that Dawnita Noble should be awarded $190,000.00 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
Petitioner represents that she is not submitting a claim for past unreimbursable expenses.
E. Medicaid Lien
Respondent proffers that Dawnita Noble should be awarded funds to satisfy a
SUNFLOWER HEALTH PLAN lien in the amount of $456.55, which represents full satisfaction
of any right of subrogation, assignment, claim, lien, or cause of action that the SUNFLOWER
HEALTH PLAN may have against any individual as a result of any Medicaid payments the
SUNFLOWER HEALTH PLAN has made to or on behalf of Dawnita Noble 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 24, 2014, under Title XIX of the Social Security Act.
II. Form of the Award
The parties recommend that the compensation provided to Dawnita Noble should be
made through a combination of lump sum payments and future annuity payments as described
-2-

Case 1:15-vv-01391-UNJ Document 57 Filed 04/05/18 Page 6 of 13
below, and request that the Chief Special Master’s decision and the Court’s judgment award the
following:2
A. A lump sum payment of $313,393.96, representing compensation for life care
expenses expected to be incurred during the first year after judgment ($35,411.65); lost earnings
($87,982.31); and pain and suffering ($190,000.00), in the form of a check payable to petitioner,
Dawnita Noble.
B. A lump sum payment of $456.55, representing compensation for satisfaction of the
SUNFLOWER HEALTH PLAN Medicaid lien, payable jointly to petitioner and
SUNFLOWER HEALTH PLAN
5615 High Point Drive, Suite 100
Attn: Case Management Dept.
Irving, Texas 75038
Case Number: 101088
Recipient ID: KA0100100170270
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;
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.
-3-

Case 1:15-vv-01391-UNJ Document 57 Filed 04/05/18 Page 7 of 13
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,
Dawnita Noble, only so long as Dawnita Noble 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, Dawnita Noble, 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 Dawnita Noble’s death.
3. Guardianship
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
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
-4-

Case 1:15-vv-01391-UNJ Document 57 Filed 04/05/18 Page 8 of 13
III. Summary of Recommended Payments Following Judgment
A. Lump Sum paid to petitioner, Dawnita Noble: $313,393.96
B. Medicaid lien: $ 456.55
C. An amount sufficient to purchase the annuity contract described
above in section II.C.
of Records, No. 09-15-0056.
-5-

Case 1:15-vv-01391-UNJ Document 57 Filed 04/05/18 Page 9 of 13
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
GABRIELLE M. FIELDING
Assistant Director
Torts Branch, Civil Division
/s/Christine M. Becer
CHRISTINE M. BECER
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) 616-3665
Dated: June 30, 2017
-6-

Case 1:15-vv-01391-UNJ Document 57 Filed 04/05/18 Page 10 of 13
Appendix A: Items of Compensation for Dawnita Noble Page 1 of 4
Lump Sum
ITEMS OF Compensation Compensation Compensation Compensation Compensation Compensation Compensation Compensation
COMPENSATION G.R. * M Year 1 Years 2-5 Year 6 Years 7-10 Year 11 Years 12-15 Year 16 Years 17-20
2017 2018-2021 2022 2023-2026 2027 2028-2031 2032 2033-2036
Medicare Part B Premium 5% M 1 ,608.00 1,608.00 1,608.00 1,608.00 1,608.00 1,608.00 1,608.00 1,608.00
Medicare Part B Deductible 5% *
Medigap C 5% M 2 ,341.50 2,341.50 2,341.50 2,341.50 2,341.50 2,341.50 2,341.50 2,341.50
Medicare Part D 5% M 2 ,700.36 2,700.36 2,700.36 2,700.36 2,700.36 2,700.36 2,700.36 2,700.36
Neurosurgery 5% *
Pain Mngt 5% *
Neurology 5% *
Orthopedic 5% *
Bupropion 5% *
Duloxetine 5% *
Lamatrigin 5% *
Lyrica 5% *
Methadone 5% *
Norco 5% *
Water Therapy/YMCA 4% 5 16.00 516.00 516.00 516.00 516.00 516.00 516.00 516.00
Counseling 4% *
Scooter 4% 8 29.00 829.00 829.00 829.00
Rollator Waker 4% *
Adj Cane 4% 3 3.85 33.85 33.85 33.85
Bath Bench 4% 8 6.98 86.98 86.98 86.98
Lift Chair 4% 3 79.00 379.00
Adj Bed 4% 7 23.00 723.00
Diabetic Socks 4% 2 3.96 23.96 23.96 23.96 23.96 23.96 23.96 23.96
Therapeutic Shoes 4% 1 60.00 160.00 160.00 160.00 160.00 160.00 160.00 160.00
Home Care 4% M 1 9,710.00 19,710.00 19,710.00 19,710.00 19,710.00 19,710.00 19,710.00 19,710.00
Home Mods 0% 6,300.00
Lost Earnings 8 7,982.31
Pain and Suffering 1 90,000.00

Case 1:15-vv-01391-UNJ Document 57 Filed 04/05/18 Page 11 of 13
Appendix A: Items of Compensation for Dawnita Noble Page 2 of 4
Lump Sum
ITEMS OF Compensation Compensation Compensation Compensation Compensation Compensation Compensation Compensation
COMPENSATION G.R. * M Year 1 Years 2-5 Year 6 Years 7-10 Year 11 Years 12-15 Year 16 Years 17-20
2017 2018-2021 2022 2023-2026 2027 2028-2031 2032 2033-2036
Medicaid Lien 4 56.55
Annual Totals 3 13,850.51 27,059.82 28,009.65 27,059.82 29,111.65 27,059.82 28,009.65 27,059.82
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 ($35,411.65), lost earnings ($87,982.31), and pain and suffering ($190,000.00): $313,393.96.
As soon as practicable after entry of judgment, respondent shall make the following payment jointly to
petitioner and SUNFLOWER HEALTH PLAN, as reimbursement of the SUNFLOWER HEALTH PLAN lien: $456.55.
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.

Case 1:15-vv-01391-UNJ Document 57 Filed 04/05/18 Page 12 of 13
Appendix A: Items of Compensation for Dawnita Noble Page 3 of 4
ITEMS OF Compensation Compensation Compensation
COMPENSATION G.R. * M Year 21 Year 22 Years 23-Life
2037 2038 2039-Life
Medicare Part B Premium 5% M 1,608.00 1,608.00
Medicare Part B Deductible 5% *
Medigap C 5% M 2,341.50 2,341.50 2,341.50
Medicare Part D 5% M 2,700.36 2,700.36 2,700.36
Neurosurgery 5% *
Pain Mngt 5% *
Neurology 5% *
Orthopedic 5% *
Bupropion 5% *
Duloxetine 5% *
Lamatrigin 5% *
Lyrica 5% *
Methadone 5% *
Norco 5% *
Water Therapy/YMCA 4% 516.00 516.00 516.00
Counseling 4% *
Scooter 4% 829.00 165.80 165.80
Rollator Waker 4% *
Adj Cane 4% 33.85 6.77 6.77
Bath Bench 4% 86.98 17.40 17.40
Lift Chair 4% 379.00 37.90 37.90
Adj Bed 4% 723.00 72.30 72.30
Diabetic Socks 4% 23.96 23.96 23.96
Therapeutic Shoes 4% 160.00 160.00 160.00
Home Care 4% M 19,710.00 19,710.00 19,710.00
Home Mods 0%
Lost Earnings
Pain and Suffering

Case 1:15-vv-01391-UNJ Document 57 Filed 04/05/18 Page 13 of 13
Appendix A: Items of Compensation for Dawnita Noble Page 4 of 4
ITEMS OF Compensation Compensation Compensation
COMPENSATION G.R. * M Year 21 Year 22 Years 23-Life
2037 2038 2039-Life
Medicaid Lien
Annual Totals 29,111.65 27,359.99 25,751.99
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 ($35,411.65), lost earnings ($87,982.31), and pain and suffering ($190,000.00): $313,393.96.
As soon as practicable after entry of judgment, respondent shall make the following payment jointly to
petitioner and SUNFLOWER HEALTH PLAN, as reimbursement of the SUNFLOWER HEALTH PLAN lien: $456.55.
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.