VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01671
Package ID: USCOURTS-cofc-1_16-vv-01671
Petitioner: Helene Frost
Filed: 2016-09-13
Decided: 2017-09-13
Vaccine: influenza
Vaccination date: 2015-11-18
Condition: Guillain-Barré syndrome (“GBS”)
Outcome: compensated
Award amount USD: 75000

AI-assisted case summary:
On December 20, 2016, petitioner Helene Frost filed a petition under the National Childhood Vaccine Injury Act, alleging that she suffered Guillain-Barré syndrome (GBS) as a result of an influenza vaccine she received on November 18, 2015. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report on July 7, 2017, stating that the respondent did not contest entitlement to compensation in this case. The parties subsequently submitted a proffer on the award of compensation. Special Master Laura D. Millman reviewed the proffer and found its terms to be reasonable. Based on the record, the Special Master awarded Helene Frost a lump sum payment of $75,000.00, representing all elements of compensation to which she would be entitled under 42 U.S.C. § 300aa-15(a). The award was to be paid in the form of a check for $75,000.00 made payable to petitioner. The decision was issued on September 13, 2017. Petitioner was represented by Jeffrey S. Pop, and respondent was represented by Lynn E. Ricciardella. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of causation.

Theory of causation field:
Petitioner Helene Frost alleged that she suffered Guillain-Barré syndrome (GBS) as a result of an influenza vaccine received on November 18, 2015. The respondent, the Secretary of Health and Human Services, did not contest entitlement. The parties submitted a proffer on award of compensation, agreeing to a lump sum payment of $75,000.00 representing all elements of compensation under 42 U.S.C. § 300aa-15(a). Special Master Laura D. Millman found the proffer reasonable and awarded the compensation on September 13, 2017. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused GBS.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01671-0
Date issued/filed: 2017-10-10
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 09/13/2017) regarding 24 DECISION Stipulation/Proffer, Signed by Special Master Laura D Millman. (tlf) Copy to parties.
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Case 1:16-vv-01671-UNJ Document 28 Filed 10/10/17 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1671V
Filed: September 13, 2017
Not for Publication
*************************************
HELENE FROST, *
*
Petitioner, *
Damages decision based on
*
proffer; Guillain-Barré syndrome
v. *
(“GBS”); influenza (“flu”) vaccine
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Jeffrey S. Pop, Beverly Hills, CA, for petitioner.
Lynn E. Ricciardella, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES1
On December 20, 2016, petitioner filed a petition under the National Childhood Vaccine
Injury Act, 42 U.S.C. §§ 300aa-10–34 (2012), alleging that she suffered Guillain-Barré
syndrome (“GBS”) as a result of the influenza (“flu”) vaccination she received on November 18,
2015. Respondent stated in his Rule 4(c) Report filed on July 7, 2017 that he does not contest
entitlement in this case.
1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this
case, the special master intends to post this unpublished decision on the United States Court of Federal
Claims’s 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). Vaccine Rule 18(b) states that
all decisions of the special masters will be made available to the public unless they contain trade secrets
or commercial or financial information that is privileged and confidential, or medical or similar
information whose disclosure would constitute a clearly unwarranted invasion of privacy. When such a
decision is filed, petitioner has 14 days to identify and move to redact such information prior to the
document=s disclosure. If the special master, upon review, agrees that the identified material fits within
the banned categories listed above, the special master shall redact such material from public access.

Case 1:16-vv-01671-UNJ Document 28 Filed 10/10/17 Page 2 of 4
On September 13, 2017, respondent filed Respondent’s Proffer on Award of
Compensation. The undersigned finds the terms of the proffer to be reasonable. Based on the
record as a whole, the undersigned finds that petitioner is entitled to the award as stated in the
proffer. Pursuant to the terms stated in the attached proffer, the court awards a lump sum
payment of $75,000.00, representing all elements of compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a). The award shall be in the form of a check for $75,000.00
made payable to petitioner.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court is directed to enter judgment herewith.2
IT IS SO ORDERED.
Dated: September 13, 2017 /s/ Laura D. Millman
Laura D. Millman
Special Master
2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or
jointly, filing a notice renouncing the right to seek review.
2

Case 1:16-vv-01671-UNJ Document 28 Filed 10/10/17 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
______________________________________
)
HELENE FROST, )
)
Petitioner, )
)
v. ) No. 16-1671V
) Special Master Millman
SECRETARY OF HEALTH AND HUMAN ) ECF
SERVICES, )
)
Respondent. )
______________________________________ )
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items:
Respondent proffers that, based on the evidence of record, petitioner, Helene Frost,
should be awarded $75,000.00. This amount represents all elements of compensation to which
petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award:
The parties recommend that the compensation provided to Helene Frost should be made
in a lump sum payment as described below, and request that the special master’s decision and the
Court’s judgment award the following:1
A lump sum payment of $75,000.00 in the form of a check payable to petitioner,
Helene Frost. This amount accounts for all elements of compensation under 42
U.S.C. § 300aa-15(a) to which petitioner would be entitled.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
1 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 pain and suffering.

Case 1:16-vv-01671-UNJ Document 28 Filed 10/10/17 Page 4 of 4
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
HEATHER L. PEARLMAN
Assistant Director
Torts Branch, Civil Division
/s/ Lynn E. Ricciardella
LYNN E. RICCIARDELLA
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel.: (202) 616-4356
Dated: September 13, 2017