VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01686
Package ID: USCOURTS-cofc-1_16-vv-01686
Petitioner: Catherine Miriani
Filed: 2016-12-22
Decided: 2018-09-05
Vaccine: influenza
Vaccination date: 2015-11-05
Condition: Guillain-Barre syndrome (GBS)
Outcome: compensated
Award amount USD: 766011

AI-assisted case summary:
Catherine Miriani filed a petition under the National Vaccine Injury Compensation Program alleging that she developed Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine she received on November 5, 2015. The respondent conceded entitlement, stating that the petitioner met the criteria for GBS under the revised Vaccine Injury Table, with onset within the specified timeframe. The case proceeded as an uncontested claim. Subsequently, the parties reached a stipulation for damages. The court awarded Catherine Miriani a total of $766,011.64. This award included compensation for life care expenses for the first year after judgment ($92,599.52), lost earnings ($417,293.34), pain and suffering ($245,000.00), and past unreimbursable expenses ($11,118.78). Additionally, an amount sufficient to purchase an annuity contract was awarded to cover future life care expenses, with payments adjusted for inflation and contingent on her continued survival.

Theory of causation field:
Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_16-vv-01686-0
Date issued/filed: 2018-02-08
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 9/15/2017) regarding 27 Ruling on Entitlement. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
--------------------------------------------------------------------------------
Case 1:16-vv-01686-UNJ Document 35 Filed 02/08/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1686V
Filed: September 15, 2017
UNPUBLISHED
CATHERINE MIRIANI,
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.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner.
Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On December 22, 2016, Catherine Miriani (“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 developed Guillain-
Barré syndrome (“GBS”) as a result of an influenza (“flu”) vaccine she received on
November 5, 2015. Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On September 15, 2017, respondent filed his Rule 4(c) report in which he states
that he does not contest that petitioner is entitled to compensation in this case.
Respondent’s Rule 4(c) Report at 1. Specifically, respondent states that petitioner has
satisfied the criteria set forth in the newly revised Vaccine Injury Table and the
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 1:16-vv-01686-UNJ Document 35 Filed 02/08/18 Page 2 of 2
Qualifications and Aids to Interpretation. Id. at 3. Although the revised Table only
governs petitions filed on or after the effective date of the final rule, respondent states
that 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. Recognizing that petitioner may re-file this petition and be afforded a
presumption of causation under the revised Table, respondent will not contest
entitlement in this case. Id.
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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_16-vv-01686-1
Date issued/filed: 2018-09-05
Pages: 9
Docket text: PUBLIC DECISION (Originally filed: 05/18/2018) regarding 43 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
--------------------------------------------------------------------------------
Case 1:16-vv-01686-UNJ Document 52 Filed 09/05/18 Page 1 of 9
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1686V
Filed: May 18, 2018
UNPUBLISHED
CATHERINE MIRIANI,
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.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner.
Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On December 22, 2016, Catherine Miriani (“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 developed Guillain-
Barré syndrome (“GBS”) as a result of an influenza (“flu”) vaccine she received on
November 5, 2015. Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On September 15, 2017, a ruling on entitlement was issued, finding petitioner
entitled to compensation for GBS. On May 17, 2018, respondent filed a proffer on
award of compensation (“Proffer”) indicating petitioner should be awarded a lump sum
payment of $766,011.64, representing compensation for life care expenses expected to
be incurred during the first year after judgment ($92,599.52), lost earnings
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 1:16-vv-01686-UNJ Document 52 Filed 09/05/18 Page 2 of 9
($417,293.34), pain and suffering ($245,000.00), past unreimbursable expenses
($11,118.78), and an amount sufficient to purchase an annuity contract subject to the
conditions described in the Proffer. Proffer at 3. 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 (Appendix A), the
undersigned awards petitioner:
(a) a lump sum payment of $766,011.64, representing compensation for life
care expenses expected to be incurred during the first year after judgment
($92,599.52), lost earnings ($417,293.34), pain and suffering ($245,000.00),
and past unreimbursable expenses ($11,118.78), in the form of a check
payable to petitioner, Catherine Miriani.
(b) An amount sufficient to purchase an annuity contract, subject to the
conditions described in the attached Proffer, that will provide payments for
the life care items contained in the life care plan, as illustrated by the chart
at Tab A of the Proffer, attached hereto, paid to the life insurance company
from which the annuity will be purchased.
These 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
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2

Case 1:16-vv-01686-UNJ Document 52 Filed 09/05/18 Page 3 of 9
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
CATHERINE MIRIANI,
Petitioner,
v. No. 16-1686V
Chief Special Master Dorsey
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
RESPONDENT'S PROFFER ON AWARD OF COMPENSATION
On December 22, 2016, Catherine Miriani (“petitioner”) filed this claim under the National
Childhood Vaccine Injury Act of 1986 (“Vaccine Act” or “Act”), as amended, 42 U.S.C. §§
300aa-1 to 34, alleging that a flu vaccine she received on November 5, 2015, caused her to suffer
from Guillain-Barre Syndrome (“GBS”). On September 15, 2017, respondent filed a Rule 4(c)
report indicating that he would not contest entitlement in the case. On the same day, Chief
Special Master Dorsey issued a Decision finding that petitioner is entitled to compensation under
the Vaccine Act.
I. Items of Compensation
A. Life Care Items
Respondent engaged life care planner Linda Curtis, RN, MS, CCM, CNLP, and petitioner
engaged Brook Feerick, RN, CCM, CNLP, to provide an estimation of Catherine Miriani’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. All items of compensation identified in the
life care plan are supported by the evidence, and are illustrated by the chart entitled Appendix A:
-1-

Case 1:16-vv-01686-UNJ Document 52 Filed 09/05/18 Page 4 of 9
Items of Compensation for Catherine Miriani, attached hereto as Tab A.1 Respondent proffers
that Catherine Miriani 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, Catherine Miriani has suffered
past loss of earnings and will suffer a loss of earnings in the future. Therefore, respondent
proffers that Catherine Miriani 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
Catherine Miriani’s lost earnings is $417,293.34. Petitioner agrees.
C. Pain and Suffering
Respondent proffers that Catherine Miriani should be awarded $245,000.00 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 Catherine Miriani’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 $11,118.78.
II. Form of the Award
The parties recommend that the compensation provided to Catherine Miriani should be
made through a combination of lump sum payments and future annuity payments as described
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.
-2-

Case 1:16-vv-01686-UNJ Document 52 Filed 09/05/18 Page 5 of 9
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 $766,011.64, representing compensation for life care
expenses expected to be incurred during the first year after judgment ($92,599.52), lost earnings
($417,293.34), pain and suffering ($245,000.00), and past unreimbursable expenses
($11,118.78), in the form of a check payable to petitioner, Catherine Miriani.
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,
Catherine Miriani, only so long as Catherine Miriani 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
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 1:16-vv-01686-UNJ Document 52 Filed 09/05/18 Page 6 of 9
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, Catherine Miriani, 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 Catherine Miriani’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, Catherine Miriani: $766,011.64
B. An amount sufficient to purchase the annuity contract described
above in section II.B.
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.
-4-

Case 1:16-vv-01686-UNJ Document 52 Filed 09/05/18 Page 7 of 9
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
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
/s/Claudia B. Gangi
CLAUDIA B. GANGI
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) 616-4138
Dated: May 17, 2018
-5-

Case 1:16-vv-01686-UNJ Document 52 Filed 09/05/18 Page 8 of 9
Appendix A: Items of Compensation for Catherine Miriani Page 1 of 2
Lump Sum
ITEMS OF Compensation Compensation Compensation Compensation Compensation Compensation Compensation Compensation Compensation
COMPENSATION G.R. * M Year 1 Year 2 Years 3-5 Year 6 Years 7-8 Years 9-10 Year 11 Years 12-16 Years 17-Life
2018 2019 2020-2022 2023 2024-2025 2026-2027 2028 2029-2033 2034-Life
BCBS Premium 5% M 6,184.32 6,184.32
BCBS MOP 5% 6,650.00 6,650.00
Medicare Part B Premium 5% M 1,608.00 1,608.00 1,608.00
Medicare Part B Deductible 5% *
Medigap F 5% M 4,734.48 4,734.48 4,734.48 1,647.36 1,647.36 1,647.36 1,647.36
Medicare Part D 5% M 459.18 459.18 459.18 459.18 459.18 459.18 459.18
PM&R 4% *
Neurologist 5% *
Urologist 5% *
Gastroenterologist 5% *
Orthopedist 5% *
Internist 5% *
Podiatrist 5% *
EMG/Nerve Cond. Test 5% *
Colonoscopy 5% *
Urodynamic Study 5% *
Renal Ultrasound 5% *
Cystocopy 5% *
CBC,Chem Panel 5% *
UA, C&S 5% *
Venous Doppler 5% *
Oxybutynin 5% *
Lorazepam 5% *
Gabapentin 5% *
OTC Meds: Bowel Program 4% 397.85 397.85 397.85 397.85 397.85 397.85 397.85 397.85 397.85
Advil 4% 36.40 36.40 36.40 36.40 36.40 36.40 36.40 36.40 36.40
Imodium 4% 63.70 63.70 63.70 63.70 63.70 63.70 63.70 63.70 63.70
PT 4% *
OT 4% *
Psych Counseling 4% *
Nutritional Counseling 4% 508.00
Compression Stockings 4% 48.94 48.94 48.94 48.94 48.94 48.94 48.94 48.94 48.94
Custom Shoes 4% 155.00 155.00 155.00 155.00 155.00 155.00 155.00 155.00 155.00
Manual WC 4% 999.00 999.00 999.00 199.80 199.80

Case 1:16-vv-01686-UNJ Document 52 Filed 09/05/18 Page 9 of 9
Appendix A: Items of Compensation for Catherine Miriani Page 2 of 2
Lump Sum
ITEMS OF Compensation Compensation Compensation Compensation Compensation Compensation Compensation Compensation Compensation
COMPENSATION G.R. * M Year 1 Year 2 Years 3-5 Year 6 Years 7-8 Years 9-10 Year 11 Years 12-16 Years 17-Life
2018 2019 2020-2022 2023 2024-2025 2026-2027 2028 2029-2033 2034-Life
Manual WC Maint 4% 79.92 79.92 79.92 79.92 79.92 79.92 79.92 79.92 79.92
Power WC, Battery & Maint 4% *
Roho Cushion 4% 658.00 219.33 219.33 219.33 219.33 219.33 219.33 219.33 219.33
Cushion Covers 4% 98.00 32.67 32.67 32.67 32.67 32.67 32.67 32.67 32.67
Shower Bench 4% 114.34 114.34 114.34 22.87 22.87
Hip Kit 4% 34.00 11.33 11.33 11.33 11.33 11.33 11.33 11.33 11.33
Slide Boards 4% 276.00 276.00 276.00 55.20 55.20
Hand Held Shower 4% 34.15 34.15 34.15 6.83 6.83
ADL 4% 150.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00
Two-way Monitor 4% 159.00
Floor to Ceiling Poles 4% 274.95 27.50 27.50 27.50 27.50 27.50 27.50 27.50 27.50
Adj Bed 4% *
Depends 4% M 740.95 740.95 740.95 740.95 740.95 740.95 740.95 740.95 740.95
Wipes 4% M 150.00 150.00 150.00 150.00 150.00 150.00 150.00 150.00 150.00
Attendant Care 4% M 36,792.00 36,792.00 36,792.00 36,792.00 36,792.00 36,792.00 36,792.00 36,792.00 36,792.00
Housekeeping: Deep Clean 4% M 1,020.00 1,020.00 1,020.00 1,020.00 1,020.00 1,020.00 1,020.00 1,020.00 1,020.00
Yard Maint 4% 540.00 540.00 540.00 540.00 540.00 540.00 540.00 540.00
WC Accessible Van 4% 24,000.00 24,000.00 2,400.00 2,400.00
Van Maint 4% 1,000.00 1,000.00 1,000.00 1,000.00 1,000.00 1,000.00 1,000.00 1,000.00 1,000.00
Driving Eval 0% 535.00
Bathroom Mods 0% 5,500.00
Remove & Install Ramp 0% 4,400.00
Ramp for Deck 0% 1,000.00
Lost Earnings 417,293.34
Pain and Suffering 245,000.00
Past Expenses 11,118.78
Annual Totals 766,011.64 54,199.91 48,167.25 49,590.74 48,167.25 43,472.13 68,895.62 46,156.83 45,566.83
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 ($92,599.52), lost earnings ($417,293.34), pain and suffering ($245,000.00), and past unreimbursable
expenses ($11,118.78): $766,011.64.
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.