VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00408
Package ID: USCOURTS-cofc-1_17-vv-00408
Petitioner: Dorothy E. Cooper
Filed: 2017-03-22
Decided: 2020-09-29
Vaccine: influenza
Vaccination date: 2016-03-04
Condition: Guillain-Barre Syndrome
Outcome: compensated
Award amount USD: 264171

AI-assisted case summary:
Dorothy Cooper filed a petition for compensation under the National Vaccine Injury Compensation Program alleging she developed Guillain-Barre Syndrome (GBS) after receiving an influenza vaccination on March 4, 2016. Respondent conceded that Ms. Cooper's GBS was caused-in-fact by the flu vaccination and that she was entitled to compensation. A ruling on entitlement was issued on November 13, 2017, finding Ms. Cooper entitled to compensation. Subsequently, Ms. Cooper and respondent reached a proffer agreement for damages. Respondent proffered an award of a lump sum of $260,959.15, which included $150,000.00 for past and future pain and suffering, $88,160.35 in lost earnings, $14,756.47 in past unreimbursable medical expenses, and $8,042.23 in future out-of-pocket expenses. Additionally, respondent proffered a lump sum of $3,212.81 to satisfy the North Carolina Division of Health Benefits Medicaid lien. The Special Master adopted the proffer and awarded compensation in the total amount of $264,171.96 ($260,959.15 + $3,212.81). Ms. Cooper is a competent adult, and no evidence of guardianship was required. The decision was filed on September 29, 2020.

Theory of causation field:
Off-Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00408-0
Date issued/filed: 2020-09-29
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 9/4/2020) regarding 69 DECISION Stipulation/Proffer. Signed by Special Master Mindy Michaels Roth. (mw) Service on parties made.
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Case 1:17-vv-00408-UNJ Document 73 Filed 09/29/20 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-408V
Filed: September 4, 2020
* * * * * * * * * * * * *
DOROTHY E. COOPER, * UNPUBLISHED
*
Petitioner, * Decision on Damages;
* Guillain-Barre Syndrome
v. * (“GBS”); Influenza (“Flu”)
* Vaccine
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * *
Nancy Meyers, Esq., Turning Point Litigation, Greensboro, NC, for petitioner.
Camille Collett, Esq., US Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Roth, Special Master:
On March 22, 2017, Dorothy Cooper [“Ms. Cooper” or “petitioner”] filed a petition for
compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges that
she developed Guillain-Barre Syndrome (“GBS”) after receiving an influenza (“flu”) vaccination
on March 4, 2016. See Petition, ECF No. 1.
Respondent thereafter filed a report pursuant to Vaccine Rule 4(c) conceding that
petitioner’s injury was caused-in-fact by the flu vaccination that she received on March 4, 2016,
and that petitioner is entitled to compensation in this case. Respondent’s Report at 1, ECF No. 12.
1 Although this Decision has been formally designated “unpublished,” it will nevertheless be posted on the
Court of Federal Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-
347, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). This means the Decision
will be available to anyone with access to the internet. However, the parties may object to the Decision’s
inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party
has fourteen 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 whole Decision will be available to the public. Id.
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 1:17-vv-00408-UNJ Document 73 Filed 09/29/20 Page 2 of 5
On November 13, 2017, I issued a ruling on entitlement finding that petitioner was entitled
to compensation. See Ruling on Entitlement, ECF No. 13. On August 25, 2020, the parties filed a
joint status report advising that petitioner and respondent had reached a proffer agreement. See
Joint Status Report, ECF No. 63.
Respondent filed a proffer on September 3, 2020, agreeing to issue the following payments:
A lump sum of $260,959.15, representing $150,000.00 for past and future pain and
suffering, $88,160.35 in lost earnings, $14,756.47 in past unreimburseable medical
expenses, and $8,042.23 in future out-of-pocket expenses, in the form of a check
payable to petitioner, Dorothy Cooper. This amount represents compensation for all
damages that would be available under § 300aa-15(a).
A lump sum in the amount of $3,212.81, representing funds to fully satisfy the
North Carolina Division of Health Benefits Medicaid lien, payable jointly to the
petitioner, Dorothy Cooper, and to:
North Carolina Division of Health Benefits
Office of the Controller
2022 Mail Service Center
Raleigh, NC 27699-2022.
I adopt respondent’s proffer attached hereto, and award compensation in the amount and
on the terms set forth therein. The clerk of the court is directed to enter judgment in accordance
with this decision.3
IT IS SO ORDERED.
s/ Mindy Michaels Roth
Mindy Michaels Roth
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice
renouncing the right to seek review.
2

Case 1:17-vv-00408-UNJ Document 73 Filed 09/29/20 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
DOROTHY E. COOPER, )
)
Petitioner, ) No. 17-408V
) Special Master
v. ) Mindy Michaels Roth
) ECF
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items:
On November 12, 2017, respondent filed his Rule 4(c) Report, in which he
conceded entitlement. On November 13, 2017, the Court issued a Ruling on Entitlement,
finding that petitioner is entitled to compensation for her Guillain-Barre Syndrome
(“GBS”). Respondent now proffers that petitioner receive an award of a lump sum of
$260,959.15, in the form of a check payable to petitioner. The award is comprised of the
following: $150,000.00 for past and future pain and suffering, $88,160.35 in lost
earnings, $14,756.47 in past unreimbursable medical expenses, and $8,042.23 in future
out-of-pocket expenses. This amount represents compensation for all elements of
compensation under 42 U.S.C. § 300aa-15(a) to which petitioner is entitled.1 Petitioner
agrees.
1 Should petitioner die prior to the 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.
1

Case 1:17-vv-00408-UNJ Document 73 Filed 09/29/20 Page 4 of 5
Respondent further proffers that petitioner, Dorothy E. Cooper, should be awarded
funds to satisfy, in full, the North Carolina Division of Health Benefits Medicaid lien in
the amount of $3,212.81, which represents satisfaction of any right of subrogation,
assignment, claim, lien, or cause of action the State of North Carolina may have against
any individual as a result of any Medicaid payments the State of North Carolina has made
to or on behalf of Dorothy E. Cooper from the date of her eligibility for benefits through
the date of judgment in this case as a result of her vaccine-related injury, under Title XIX
of the Social Security Act.
II. Form of the Award:
The parties recommend that the compensation provided to Dorothy E. Cooper
should be made through two lump sum payments as described below, and request that the
special master’s decision and the Court’s judgment award the following:2
(1) A lump sum payment of $260,959.15, in the form of a check payable to
petitioner, Dorothy E. Cooper. This amount accounts for all elements of
compensation under 42 U.S.C. § 300aa-15(a) to which petitioner would be
entitled; and
(2) A lump sum payment of $3,212.81, representing compensation for satisfaction
of the North Carolina Division of Medical Assistance Medicaid lien, payable
jointly to petitioner and to:
North Carolina Division of Health Benefits
Office of the Controller
2022 Mail Service Center
Raleigh, NC 27699-2022
Petitioner agrees to endorse this payment to North Carolina Division of Medical
Assistance.
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 pain and suffering.
2

Case 1:17-vv-00408-UNJ Document 73 Filed 09/29/20 Page 5 of 5
Petitioner is a competent adult. Evidence of guardianship is not required in this
case.
Respectfully submitted,
ETHAN P. DAVIS
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/ Camille M. Collett
CAMILLE M. COLLETT
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) 616-4098
E-mail: Camille.m.collett@usdoj.gov
Dated: September 3, 2020
3