VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00615
Package ID: USCOURTS-cofc-1_17-vv-00615
Petitioner: Alethea Agee
Filed: 2017-05-08
Decided: 2022-12-28
Vaccine: influenza
Vaccination date: 2014-10-07
Condition: complex regional pain syndrome (“CRPS”)
Outcome: compensated
Award amount USD: 1649788

AI-assisted case summary:
Alethea Agee filed a petition on May 8, 2017, alleging that an influenza vaccine administered on October 7, 2014, caused her to develop complex regional pain syndrome (CRPS) in her left upper extremity. The respondent filed a Rule 4(c) Report on March 7, 2018, conceding that the CRPS was caused-in-fact by the vaccination and that compensation was appropriate. Special Master Laura D. Millman issued a ruling on entitlement on March 8, 2018, finding Ms. Agee entitled to compensation. The case then proceeded to the damages phase. On November 22, 2022, the respondent filed a proffer on the award of compensation. Special Master Daniel T. Horner issued a decision on December 28, 2022, awarding Ms. Agee a total of $1,649,788.66. This award includes $86,090.36 for life care expenses expected in the first year after judgment, $1,340,812.00 for lost earnings (past and future), and $222,886.30 for pain and suffering ($125,000.00 actual and $97,886.30 projected, reduced to present value). The award also includes an amount sufficient to purchase an annuity for future life care items, with growth rates of 4% for non-medical items and 5% for medical items, compounded annually. The annuity payments are life-contingent. Petitioner counsel was Anne C. Toale, and respondent counsel was Claudia B. Gangi. The public decision does not describe the onset of symptoms, specific medical tests, or treatments. The specific life care planners engaged by the parties were Linda Curtis, RN, MS, CNLCP, CCM for the respondent, and James Patrick, PhD, CRC, CLCP and Pauline Patrick, DSW, LCSW, CRC, CLCP for the petitioner.

Theory of causation field:
Alethea Agee received an influenza vaccine on October 7, 2014, and subsequently developed complex regional pain syndrome (CRPS) in her left upper extremity. The respondent conceded that the CRPS was caused-in-fact by the vaccination. The case proceeded to damages, and on December 28, 2022, Special Master Daniel T. Horner awarded $1,649,788.66. This award included $86,090.36 for first-year life care expenses, $1,340,812.00 for lost earnings, and $222,886.30 for pain and suffering. An annuity was also awarded for future life care items. The theory of causation was off-Table. Petitioner counsel was Anne C. Toale, and respondent counsel was Claudia B. Gangi.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00615-0
Date issued/filed: 2018-04-05
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 03/08/2018) regarding 22 Ruling on Entitlement Signed by Special Master Laura D Millman. (tlf) Service on parties made.
--------------------------------------------------------------------------------
Case 1:17-vv-00615-UNJ Document 23 Filed 04/05/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-615V
Filed: March 8, 2018
Not to be published
*************************************
ALETHEA AGEE, *
*
Petitioner, *
*
v. * Influenza vaccine; complex regional
* pain syndrome (“CRPS”); respondent
SECRETARY OF HEALTH * agrees compensatiom is appropriate
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Anne C. Toale, Sarasota, FL, for petitioner.
Claudia B. Gangi, Washington, DC, for respondent.
MILLMAN, Special Master
RULING ON ENTITLEMENT1
On May 8, 2017, petitioner filed a petition under the National Childhood Vaccine Injury
Act, 42 U.S.C. § 300aa-10-34 (2012), alleging that influenza (“flu”) vaccine administered
October 7, 2014 caused her complex regional pain syndrome (“CRPS”) in her left upper
extremity. Pet. at ¶¶ 8, 14.
On March 7, 2018, respondent filed a Rule 4(c) Report stating “respondent agrees with
petitioner’s claim that her CRPS was caused-in-fact by the flu vaccination she received on
1 Because this unpublished ruling on entitlement contains a reasoned explanation for the special master’s
action in this case, the special master intends to post this unpublished ruling on entitlement 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). 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 ruling on entitlement 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 1:17-vv-00615-UNJ Document 23 Filed 04/05/18 Page 2 of 2
October 7, 2014.” Resp’t’s Rep. at 1, 5. Respondent states “compensation is appropriate in this
case.” Id. at 5. Respondent recommends further proceedings to determine damages. Id. at 6.
This case is now in damages.
IT IS SO ORDERED.
Dated: March 8, 2018 /s/ Laura D. Millman
Laura D. Millman
Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_17-vv-00615-1
Date issued/filed: 2022-12-28
Pages: 9
Docket text: PUBLIC DECISION (Originally filed: 11/28/2022) regarding 79 DECISION Stipulation/Proffer. Signed by Special Master Daniel T. Horner. (mly) Service on parties made.
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Case 1:17-vv-00615-UNJ Document 80 Filed 12/28/22 Page 1 of 9
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-615V
Filed: November 28, 2022
UNPUBLISHED
ALETHEA AGEE, Special Master Horner
Petitioner,
v. Damages Decision Based on Proffer;
Influenza (Flu) Vaccine; Complex
SECRETARY OF HEALTH AND Regional Pain Syndrome (CRPS)
HUMAN SERVICES,
Respondent.
Anne Carrion Toale, Maglio Christopher and Toale, Sarasota, FL, for petitioner.
Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On May 8, 2017, Alethea Agee 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 complex regional pain syndrome
(“CRPS) resulting from an influenza (“flu”) vaccination on October 7, 2014. (ECF No.
1.)
On March 8, 2018, a ruling on entitlement was issued, finding petitioner entitled
to compensation for CRPS. (ECF No. 22.) On November 22, 2022, respondent filed a
proffer on award of compensation (“Proffer”) indicating petitioner should be awarded
$1,649,788.66, representing compensation for life care expenses expected to be
incurred during the first year after judgment ($86,090.36), lost earnings ($1,340,812.00),
and pain and suffering ($222, 886.30), as well as an amount sufficient to purchase an
annuity contract to provide for life care items contained in the life care plan beginning
with year two. (ECF No. 78.) The award for pain and suffering consists of $125,000.00
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am
required 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). This means the decision will be available to anyone with access to the
internet. 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, I agree that the identified material fits within this definition, I will redact such material from
public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755.

Case 1:17-vv-00615-UNJ Document 80 Filed 12/28/22 Page 2 of 9
for actual pain and suffering and $97,886.30 for projected pain and suffering, an amount
reflecting a reduction to net present value. (Id. at 2.)
Pursuant to the terms stated in the attached Proffer, I award Petitioner
• a lump sum payment of $1,649,788.66, representing $86,090.36 in
compensation for life care expenses expected to be incurred during the
first year after judgment, $1,340,812.00 for lost earnings, $125,000.00 in
actual pain and suffering, and $97,886.30 in projected pain and suffering, in
the form of a check payable to Petitioner; and
• An amount sufficient to purchase the annuity contract described in the
attached Proffer in section II.B.
This represents compensation for all damages that would be available under § 15(a).
The clerk of the court is directed to enter judgment in accordance with this
decision.3
IT IS SO ORDERED.
s/Daniel T. Horner
Daniel T. Horner
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 1:17-vv-00615-UNJ Document 80 Filed 12/28/22 Page 3 of 9
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
ALETHEA AGEE, )
)
Petitioner, )
) No. 17-615V
v. ) Special Master Horner
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On May 8, 2017, Alethea Agee (“petitioner”) filed a petition for compensation under the
National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act” or
“Act”), alleging that she suffered complex regional pain syndrome (“CRPS”) resulting from an
influenza (“flu”) vaccination she received on October 7, 2014. Petition at 4. On
March 7, 2018, the Secretary of Health and Human Services (“respondent”) filed his Rule 4(c)
Report conceding that petitioner’s CRPS was caused-in-fact by the flu vaccination and that she is
entitled to compensation. ECF No. 21. Accordingly, on March 8, 2018, the Special Master
issued a Ruling on Entitlement, finding that petitioner is entitled to vaccine compensation for
CRPS following the influenza vaccine she received on October 7, 2014. ECF No. 22.
I. Items of Compensation
A. Life Care Items
Respondent engaged life care planner Linda Curtis, RN, MS, CNLCP, CCM, and
petitioner engaged life care planners James Patrick, PhD, CRC, CLCP and Pauline Patrick,
DSW, LCSW, CRC, CLCP, to provide an estimation of petitioner’s future vaccine-injury related
needs. For the purposes of this proffer, the term “vaccine related” is as described in the

Case 1:17-vv-00615-UNJ Document 80 Filed 12/28/22 Page 4 of 9
respondent’s Rule 4(c) Report. All items of compensation identified in respondent’s life care
plan are supported by the evidence, and are illustrated by the chart entitled Appendix A: Items of
Compensation for Alethea Agee, attached hereto as Tab A. Respondent proffers that petitioner
should be awarded all items of compensation set forth in respondent’s 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, Alethea Agee has suffered past
loss of earnings and will suffer future loss of earnings as a result of her vaccine related injury.
Therefore, respondent proffers that petitioner 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 Alethea Agee’s past and future lost earnings is $1,340,812.00. Petitioner agrees.
C. Pain and Suffering
Respondent proffers that petitioner should be awarded $125,000.00 in actual pain and
suffering and $97,886.30 in projected pain and suffering for a total award of $222,886.30. 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.
II. Form of the Award
The parties recommend that the compensation provided to petitioner 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:1
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, future lost earnings, and future pain and suffering.
2

Case 1:17-vv-00615-UNJ Document 80 Filed 12/28/22 Page 5 of 9
A. A lump sum payment of $1,649,788.66, representing compensation for life care
expenses expected to be incurred during the first year after judgment ($86,090.36), lost earnings
($1,340,812.00), and pain and suffering ($222,886.30) in the form of a check payable to
petitioner, Alethea Agee.
B. An amount sufficient to purchase an annuity contract,2 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 company3 from
which the annuity will be purchased.4 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,
Alethea Agee, only so long as petitioner 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
2 In respondent’s discretion, respondent may purchase one or more annuity contracts from one
or more life insurance companies.
3 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.
4 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.
3

Case 1:17-vv-00615-UNJ Document 80 Filed 12/28/22 Page 6 of 9
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, Alethea Agee, 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 Alethea Agee’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, Alethea Agee: $1,649,788.66
B. An amount sufficient to purchase the annuity contract described
above in section II.B.
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
4

Case 1:17-vv-00615-UNJ Document 80 Filed 12/28/22 Page 7 of 9
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
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 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 616-4138
Dated: November 22, 2022
5

Case 1:17-vv-00615-UNJ Document 80 Filed 12/28/22 Page 8 of 9
Appendix A: Items of Compensation for Alethea Agee Page 1 of 2
Lump Sum
Compensation Compensation Compensation Compensation
ITEMS OF COMPENSATION G.R. * M Year 1 Years 2-17 Years 18-24 Years 25-Life
2022 2023-2038 2039-2045 2046-Life
Medicare Part B Premium 5% M 2,041.20 2,041.20
Medicare Adv Premium 5% M 556.80 556.80
Driver Assess & Rehab 4% 300.00
Lymphedema Eval 5% *
Occupational Therapy Evaluation 4% *
Orthopedist Consult 5% *
Physical Therapy Evaluation 4% *
Case Management 4% M 5,100.00 2,550.00 2,550.00 2,550.00
Psychological & Mental Health Care 4% *
Dietician 4% *
Finger and Toenail Care 4% 585.00 585.00 585.00 585.00
Occupational Therapy 4% *
Physical Therapy 4% *
Book Holder 4% 8.49 1.70 1.70 1.70
Bedside Safety Pole 4% 123.47 12.35 12.35 12.35
Adj Toilet Seat 4% 81.83 16.37 16.37 16.37
Long Handled Body Washer 4% 11.99 11.99 11.99 11.99
Handheld Shower 4% 14.89 2.98 2.98 2.98
Grab Bars 4% 93.48
Toothpaste Disp 4% 20.97 4.19 4.19 4.19
Lift Chair 4% * 497.00 49.70 49.70 49.70
Heating Pad 4% 21.98 4.40 4.40 4.40
Treadmill 4% 649.00
Medication Dispenser 4% 79.99 8.00 8.00 8.00
Paraffin Bath Container 4% 236.85 33.84 33.84 33.84
Reacher 4% 22.10 4.42 4.42 4.42
Arm Sling 4% 56.14 56.14 56.14 56.14
Canisters for One Handed Access 4% 28.95 5.79 5.79 5.79
Salt & Pepper Shakers for One Hand 4% 14.14 2.83 2.83 2.83
Adaptive Keyboard 4% 176.50 35.30 35.30 35.30
Wheel Spinner for Car 4% 98.95 9.90 9.90 9.90
One Handed Eating Tools 4% 88.65 12.66 12.66 12.66
Wipes 4% 89.97 89.97 89.97 89.97
Mineral Oil 4% 19.90 19.90 19.90 19.90
Support Pillow 4% 35.99 12.00 12.00 12.00
Paraffin Wax 4% 90.00 90.00 90.00 90.00
Paraffin Wax Liners 4% 60.33 60.33 60.33 60.33
Velcro Arm Wrap 4% 260.66 260.66 260.66 260.66
Waterproof Arm Cover 4% 19.00 19.00 19.00 19.00
Busipirone 5% *
Clonidine 5% *
Colace 4% 107.76 107.76 107.76 107.76
Duloxetine 60mg 5% *

Case 1:17-vv-00615-UNJ Document 80 Filed 12/28/22 Page 9 of 9
Appendix A: Items of Compensation for Alethea Agee Page 2 of 2
Lump Sum
Compensation Compensation Compensation Compensation
ITEMS OF COMPENSATION G.R. * M Year 1 Years 2-17 Years 18-24 Years 25-Life
2022 2023-2038 2039-2045 2046-Life
Lyrica 5% *
Morphine 5% *
Motrin 4% 123.22 123.22 123.22 123.22
Prilosec 5% 420.96 420.96 420.96 420.96
Salonpas 4% 117.00 117.00 117.00 117.00
Senna 4% 37.20 37.20 37.20 37.20
Zanaflex 5% *
Home Health Aide 4% M 73,800.00 73,800.00 73,800.00 92,250.00
Pain Specialist 5% *
CBP 5% *
PCP 5% *
Orthopedist 5% *
Psychiatric Follow up 5% *
Psychiatric Follow up for Psychotropic Meds 5% *
Spinal Cord Stim Repl 5% *
Lost Future Earnings 1,340,812.00
Pain and Suffering 222,886.30
Annual Totals 1,649,788.66 81,163.56 78,565.56 97,015.56
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 ($86,090.36), lost earnings ($1,340,812.00), pain and suffering ($222,886.30): $1,649,788.66
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.