VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00771
Package ID: USCOURTS-cofc-1_17-vv-00771
Petitioner: Tammy L. Douse
Filed: 2017-06-12
Decided: 2018-05-31
Vaccine: influenza
Vaccination date: 2016-10-03
Condition: Guillain-Barré syndrome (GBS)
Outcome: compensated
Award amount USD: 158801

AI-assisted case summary:
Tammy L. Douse filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered Guillain-Barré syndrome (GBS) as a result of an influenza vaccine administered on October 3, 2016. The case was assigned to the Special Processing Unit. Respondent filed a Rule 4(c) report conceding that petitioner was entitled to compensation, as her condition met the criteria of the Vaccine Injury Table for GBS with onset between three and forty-two days after vaccination, with no apparent alternative cause. A ruling on entitlement was issued on February 26, 2018, finding her entitled to compensation. Subsequently, on March 22, 2018, respondent filed a proffer on award of compensation, recommending an award of $158,801.00. This amount included $150,000.00 for pain and suffering, $2006.00 for past unreimbursable expenses, and $6,795.00 for lost wages. Petitioner agreed with the proffered award. The Chief Special Master issued a decision awarding Tammy L. Douse a lump sum payment of $158,801.00.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00771-0
Date issued/filed: 2018-05-04
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 2/26/2018) regarding 22 Ruling on Entitlement. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:17-vv-00771-UNJ Document 35 Filed 05/04/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-771V
Filed: February 26, 2018
UNPUBLISHED
TAMMY L. DOUSE,
Special Processing Unit (SPU);
Petitioner, Ruling on Entitlement; Concession;
v. Table Injury; Influenza (Flu) Vaccine;
Guillain-Barre Syndrome (GBS)
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Matthew N. Menzer, Menzer Law Firm, PLLC, Seattle, WA, for petitioner.
Julia Marter Collison, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On June 12, 2017, 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) as a result of
an influenza (flu) vaccine administered to her on October 3, 2016.. Petition at 1. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On February 23, 2018, respondent filed his Rule 4(c) report in which he
concedes 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 recently revised Vaccine Injury Table (Table) and the Qualifications and
Aids to Interpretation (QAI), which afford petitioner a presumption of causation if 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 1:17-vv-00771-UNJ Document 35 Filed 05/04/18 Page 2 of 2
onset of GBS occurs between three and forty-two days after a seasonal flu vaccination
and there is no apparent alternative cause.” Id. at 5 (citing 42C.F.R. § 100.3
(a)(XIV)(D), (c)(15)).
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
2

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DOCUMENT 2: USCOURTS-cofc-1_17-vv-00771-1
Date issued/filed: 2018-05-31
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 3/22/2018) regarding 27 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:17-vv-00771-UNJ Document 40 Filed 05/31/18 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-771V
Filed: March 22, 2018
UNPUBLISHED
TAMMY L. DOUSE,
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.
Matthew N. Menzer, Menzer Law Firm, PLLC, Seattle, WA, for petitioner.
Julia Marter Collison, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On June 12, 2017, 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 she suffered Guillain-Barré syndrome (GBS)
as a result of an influenza (flu) vaccine administered to her on October 3, 2016. Petition
at 1. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On February 26, 2018, a ruling on entitlement was issued, finding petitioner
entitled to compensation. On March 22, 2018, respondent filed a proffer on award of
compensation (“Proffer”) indicating petitioner should be awarded $158,801.00,
representing compensation for pain and suffering ($150,000.00), past unreimbursable
expenses ($2006.00), and lost wages ($6,795.00). Proffer at 2. 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 1:17-vv-00771-UNJ Document 40 Filed 05/31/18 Page 2 of 5
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, the undersigned awards
petitioner a lump sum payment of $158,801.00 in the form of a check payable to
petitioner, Tammy L. Douse. 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
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 1:17-vv-00771-UNJ Document 40 Filed 05/31/18 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
TAMMY L. DOUSE, )
)
Petitioner, )
) No. 17-771V
v. ) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On June 12, 2017, Tammy Douse (“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 Guillain-Barré Syndrome (“GBS”) caused by an influenza
(“flu”) vaccine administered on October 3, 2016. Petition at ¶¶ 1. On February 23, 2018, the
Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that
this case is appropriate for compensation under the terms of the Act, and the Chief Special
Master issued a Ruling on Entitlement finding petitioner entitled to compensation on February
26, 2018. ECF No. 21; ECF No. 22.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that Tammy Douse should be awarded $150,000.00 in actual and
projected pain and suffering. This amount reflects that the award for projected pain and
suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner
agrees.

Case 1:17-vv-00771-UNJ Document 40 Filed 05/31/18 Page 4 of 5
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents Tammy Douse’s expenditure of past
unreimbursable expenses as a result of her vaccine injury. Respondent proffers that petitioner
should be awarded past unreimbursable expenses in the amount of $2006.00, as provided under
the Vaccine Act, 42 U.S.C. § 300aa-15(a)(1)(B). Petitioner agrees.
C. Lost Wages
Evidence supplied by petitioner documents that Tammy Douse incurred lost wages and
employer retirement contributions related to her vaccine injury. Respondent proffers that
petitioner should be awarded lost wages (after an offset for taxes) and retirement contributions in
the amount of $6,795.00, as provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(3)(A).
Petitioner agrees.
II. Form of the Award
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respondent recommends that the compensation provided to Tammy Douse should be made
through a lump sum payment as described below and requests that the Chief Special Master’s
decision and the Court’s judgment award the following1: a lump sum payment of $158,801.00,
representing compensation for pain and suffering ($150,000.00), past unreimbursable expenses
($2006.00), and lost wages ($6,795.00), in the form of a check payable to petitioner, Tammy
Douse.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Tammy Douse: $158,801.00
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 lost earnings
and future pain and suffering.
2

Case 1:17-vv-00771-UNJ Document 40 Filed 05/31/18 Page 5 of 5
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/ Julia M. Collison
JULIA M. COLLISON
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Ben Franklin Station
Washington, DC 20044-0146
Tel: (202) 305-0102
Dated: March 22, 2018
3