VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01554
Package ID: USCOURTS-cofc-1_17-vv-01554
Petitioner: Frances Labonte
Filed: 2017-10-18
Decided: 2021-08-31
Vaccine: influenza
Vaccination date: 2014-10-28
Condition: Guillain-Barré Syndrome
Outcome: compensated
Award amount USD: 326800

AI-assisted case summary:
Frances Labonte, the decedent, filed a petition on October 18, 2017, alleging that the influenza vaccine she received on October 28, 2014, caused her to develop Guillain-Barré Syndrome (GBS). Her daughter, Cheryl David, was later appointed as the legal representative of the estate. The respondent filed a Rule 4(c) report conceding that the petitioner met the requirements for compensation under the Vaccine Injury Table for GBS. The respondent noted that the decedent's GBS did not cause or contribute to her death. On June 3, 2021, a Ruling on Entitlement was issued, finding the petitioner entitled to compensation for GBS and its sequelae, but not for her death. On July 26, 2021, the respondent filed a Proffer on Award of Compensation. The parties agreed to a total award of $326,800.14, comprising $225,000.00 for pain and suffering and $101,800.14 to satisfy the Massachusetts Medicaid lien. Judgment was entered on August 31, 2021.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01554-0
Date issued/filed: 2021-06-28
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/03/2021) regarding 70 Ruling on Entitlement. Signed by Special Master Herbrina Sanders. (rig) Service on parties made.
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Case 1:17-vv-01554-UNJ Document 71 Filed 06/28/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: June 3, 2021
* * * * * * * * * * * * * * * * * * * * * * * * *
CHERYL DAVID, as personal * No. 17-1554V
representative of the estate of *
FRANCES LABONTE, *
* Special Master Sanders
Petitioner, *
v. *
*
SECRETARY OF HEALTH * Ruling on Entitlement; Influenza
AND HUMAN SERVICES, * (“Flu”) Vaccine; Guillain-Barré
* Syndrome (“GBS”)
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Ronald C. Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Kyle E. Pozza, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On October 18, 2017, Frances Labonte (“the decedent”) filed a petition for compensation
under the National Vaccine Injury Compensation Program2 (“Vaccine Program” or “Program”).
42 U.S.C. § 300aa-10 to 34 (2012). The decedent alleged that the influenza (“flu”) vaccine she
received on October 28, 2014, caused her to develop Guillain-Barré Syndrome (“GBS”). Pet.at 1,
ECF No. 1.
On December 4, 2017, the decedent’s counsel filed a status report on her behalf indicating
that the decedent had passed away. ECF No. 12 at 2. I issued an order staying the case for sixty
days pending identification of a legal representative to continue the case on December 6, 2017.
ECF No. 13. Following an enlargement of time, counsel filed documentation indicating that Cheryl
David (“Petitioner”), the decedent’s daughter, had been appointed legal representative of the
decedent’s estate and filed a motion to amend the case caption. ECF Nos. 15, 17. I granted
Petitioner’s motion on March 30, 2018, and lifted the stay on April 3, 2018. ECF Nos. 18, 24.
1 This decision shall be posted 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), a party has 14 days to identify and move to delete medical or other information
that satisfies the criteria in § 300aa-12(d)(4)(B). Further, consistent with the rule requirement, a motion for redaction
must include a proposed redacted decision. If, upon review, the I agree that the identified material fits within the
requirements of that provision, such material will be deleted from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub L. No. 99-660, 100 Stat. 3755 (“the Vaccine Act” or “Act”).
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-01554-UNJ Document 71 Filed 06/28/21 Page 2 of 2
On April 13, 2018, I ordered Respondent to file a status report regarding the completeness
of Petitioner’s medical records. Scheduling Order, docketed Apr. 13, 2018. Respondent filed a
status report indicating that there were no outstanding records on July 12, 2018. ECF No. 30.
Respondent requested a sixty-day deadline to file his Rule 4(c) report but stated that “[i]n the
interim, [he was] willing to entertain a demand for damages from Petitioner. Id.
Respondent filed his Rule 4(c) report on October 23, 2018. Resp’t’s Report, ECF No. 34.
Respondent stated that Petitioner fulfilled the requirements set forth in the Vaccine Injury Table
and the Qualifications and Aids to Interpretation and recommended compensation in this case. Id.
at 1, 3. Respondent specified that “[t]he scope of damages to be awarded is limited to [the
decedent’s] GBS and its related sequelae only.” Id. at 3. He noted that “Petitioner did not allege,
nor would the current record support that [the decedent’s] GBS caused or contributed to her death.”
Id. at 3 n.1.
On October 26, 2018, I ordered Petitioner to file a status report regarding settlement
discussions by December 26, 2018. Scheduling Order, docketed Oct. 26, 2018. On March 13,
2019, Petitioner filed an amended petition alleging that the decedent’s vaccine-related “injury
substantially contributed to her death.” Am. Pet. ¶ 37, ECF No. 40. However, settlement
discussions remained ongoing and continued until January 29, 2021, when the parties filed a joint
status report indicating that Petitioner accepted Respondent’s proffer that day. ECF No. 69 at 1.
The parties stated that Petitioner was “awaiting the final Medicaid lien letter, and [R]espondent
anticipates filing the [p]roffer with the Court within thirty days thereafter.” Id.
When my chambers contacted the parties to ask about the status of the proffer, Respondent
noted that an entitlement decision had not yet been entered in this case. See Informal Comms.,
docketed May 10, 2021 and May 24, 2021. The parties requested an entitlement decision consistent
with Respondent’s concession and position that the decedent’s death was not a sequela of her GBS.
Informal Comm., docketed May 24, 2021; see also Resp’t’s Report at 3, 3 n.1.
A special master may determine whether a petitioner is entitled to compensation based
upon the record. A hearing is not required. §300aa-13; Vaccine Rule 8(d). In light of Respondent’s
concession and a review of the record, the I find that Petitioner is entitled to compensation for the
decedent’s GBS and its sequelae but not for the decedent’s death. This matter shall now proceed
to the damages phase.
IT IS SO ORDERED.
s/Herbrina D. Sanders
Herbrina D. Sanders
Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_17-vv-01554-1
Date issued/filed: 2021-08-31
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 08/11/2021) regarding 73 DECISION Stipulation/Proffer. Signed by Special Master Herbrina Sanders. (rig) Service on parties made.
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Case 1:17-vv-01554-UNJ Document 77 Filed 08/31/21 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: August 11, 2021
* * * * * * * * * * * * * * * * * * * * * * * * *
CHERYL DAVID, as personal * No. 17-1554V
representative of the estate of *
FRANCES LABONTE, *
* Special Master Sanders
Petitioner, *
v. *
*
SECRETARY OF HEALTH * Decision on Proffer; Damages; Influenza
AND HUMAN SERVICES, * (“Flu”) Vaccine; Guillain-Barré
* Syndrome (“GBS”)
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Ronald C. Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Kyle E. Pozza, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On October 18, 2017, Frances Labonte (“the decedent”) filed a petition for compensation
under the National Vaccine Injury Compensation Program2 (“Vaccine Program” or “Program”).
42 U.S.C. § 300aa-10 to 34 (2012). The decedent alleged that the influenza (“flu”) vaccine she
received on October 28, 2014, caused her to develop Guillain-Barré Syndrome (“GBS”). Pet.at 1,
ECF No. 1.
Respondent filed his Rule 4(c) report on October 23, 2018. Resp’t’s Report, ECF No. 34.
Respondent stated that Petitioner fulfilled the requirements set forth in the Vaccine Injury Table
and the Qualifications and Aids to Interpretation and recommended compensation in this case. Id.
at 1, 3. Respondent specified that “[t]he scope of damages to be awarded is limited to [the
decedent’s] GBS and its related sequelae only.” Id. at 3. He noted that “Petitioner did not allege,
1 This decision shall be posted 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), a party has 14 days to identify and move to delete
medical or other information that satisfies the criteria in § 300aa-12(d)(4)(B). Further, consistent with the
rule requirement, a motion for redaction must include a proposed redacted decision. If, upon review, the I
agree that the identified material fits within the requirements of that provision, such material will be
deleted from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub L. No. 99-660, 100 Stat. 3755 (“the Vaccine Act”
or “Act”). 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-01554-UNJ Document 77 Filed 08/31/21 Page 2 of 5
nor would the current record support that [the decedent’s] GBS caused or contributed to her death.”
Id. at 3 n.1. On June 3, 2021, I issued a Ruling on Entitlement consistent with Respondent’s Rule
4(c) report. ECF No. 70.
On July 26, 2021, Respondent filed a Proffer on Award of Compensation (“Proffer”). ECF
No. 72. 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 Proffer, attached as Appendix A, the undersigned awards
Petitioner:
A. A lump sum payment of $225,000.00 [for pain and suffering] in the form of a
check payable to [P]etitioner on behalf of the estate of [the decedent]; and
B. A lump sum payment of $101,800.14 representing compensation for
satisfaction of the Commonwealth of Massachusetts Medicaid lien, in the form
of a check payable jointly to [P]etitioner and:
Commonwealth of MA – EOHHS
ESTATE RECOVERY
P.O. Box 417819
Boston, MA 02241-7819
Petitioner agrees to endorse the check to “Commonwealth of Massachusetts –
ERU” for satisfaction of the Medicaid lien.
Id. at 2–3. The parties agree that “[t]he above amounts represent all elements of compensation to
which [P]etitioner would be entitled under 42 U.S.C. § 300aa-15(a). Id. at 2.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
court SHALL ENTER JUDGMENT herewith.3
IT IS SO ORDERED.
s/Herbrina D. Sanders
Herbrina D. Sanders
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of a notice
renouncing the right to seek review.
2

Case 1:17-vv-01554-UNJ Document 77 Filed 08/31/21 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
*************************************
CHERYL DAVID, as personal *
Representative of the Estate of *
FRANCES LABONTE, deceased, *
*
Petitioner, * No. 17-1554V
* SPECIAL MASTER
v. * HERBRINA D. SANDERS
*
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*************************************
PROFFER ON AWARD OF COMPENSATION
On October 23, 2018, respondent filed a Vaccine Rule 4(c) report concluding that Frances
Labonte suffered an injury that is compensable under the National Childhood Vaccine Injury Act
of 1986, as amended, 42 U.S.C. §§ 300aa-10 to -34, that is, Guillain-Barré syndrome (“GBS”),
as defined in the Vaccine Injury Table.1 Accordingly, on June 3, 2021, the Special Master issued
a Ruling on Entitlement.
I. Compensation for Vaccine Injury-Related Items
A. Pain and Suffering
Based upon the evidence of record, respondent proffers that petitioner, as representative of
the estate of Frances Labonte, should be awarded a lump sum of $225,000.00 for pain and
suffering, in the form of a check payable to petitioner. Petitioner agrees.
1 Respondent noted that the scope of damages was limited to Ms. Labonte’s GBS and related
sequela only, i.e. petitioner’s original petition did not allege, nor does the record support, that
Ms. Labonte’s GBS caused or contributed to her death. See Ruling on Entitlement, ECF No. 70.

Case 1:17-vv-01554-UNJ Document 77 Filed 08/31/21 Page 4 of 5
B. Medicaid Lien
Respondent proffers that petitioner should be awarded funds to satisfy the
Commonwealth of Massachusetts Medicaid lien in the amount of $101,800.14, which represents
full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the
Commonwealth of Massachusetts may have against any individual as a result of any Medicaid
payments the Commonwealth of Massachusetts has made to or on behalf of Frances Labonte
from the date of her eligibility for benefits through the date of judgment in this case as a result of
her alleged vaccine-related injury suffered on or about November 13, 2014, under Title XIX of
the Social Security Act.
The above amounts represent 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 compensation provided to petitioner should be made through
two lump sum payments described below, and request that the Special Master’s decision and the
Court’s judgment award the following: 2
A. A lump sum payment of $225,000.00 in the form of a check payable to petitioner on
behalf of the estate of Frances Labonte; and
B. A lump sum payment of $101,800.14, representing compensation for satisfaction of
the Commonwealth of Massachusetts Medicaid lien, in the form of a check payable
jointly to petitioner and:
Commonwealth of MA – EOHHS
ESTATE RECOVERY
P.O. Box 417819
Boston, MA 02241-7819
Petitioner agrees to endorse the check to “Commonwealth of Massachusetts – ERU” for
2 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court
for appropriate relief.
2

Case 1:17-vv-01554-UNJ Document 77 Filed 08/31/21 Page 5 of 5
satisfaction of the Medicaid lien.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
BRIAN M. BOYNTON
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
/s/ Kyle E. Pozza_____________
KYLE E. POZZA
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) 616-3661
E-mail: Kyle.Pozza@usdoj.gov
Date: July 26, 2021
3