VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01809 Package ID: USCOURTS-cofc-1_18-vv-01809 Petitioner: Susan Little Filed: 2018-11-26 Decided: 2024-12-11 Vaccine: influenza Vaccination date: 2016-10-03 Condition: Guillain-Barre syndrome (GBS) Outcome: compensated Award amount USD: 295529 AI-assisted case summary: On November 26, 2018, Susan Little filed a petition seeking compensation under the National Vaccine Injury Compensation Program, alleging that she developed Guillain-Barre syndrome (GBS) after receiving an influenza vaccination on October 3, 2016. The case proceeded in the Special Processing Unit. Respondent filed a Rule 4(c) report conceding that Ms. Little satisfied the Vaccine Injury Table and Qualifications and Aids to Interpretation for influenza vaccine-associated GBS. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on January 21, 2020, finding Ms. Little entitled to compensation. The damages phase then addressed Ms. Little's ongoing vaccine-injury-related needs. Respondent retained life-care planner Laura E. Fox, MSN, BSN, RN, CNS, CLCP, and petitioner retained life-care planner Maureen Clancy, RN, BSN, CLCP. For purposes of the proffer, vaccine-related care included items such as physician care, therapies, equipment, medications, home and vehicle modifications, transportation, and case management as set out in the life-care plan. The proffer stated that annuity payments for future life-care items would be made only while Ms. Little was alive, and that she was a competent adult who did not require guardianship. On December 11, 2024, the chief special master awarded compensation based on respondent's proffer. The immediate payments totaled $295,529.49: a lump sum of $276,633.60 payable to Susan Little, consisting of $13,008.89 for first-year life-care expenses, $250,000.00 for pain and suffering, and $13,624.71 for past unreimbursable expenses; plus $18,895.89 for satisfaction of the Ohio Department of Medicaid lien. The award also included an amount sufficient to purchase the annuity contract described in the proffer for future vaccine-injury-related life-care items. A corrected attorney-fees decision was filed on March 16, 2026, awarding fees and costs separately from injury compensation. Ms. Little was represented by Ronald Craig Homer of Conway, Homer, P.C. in Boston, Massachusetts. Theory of causation field: Influenza vaccine (October 3, 2016) causing Table Guillain-Barre syndrome (GBS). COMPENSATED. Petition filed November 26, 2018. Respondent conceded Table/QAI entitlement in Rule 4(c) report; Chief SM Brian H. Corcoran granted entitlement January 21, 2020. Damages awarded December 11, 2024 based on respondent proffer. Life-care planners: Laura E. Fox for respondent and Maureen Clancy for petitioner. Immediate award $295,529.49 ($276,633.60 lump sum to Susan Little: $13,008.89 first-year life-care expenses + $250,000 pain/suffering + $13,624.71 past unreimbursable expenses; plus $18,895.89 Ohio Department of Medicaid lien) and an annuity for future vaccine-injury-related life-care items while petitioner is alive. Corrected fees decision March 16, 2026 separate from injury compensation. Attorney: Ronald Craig Homer, Conway, Homer, P.C., Boston MA. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01809-0 Date issued/filed: 2020-02-24 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 01/21/2020) regarding 28 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01809-UNJ Document 31 Filed 02/24/20 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1809V UNPUBLISHED SUSAN LITTLE, Chief Special Master Corcoran Petitioner, Filed: January 21, 2020 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on Entitlement; Uncontested; HUMAN SERVICES, Table Injury; Influenza (Flu) Vaccine; Guillain-Barre Syndrome (GBS) Respondent. Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner. Mark Kim Hellie, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 On November 26, 2018, Susan Little 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 from 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 January 21, 2020, 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 “[i]t is 1 Because this unpublished ruling 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 ruling 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. 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 1:18-vv-01809-UNJ Document 31 Filed 02/24/20 Page 2 of 2 respondent’s position that petitioner has satisfied the criteria set forth in the Vaccine Injury Table (‘Table’) and the Qualifications and Aids to Interpretation (‘QAI’).” Id. at 4. In view of Respondent’s position and the evidence of record, I find that Petitioner is entitled to compensation. IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 2 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_18-vv-01809-1 Date issued/filed: 2025-02-04 Pages: 9 Docket text: PUBLIC DECISION (Originally filed: 12/11/2024) regarding 109 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01809-UNJ Document 113 Filed 02/04/25 Page 1 of 9 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1809V SUSAN LITTLE, Chief Special Master Corcoran Petitioner, v. Filed: December 11, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner. Mark Kim Hellie, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On November 26, 2018, Susan Little 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 from 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 January 21, 2020, a ruling on entitlement was issued, finding Petitioner entitled to compensation. On December 11, 2024, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded a lump sum payment of $276,633.60, representing compensation for life care expenses expected to be incurred during the first year after judgment ($13,008.89), pain and suffering ($250,000.00), and past unreimbursable expenses ($13,624.71), a lump sum payment of $18,895.89, representing compensation for satisfaction of the Ohio Department of Medicaid lien, and 1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (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. Hereinafter, for ease of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2018). Case 1:18-vv-01809-UNJ Document 113 Filed 02/04/25 Page 2 of 9 an amount sufficient to purchase an annuity contract, subject to the conditions described in the attached Proffer. Proffer at 1-3. In the Proffer, Respondent represented that Petitioner agrees with the proffered award. Id. Based on the record as a whole, I find that Petitioner is entitled to an award as stated in the Proffer. Pursuant to the terms stated in the attached Proffer, I award Petitioner the following: A. A lump sum payment of $276,633.60, representing compensation for life care expenses expected to be incurred during the first year after judgment ($13,008.89), pain and suffering ($250,000.00), and past unreimbursable expenses ($13,624.71) in the form of a check payable to Petitioner, Susan Little. B. A lump sum payment of $18,895.89, representing compensation for satisfaction of the Ohio Department of Medicaid lien, payable jointly to Petitioner and Treasurer, State of Ohio Ohio Tort Recovery Unit 5475 Rings Road Suite 125 Dublin, OH 43017 Case Number: 1204982 Attn: Tanika Cosby Petitioner agrees to endorse this payment to Treasurer, State of Ohio. C. An amount sufficient to purchase an annuity contract, subject to the conditions described in the attached Proffer. These amounts represent compensation for all damages that would be available under Section 15(a). The Clerk of Court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran 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 1:18-vv-01809-UNJ Document 113 Filed 02/04/25 Page 3 of 9 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) SUSAN LITTLE, ) ) Petitioner, ) ) No. 18-1809V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND HUMAN ) SERVICES, ) ) Respondent. ) ) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On November 26, 2018, Susan Little (“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”), as amended, alleging that she suffered Guillain-Barré Syndrome (“GBS”) resulting from an influenza (“flu”) vaccination she received on October 3, 2016. Petition at 1 (ECF No. 1). On January 21, 2020, the Secretary of Health and Human Services (“respondent”) filed his Rule 4(c) Report conceding that petitioner has satisfied the criteria set forth in the Vaccine Injury Table (Table) and the Qualifications and Aids to Interpretation (QAI). Respondent’s Report (ECF No. 27). Accordingly, on February 24, 2020, the Special Master issued a Ruling on Entitlement, finding that petitioner is entitled to vaccine compensation for GBS following the influenza vaccine she received on November 26, 2018. ECF No. 31. I. Items of Compensation A. Life Care Items Respondent engaged life care planner Laura E. Fox, MSN, BSN, RN, CNS, CLCP, and petitioner engaged life care planner, Maureen Clancy, RN BSN CLCP, to provide an estimation of petitioner’s future vaccine-injury related needs. For the purposes of this proffer, the term Case 1:18-vv-01809-UNJ Document 113 Filed 02/04/25 Page 4 of 9 “vaccine related” is as described in the 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 Susan Little, 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.1 Petitioner agrees. B. Pain and Suffering Respondent proffers that petitioner should be awarded $250,000.00 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. C. Past Unreimbursable Expenses Evidence supplied by petitioner documents her 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 $13,624.71. Petitioner agrees. D. Medicaid Lien Respondent proffers that Susan Little should be awarded funds to satisfy a State of Ohio Medicaid lien in the amount of $18,895.89, which represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the State of Ohio may have against any individual as a result of any Medicaid payments the State of Ohio has made to or on behalf of Susan Little from the date of her eligibility for benefits through the date of judgment in this case 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 1:18-vv-01809-UNJ Document 113 Filed 02/04/25 Page 5 of 9 as a result of her vaccine-related injury suffered on or about October 3, 2016, under Title XIX of the Social Security Act. 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:2 A. A lump sum payment of $276,633.60, representing compensation for life care expenses expected to be incurred during the first year after judgment ($13,008.89), pain and suffering ($250,000.00), and past unreimbursable expenses ($13,624.71) in the form of a check payable to petitioner, Susan Little. B. A lump sum payment of $18,895.89, representing compensation for satisfaction of the Ohio Department of Medicaid lien, payable jointly to petitioner and Treasurer, State of Ohio Ohio Tort Recovery Unit 5475 Rings Road Suite 125 Dublin, OH 43017 Case Number: 1204982 Attn: Tanika Cosby Petitioner agrees to endorse this payment to Treasurer, State of Ohio. C. 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, 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. The parties further agree that the annuity payments cannot be assigned, accelerated, deferred, increased, or decreased by the parties and that no part of any annuity payments called for herein, 3 Case 1:18-vv-01809-UNJ Document 113 Filed 02/04/25 Page 6 of 9 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, Susan Little, 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 describe only the total yearly sum to be paid to petitioner and do not require that the payment be made in one annual installment. nor any assets of the United States or the annuity company, are subject to execution or any legal process for any obligation in any manner. Petitioner and petitioner’s heirs, executors, administrators, successors, and assigns do hereby agree that they have no power or right to sell, assign, mortgage, encumber, or anticipate said annuity payments, or any part thereof, by assignment or otherwise, and further agree that they will not sell, assign, mortgage, encumber, or anticipate said annuity payments, or any part thereof, by assignment or otherwise. 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. 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 1:18-vv-01809-UNJ Document 113 Filed 02/04/25 Page 7 of 9 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, Susan Little, 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 Susan Little’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, Susan Little: $ 276,633.60 B. Medicaid lien: $ 18,895.89 C. An amount sufficient to purchase the annuity contract described above in section II.C. 5 Case 1:18-vv-01809-UNJ Document 113 Filed 02/04/25 Page 8 of 9 Respectfully submitted, BRIAN M. BOYNTON Principal Deputy Assistant Attorney General C. SALVATORE D’ALESSIO Director Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division LARA A. ENGLUND Assistant Director Torts Branch, Civil Division s/Mark K. Hellie MARK K. HELLIE Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 T: (202) 616-4208 E: mark.hellie@usdoj.gov Dated: December 11, 2024 6 Case 1:18-vv-01809-UNJ Document 113 Filed 02/04/25 Page 9 of 9 Appendix A: Items of Compensation for Susan Little Page 1 of 1 Lump Sum Compensation Compensation ITEMS OF COMPENSATION G.R. * M Year 1 Years 2-Life 2024 2025-Life Neurologist 5% * 70.00 70.00 Urologist 5% * 70.00 70.00 Dentist 5% * Labs 5% * MRI 5% * 195.00 39.00 X-rays 5% * 50.00 25.00 Klonipin 5% * M 50.40 50.40 Lyrica 5% * M 108.00 108.00 Myrbetriq 5% M 800.00 800.00 Trospium Chloride 5% M 1,094.40 1,094.40 Colace 4% * Physical Therapy 4% * 480.00 160.00 Swim Therapy 4% * Cane 4% 33.75 5.63 Walker 4% * 5.07 5.07 Swivel Shower Chair 4% * Handheld Shower 4% 42.34 7.06 Raised Toilet Seat 4% 236.47 39.41 Lift Chair 4% * 879.00 Bed Rail 4% 69.99 Grooming Items 4% 150.00 50.00 Kitchen & Writing Aids 4% 150.00 30.00 Emergency Response System 4% * Incontinence Supplies 4% 724.26 724.26 Wipes 4% 243.33 243.33 Home Care 4% M 7,488.00 17,472.00 Neurologist Mileage 4% 12.60 12.60 Urologist Mileage 4% 19.32 19.32 Dentist Mileage 4% 21.84 21.84 Physical Therapy Mileage 4% 15.12 5.04 Pain and Suffering 250,000.00 Past Unreimbursable Expenses 13,624.71 Medicaid Lien 18,895.89 Annual Totals 295,529.49 21,052.36 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 ($13,008.89), pain and suffering ($250,000.00), and past unreimbursable expenses ($13,008.89): $276,633.60. As soon as practicable after entry of judgment, respondent shall make the following payment jointly to petitioner and the Treasurer, State of Ohio, as reimbursement of the state's Medicaid lien: $18,895.89. 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. ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_18-vv-01809-cl-extra-10793308 Date issued/filed: 2025-02-04 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10326720 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1809V SUSAN LITTLE, Chief Special Master Corcoran Petitioner, v. Filed: December 11, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner. Mark Kim Hellie, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On November 26, 2018, Susan Little 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 from 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 January 21, 2020, a ruling on entitlement was issued, finding Petitioner entitled to compensation. On December 11, 2024, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded a lump sum payment of $276,633.60, representing compensation for life care expenses expected to be incurred during the first year after judgment ($13,008.89), pain and suffering ($250,000.00), and past unreimbursable expenses ($13,624.71), a lump sum payment of $18,895.89, representing compensation for satisfaction of the Ohio Department of Medicaid lien, and 1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (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. Hereinafter, for ease of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2018). an amount sufficient to purchase an annuity contract, subject to the conditions described in the attached Proffer. Proffer at 1-3. In the Proffer, Respondent represented that Petitioner agrees with the proffered award. Id. Based on the record as a whole, I find that Petitioner is entitled to an award as stated in the Proffer. Pursuant to the terms stated in the attached Proffer, I award Petitioner the following: A. A lump sum payment of $276,633.60, representing compensation for life care expenses expected to be incurred during the first year after judgment ($13,008.89), pain and suffering ($250,000.00), and past unreimbursable expenses ($13,624.71) in the form of a check payable to Petitioner, Susan Little. B. A lump sum payment of $18,895.89, representing compensation for satisfaction of the Ohio Department of Medicaid lien, payable jointly to Petitioner and Treasurer, State of Ohio Ohio Tort Recovery Unit 5475 Rings Road Suite 125 Dublin, OH 43017 Case Number: 1204982 Attn: Tanika Cosby Petitioner agrees to endorse this payment to Treasurer, State of Ohio. C. An amount sufficient to purchase an annuity contract, subject to the conditions described in the attached Proffer. These amounts represent compensation for all damages that would be available under Section 15(a). The Clerk of Court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran 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 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) SUSAN LITTLE, ) ) Petitioner, ) ) No. 18-1809V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND HUMAN ) SERVICES, ) ) Respondent. ) ) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On November 26, 2018, Susan Little (“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”), as amended, alleging that she suffered Guillain-Barré Syndrome (“GBS”) resulting from an influenza (“flu”) vaccination she received on October 3, 2016. Petition at 1 (ECF No. 1). On January 21, 2020, the Secretary of Health and Human Services (“respondent”) filed his Rule 4(c) Report conceding that petitioner has satisfied the criteria set forth in the Vaccine Injury Table (Table) and the Qualifications and Aids to Interpretation (QAI). Respondent’s Report (ECF No. 27). Accordingly, on February 24, 2020, the Special Master issued a Ruling on Entitlement, finding that petitioner is entitled to vaccine compensation for GBS following the influenza vaccine she received on November 26, 2018. ECF No. 31. I. Items of Compensation A. Life Care Items Respondent engaged life care planner Laura E. Fox, MSN, BSN, RN, CNS, CLCP, and petitioner engaged life care planner, Maureen Clancy, RN BSN 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 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 Susan Little, 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.1 Petitioner agrees. B. Pain and Suffering Respondent proffers that petitioner should be awarded $250,000.00 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. C. Past Unreimbursable Expenses Evidence supplied by petitioner documents her 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 $13,624.71. Petitioner agrees. D. Medicaid Lien Respondent proffers that Susan Little should be awarded funds to satisfy a State of Ohio Medicaid lien in the amount of $18,895.89, which represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the State of Ohio may have against any individual as a result of any Medicaid payments the State of Ohio has made to or on behalf of Susan Little from the date of her eligibility for benefits through the date of judgment in this case 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 as a result of her vaccine-related injury suffered on or about October 3, 2016, under Title XIX of the Social Security Act. 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:2 A. A lump sum payment of $276,633.60, representing compensation for life care expenses expected to be incurred during the first year after judgment ($13,008.89), pain and suffering ($250,000.00), and past unreimbursable expenses ($13,624.71) in the form of a check payable to petitioner, Susan Little. B. A lump sum payment of $18,895.89, representing compensation for satisfaction of the Ohio Department of Medicaid lien, payable jointly to petitioner and Treasurer, State of Ohio Ohio Tort Recovery Unit 5475 Rings Road Suite 125 Dublin, OH 43017 Case Number: 1204982 Attn: Tanika Cosby Petitioner agrees to endorse this payment to Treasurer, State of Ohio. C. 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, 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. The parties further agree that the annuity payments cannot be assigned, accelerated, deferred, increased, or decreased by the parties and that no part of any annuity payments called for herein, 3 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, Susan Little, 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 describe only the total yearly sum to be paid to petitioner and do not require that the payment be made in one annual installment. nor any assets of the United States or the annuity company, are subject to execution or any legal process for any obligation in any manner. Petitioner and petitioner’s heirs, executors, administrators, successors, and assigns do hereby agree that they have no power or right to sell, assign, mortgage, encumber, or anticipate said annuity payments, or any part thereof, by assignment or otherwise, and further agree that they will not sell, assign, mortgage, encumber, or anticipate said annuity payments, or any part thereof, by assignment or otherwise. 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. 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 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, Susan Little, 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 Susan Little’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, Susan Little: $ 276,633.60 B. Medicaid lien: $ 18,895.89 C. An amount sufficient to purchase the annuity contract described above in section II.C. 5 Respectfully submitted, BRIAN M. BOYNTON Principal Deputy Assistant Attorney General C. SALVATORE D’ALESSIO Director Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division LARA A. ENGLUND Assistant Director Torts Branch, Civil Division s/Mark K. Hellie MARK K. HELLIE Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 T: (202) 616-4208 E: mark.hellie@usdoj.gov Dated: December 11, 2024 6 Appendix A: Items of Compensation for Susan Little Page 1 of 1 Lump Sum Compensation Compensation ITEMS OF COMPENSATION G.R. * M Year 1 Years 2-Life 2024 2025-Life Neurologist 5% * 70.00 70.00 Urologist 5% * 70.00 70.00 Dentist 5% * Labs 5% * MRI 5% * 195.00 39.00 X-rays 5% * 50.00 25.00 Klonipin 5% * M 50.40 50.40 Lyrica 5% * M 108.00 108.00 Myrbetriq 5% M 800.00 800.00 Trospium Chloride 5% M 1,094.40 1,094.40 Colace 4% * Physical Therapy 4% * 480.00 160.00 Swim Therapy 4% * Cane 4% 33.75 5.63 Walker 4% * 5.07 5.07 Swivel Shower Chair 4% * Handheld Shower 4% 42.34 7.06 Raised Toilet Seat 4% 236.47 39.41 Lift Chair 4% * 879.00 Bed Rail 4% 69.99 Grooming Items 4% 150.00 50.00 Kitchen & Writing Aids 4% 150.00 30.00 Emergency Response System 4% * Incontinence Supplies 4% 724.26 724.26 Wipes 4% 243.33 243.33 Home Care 4% M 7,488.00 17,472.00 Neurologist Mileage 4% 12.60 12.60 Urologist Mileage 4% 19.32 19.32 Dentist Mileage 4% 21.84 21.84 Physical Therapy Mileage 4% 15.12 5.04 Pain and Suffering 250,000.00 Past Unreimbursable Expenses 13,624.71 Medicaid Lien 18,895.89 Annual Totals 295,529.49 21,052.36 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 ($13,008.89), pain and suffering ($250,000.00), and past unreimbursable expenses ($13,008.89): $276,633.60. As soon as practicable after entry of judgment, respondent shall make the following payment jointly to petitioner and the Treasurer, State of Ohio, as reimbursement of the state's Medicaid lien: $18,895.89. 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. ================================================================================ DOCUMENT 4: USCOURTS-cofc-1_18-vv-01809-cl-extra-11314130 Date issued/filed: 2026-04-21 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10846763 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1809V CORRECTED SUSAN LITTLE, Chief Special Master Corcoran Petitioner, v. Filed: March 16, 2026 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner. Mark Kim Hellie, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On November 26, 2018, Susan Little 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 alleged that she suffered from Guillain-Barré syndrome as a result of an influenza (“flu”) vaccine administered to her on October 3, 2016. Petition, ECF No. 1. On December 11, 2024, I issued a decision awarding compensation to Petitioner based on the Respondent’s proffer. ECF No. 109. 1Because this Decision contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (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. Hereinafter, for ease of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2018). Petitioner has now filed a motion for attorney’s fees and costs, requesting an award of $107,916.03 (representing $92,805.90 in fees plus $15,110.13 in costs). Application for Attorneys’ Fees and Costs (“Motion”) filed August 14, 2025. ECF No. 115. Furthermore, Petitioner filed a signed statement representing that she incurred $61.61 in personal out-of-pocket expenses. ECF No. 116. Respondent reacted to the motion on August 28, 2025, indicating that he is satisfied that the statutory requirements for an award of attorneys’ fees and costs are met in this case but defers resolution of the amount to be awarded to my discretion. ECF No. 117 at 2-4. Petitioner did not file a reply thereafter. I have reviewed the billing records submitted with Petitioner’s request. In my experience, the request appears reasonable, and I find no cause to reduce the requested hours or rates. Furthermore, Petitioner has provided supporting documentation for all claimed costs. ECF No. 115 at 65-100. Respondent offered no specific objection to the rates or amounts sought. I find the requested costs reasonable and hereby award them in full. The Vaccine Act permits an award of reasonable attorney’s fees and costs for successful claimants. Section 15(e). Accordingly, I hereby GRANT Petitioner’s Motion for attorney’s fees and costs. Petitioner is awarded attorneys’ fees and costs in the total amount of $107,977.64 (representing $92,805.90 in fees plus $15,110.13 in costs, plus $61.61 in Petitioner’s out-of-pocket expenses) to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement. In the absence of a timely-filed motion for review (see Appendix B to the Rules of the Court), the Clerk of Court shall enter judgment in accordance with this decision. 3 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by filing a joint notice renouncing their right to seek review. 2