VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-02065 Package ID: USCOURTS-cofc-1_21-vv-02065 Petitioner: Altoya Felder-Deas Filed: 2023-03-28 Decided: 2023-04-28 Vaccine: influenza Vaccination date: 2019-10-30 Condition: Guillain-Barre Syndrome (GBS) Outcome: entitlement_granted_pending_damages Award amount USD: AI-assisted case summary: Altoya Felder-Deas filed a petition for compensation under the National Vaccine Injury Compensation Program on March 28, 2023, alleging she suffered from Guillain-Barre Syndrome (GBS) as a result of an influenza vaccination received on October 30, 2019. She further alleged that her injuries lasted longer than six months. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Felder-Deas is entitled to compensation. The respondent stated that the Division of Injury Compensation Programs concluded that her claim meets the Table criteria for GBS, which provides a presumption of causation if GBS onset occurs within three and forty-two days after a seasonal flu vaccination. The respondent also agreed that Ms. Felder-Deas met all statutory requirements for compensation. Based on the respondent's concession and the evidence, the Chief Special Master found that Ms. Felder-Deas is entitled to compensation, and the case was ordered to proceed to damages. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-02065-0 Date issued/filed: 2023-04-28 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 03/28/2023) regarding 25 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-02065-UNJ Document 27 Filed 04/28/23 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-2065V UNPUBLISHED ALTOYA FELDER-DEAS, Chief Special Master Corcoran Petitioner, Filed: March 28, 2023 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on Entitlement; Concession; HUMAN SERVICES, Table Injury; Influenza (Flu) Vaccine; Guillain-Barre Syndrome (GBS) Respondent. Alison H. Haskins, Maglio Christopher & Toale, PA, Sarasota, FL, for Petitioner. Martin Conway Galvin, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On October 26, 2021, Altoya Felder-Deas 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-Barre Syndrome (“GBS”) as a result of an influenza vaccination she received on October 30, 2019. Petition at ¶¶ 1, 22-23. Petitioner further alleges that her injuries have lasted longer than six months. Petition at ¶24. The case was assigned to the Special Processing Unit of the Office of Special Masters. On March 27, 2023, 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 “DICP has concluded that Petitioner’s claim meets 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Case 1:21-vv-02065-UNJ Document 27 Filed 04/28/23 Page 2 of 2 the Table criteria for GBS, which afford a petitioner a presumption of causation if the onset of GBS occurs within three and forty-two days after a seasonal flu vaccination.” Id. at 14. Respondent further agrees that Petitioner has met all statutory requirements for compensation. Id. at 15. 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_21-vv-02065-1 Date issued/filed: 2025-01-13 Pages: 10 Docket text: PUBLIC DECISION (Originally filed: 12/18/2024) regarding 60 DECISION Proffer. Signed by Special Master Mindy Michaels Roth. (msg) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-02065-UNJ Document 64 Filed 01/13/25 Page 1 of 10 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-2065V Filed: December 18, 2024 * * * * * * * * * * * * * * * ALTOYA FELDER-DEAS, * * Petitioner, * v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * Diana Stadelnikas, Esq., MCTLaw, Sarasota, FL, for petitioner. Joseph Leavitt, Esq., U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 Roth, Special Master: On October 26, 2021, Altoya Felder-Deas (“petitioner”) filed a petition for compensation under the National Vaccine Injury Compensation Program,2 alleging that she suffered Guillain- Barré Syndrome (“GBS”) as a result of the influenza (“flu”) vaccine she received on October 30, 2019. See Petition, ECF No. 1. On March 27, 2023, respondent filed his Rule 4(c) Report, conceding that petitioner’s claim met the Table criteria for GBS. Respondent’s Report, ECF No. 23. Accordingly, on March 28, 2023, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 25. Thereafter, the matter proceeded to the damages and was reassigned to the undersigned on June 21, 2023. ECF No. 33. 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 (1986). Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). 1 Case 1:21-vv-02065-UNJ Document 64 Filed 01/13/25 Page 2 of 10 On December 18, 2024, respondent filed a proffer agreeing to issue the following payment: A. A lump sum payment of $832,779.17, representing compensation for life care expenses expected to be incurred during the first year after judgment ($94,051.34), lost earnings ($359,018.53), pain and suffering ($250,000.00), and past unreimbursable expenses ($129,709.30), in the form of a check payable to petitioner, Altoya Felder-Deas; and B. An amount sufficient to purchase the annuity contract described in Section II.B of the proffer. Proffer, ECF No. 59. 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 1:21-vv-02065-UNJ Document 64 Filed 01/13/25 Page 3 of 10 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) ALTOYA FELDER-DEAS, ) ) Petitioner, ) ) No. 21-2065V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND HUMAN ) SERVICES, ) ) Respondent. ) ) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On October 26, 2021, Altoya Felder-Deas (“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 30, 2019. Petition at 1 (ECF No. 1). On March 27, 2023, the Secretary of Health and Human Services (“respondent”) filed his Rule 4(c) Report conceding that petitioner’s claim meets the Table criteria for GBS, which afford a petitioner a presumption of causation if the onset of GBS occurs within three and forty-two days after a seasonal flu vaccination. Respondent’s Report (ECF No. 23). Accordingly, on March 28, 2023, the Chief Special Master issued a Ruling on Entitlement, finding that petitioner is entitled to vaccine compensation for GBS following the influenza vaccine she received on October 30, 2019. ECF No. 27. 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, Lynne Trautwein, MSN, BSN, RN, CMAC, CNLCP, to Case 1:21-vv-02065-UNJ Document 64 Filed 01/13/25 Page 4 of 10 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 Altoya Felder- Deas, 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. Lost Earnings The parties agree that based upon the evidence of record, Altoya Felder-Deas 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 Altoya Felder-Deas’s past and future lost earnings is $359,018.53. Petitioner agrees. C. 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. 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 1:21-vv-02065-UNJ Document 64 Filed 01/13/25 Page 5 of 10 D. 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 $129,709.30. 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 Chief Special Master’s decision and the Court’s judgment award the following:2 A. A lump sum payment of $832,779.17, representing compensation for life care expenses expected to be incurred during the first year after judgment ($94,051.34), lost earnings ($359,018.53), pain and suffering ($250,000.00), and past unreimbursable expenses ($129,709.30) in the form of a check payable to petitioner, Altoya Felder-Deas. B. 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, 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 3 Case 1:21-vv-02065-UNJ Document 64 Filed 01/13/25 Page 6 of 10 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, Altoya Felder-Deas, 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. 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 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 1:21-vv-02065-UNJ Document 64 Filed 01/13/25 Page 7 of 10 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 he, Altoya Felder-Deas, 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 Altoya Felder-Deas’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, Altoya Felder-Deas: $832,779.17 B. An amount sufficient to purchase the annuity contract described above in section II.B. 5 Case 1:21-vv-02065-UNJ Document 64 Filed 01/13/25 Page 8 of 10 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 JULIA M. COLLISON Assistant Director Torts Branch, Civil Division s/Joseph Leavitt JOSEPH LEAVITT 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) 616-0515 E: joseph.leavitt@usdoj.gov Dated: December 18, 2024 6 Case 1:21-vv-02065-UNJ Document 64 Filed 01/13/25 Page 9 of 10 Appendix A: Items of Compensation for Altoya Felder-Deas Page 1 of 2 Lump Sum Compensation Compensation Compensation Compensation Compensation ITEMS OF COMPENSATION G.R. * M Year 1 Year 2 Year 3 Year 4 Years 5-Life 2024 2025 2026 2027 2028-Life Medicare Part B Premium 5% 2,096.40 Medicare Advantage Maximum Out of Pocket 5% 7,900.00 Medicare Supplement G Premium 5% M 1,488.00 1,488.00 1,488.00 1,488.00 Medicare Part B Deductible 5% 240.00 240.00 240.00 240.00 Medicare Part D 5% M 1,973.32 1,973.32 1,973.32 1,973.32 Neurology 5% * Pain Management 5% * Urology 5% * Pulmonology 5% * Nephrology 5% * Counseling 4% * Case Management 4% M 2,580.00 1,290.00 1,290.00 1,290.00 1,290.00 Lyrica 5% * Tramadol 5% * Colace 4% 170.34 170.34 170.34 170.34 170.34 Fleet Enema 4% 452.60 452.60 452.60 452.60 452.60 Duloxetine 4% * Gentramycin 4% * Physical Therapy 4% * Physical Therapy Evaluation 4% * Electric Wheelchair 4% * Electric Wheelchair Maintenance 4% * Manual Wheelchair 4% 600.00 60.00 60.00 60.00 60.00 Shower Wheelchair/Bedside Commode 4% 204.00 20.40 20.40 20.40 20.40 Adjustable Bed 4% * Hospital Bedside Table 4% 53.00 10.60 Lift Chair 4% * 80.00 80.00 80.00 80.00 80.00 Walker 4% 13.00 13.00 13.00 13.00 13.00 Leg Braces 4% * Adaptive Devices 4% 200.00 100.00 100.00 100.00 100.00 Hoyer Lift 4% * Case 1:21-vv-02065-UNJ Document 64 Filed 01/13/25 Page 10 of 10 Appendix A: Items of Compensation for Altoya Felder-Deas Page 2 of 2 Lump Sum Compensation Compensation Compensation Compensation Compensation ITEMS OF COMPENSATION G.R. * M Year 1 Year 2 Year 3 Year 4 Years 5-Life 2024 2025 2026 2027 2028-Life Slings 4% 122.00 122.00 122.00 122.00 122.00 Hoyer Lift Maintenance 4% * Medical Alert 4% 372.00 372.00 372.00 372.00 372.00 Washable Incontinence Pads 4% 90.00 90.00 90.00 90.00 90.00 Wipes 4% 255.00 255.00 255.00 255.00 255.00 Bed Pan 4% 36.00 36.00 36.00 36.00 36.00 Personal Care Attendant 4% M 40,880.00 40,880.00 40,880.00 40,880.00 40,880.00 Wheelchair Accessible Van 4% 38,000.00 3,800.00 3,800.00 3,800.00 3,800.00 Lost Earnings 359,018.53 Pain and Suffering 250,000.00 Past Unreimbursable Expenses 129,709.30 Annual Totals 832,779.17 51,442.66 51,442.66 51,495.66 51,453.26 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 ($94,051.34), lost earnings ($359,018.53), pain and suffering ($250,000.00), and past unreimbursable expenses ($129,709.30): $832,779.17. 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_21-vv-02065-cl-extra-10779308 Date issued/filed: 2025-01-13 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10312720 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-2065V Filed: December 18, 2024 * * * * * * * * * * * * * * * ALTOYA FELDER-DEAS, * * Petitioner, * v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * Diana Stadelnikas, Esq., MCTLaw, Sarasota, FL, for petitioner. Joseph Leavitt, Esq., U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 Roth, Special Master: On October 26, 2021, Altoya Felder-Deas (“petitioner”) filed a petition for compensation under the National Vaccine Injury Compensation Program,2 alleging that she suffered Guillain- Barré Syndrome (“GBS”) as a result of the influenza (“flu”) vaccine she received on October 30, 2019. See Petition, ECF No. 1. On March 27, 2023, respondent filed his Rule 4(c) Report, conceding that petitioner’s claim met the Table criteria for GBS. Respondent’s Report, ECF No. 23. Accordingly, on March 28, 2023, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 25. Thereafter, the matter proceeded to the damages and was reassigned to the undersigned on June 21, 2023. ECF No. 33. 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 (1986). Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). 1 On December 18, 2024, respondent filed a proffer agreeing to issue the following payment: A. A lump sum payment of $832,779.17, representing compensation for life care expenses expected to be incurred during the first year after judgment ($94,051.34), lost earnings ($359,018.53), pain and suffering ($250,000.00), and past unreimbursable expenses ($129,709.30), in the form of a check payable to petitioner, Altoya Felder-Deas; and B. An amount sufficient to purchase the annuity contract described in Section II.B of the proffer. Proffer, ECF No. 59. 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 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) ALTOYA FELDER-DEAS, ) ) Petitioner, ) ) No. 21-2065V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND HUMAN ) SERVICES, ) ) Respondent. ) ) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On October 26, 2021, Altoya Felder-Deas (“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 30, 2019. Petition at 1 (ECF No. 1). On March 27, 2023, the Secretary of Health and Human Services (“respondent”) filed his Rule 4(c) Report conceding that petitioner’s claim meets the Table criteria for GBS, which afford a petitioner a presumption of causation if the onset of GBS occurs within three and forty-two days after a seasonal flu vaccination. Respondent’s Report (ECF No. 23). Accordingly, on March 28, 2023, the Chief Special Master issued a Ruling on Entitlement, finding that petitioner is entitled to vaccine compensation for GBS following the influenza vaccine she received on October 30, 2019. ECF No. 27. 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, Lynne Trautwein, MSN, BSN, RN, CMAC, CNLCP, 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 Altoya Felder- Deas, 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. Lost Earnings The parties agree that based upon the evidence of record, Altoya Felder-Deas 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 Altoya Felder-Deas’s past and future lost earnings is $359,018.53. Petitioner agrees. C. 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. 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 D. 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 $129,709.30. 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 Chief Special Master’s decision and the Court’s judgment award the following:2 A. A lump sum payment of $832,779.17, representing compensation for life care expenses expected to be incurred during the first year after judgment ($94,051.34), lost earnings ($359,018.53), pain and suffering ($250,000.00), and past unreimbursable expenses ($129,709.30) in the form of a check payable to petitioner, Altoya Felder-Deas. B. 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, 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 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, Altoya Felder-Deas, 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. 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 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 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 he, Altoya Felder-Deas, 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 Altoya Felder-Deas’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, Altoya Felder-Deas: $832,779.17 B. An amount sufficient to purchase the annuity contract described above in section II.B. 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 JULIA M. COLLISON Assistant Director Torts Branch, Civil Division s/Joseph Leavitt JOSEPH LEAVITT 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) 616-0515 E: joseph.leavitt@usdoj.gov Dated: December 18, 2024 6 Appendix A: Items of Compensation for Altoya Felder-Deas Page 1 of 2 Lump Sum Compensation Compensation Compensation Compensation Compensation ITEMS OF COMPENSATION G.R. * M Year 1 Year 2 Year 3 Year 4 Years 5-Life 2024 2025 2026 2027 2028-Life Medicare Part B Premium 5% 2,096.40 Medicare Advantage Maximum Out of Pocket 5% 7,900.00 Medicare Supplement G Premium 5% M 1,488.00 1,488.00 1,488.00 1,488.00 Medicare Part B Deductible 5% 240.00 240.00 240.00 240.00 Medicare Part D 5% M 1,973.32 1,973.32 1,973.32 1,973.32 Neurology 5% * Pain Management 5% * Urology 5% * Pulmonology 5% * Nephrology 5% * Counseling 4% * Case Management 4% M 2,580.00 1,290.00 1,290.00 1,290.00 1,290.00 Lyrica 5% * Tramadol 5% * Colace 4% 170.34 170.34 170.34 170.34 170.34 Fleet Enema 4% 452.60 452.60 452.60 452.60 452.60 Duloxetine 4% * Gentramycin 4% * Physical Therapy 4% * Physical Therapy Evaluation 4% * Electric Wheelchair 4% * Electric Wheelchair Maintenance 4% * Manual Wheelchair 4% 600.00 60.00 60.00 60.00 60.00 Shower Wheelchair/Bedside Commode 4% 204.00 20.40 20.40 20.40 20.40 Adjustable Bed 4% * Hospital Bedside Table 4% 53.00 10.60 Lift Chair 4% * 80.00 80.00 80.00 80.00 80.00 Walker 4% 13.00 13.00 13.00 13.00 13.00 Leg Braces 4% * Adaptive Devices 4% 200.00 100.00 100.00 100.00 100.00 Hoyer Lift 4% * Appendix A: Items of Compensation for Altoya Felder-Deas Page 2 of 2 Lump Sum Compensation Compensation Compensation Compensation Compensation ITEMS OF COMPENSATION G.R. * M Year 1 Year 2 Year 3 Year 4 Years 5-Life 2024 2025 2026 2027 2028-Life Slings 4% 122.00 122.00 122.00 122.00 122.00 Hoyer Lift Maintenance 4% * Medical Alert 4% 372.00 372.00 372.00 372.00 372.00 Washable Incontinence Pads 4% 90.00 90.00 90.00 90.00 90.00 Wipes 4% 255.00 255.00 255.00 255.00 255.00 Bed Pan 4% 36.00 36.00 36.00 36.00 36.00 Personal Care Attendant 4% M 40,880.00 40,880.00 40,880.00 40,880.00 40,880.00 Wheelchair Accessible Van 4% 38,000.00 3,800.00 3,800.00 3,800.00 3,800.00 Lost Earnings 359,018.53 Pain and Suffering 250,000.00 Past Unreimbursable Expenses 129,709.30 Annual Totals 832,779.17 51,442.66 51,442.66 51,495.66 51,453.26 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 ($94,051.34), lost earnings ($359,018.53), pain and suffering ($250,000.00), and past unreimbursable expenses ($129,709.30): $832,779.17. 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.