Judges: Brian H. Corcoran
Filed: Sep. 21, 2020
Latest Update: Sep. 22, 2020
Summary: In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1372V UNPUBLISHED KARLEEN WITT, Chief Special Master Corcoran Petitioner, Filed: August 19, 2020 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Damages Decision Based on Proffer; HUMAN SERVICES, Influenza (Flu) Vaccine; Guillain- Barre Syndrome (GBS) Respondent. Randall G. Knutson, Knutson & Casey Law Firm, Mankato, MN, for Petitioner. Voris Edward Johnson, U.S. Department of Justice, Washington, DC, for Res
Summary: In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1372V UNPUBLISHED KARLEEN WITT, Chief Special Master Corcoran Petitioner, Filed: August 19, 2020 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Damages Decision Based on Proffer; HUMAN SERVICES, Influenza (Flu) Vaccine; Guillain- Barre Syndrome (GBS) Respondent. Randall G. Knutson, Knutson & Casey Law Firm, Mankato, MN, for Petitioner. Voris Edward Johnson, U.S. Department of Justice, Washington, DC, for Resp..
More
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1372V
UNPUBLISHED
KARLEEN WITT, Chief Special Master Corcoran
Petitioner, Filed: August 19, 2020
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Influenza (Flu) Vaccine; Guillain-
Barre Syndrome (GBS)
Respondent.
Randall G. Knutson, Knutson & Casey Law Firm, Mankato, MN, for Petitioner.
Voris Edward Johnson, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On September 10, 2019, Karleen Witt filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”). Petitioner alleges that she suffered Guillain-Barré syndrome (“GBS”) as a
result of an influenza (“flu”) vaccine she received on November 7, 2016. Petition at 1.
Petitioner further alleges that she suffered the residual effects of her injury for more than
six months. Petition at 4. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On June 29, 2020, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for GBS. On August 19, 2020, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded a lump sum of
$80,078.00 (consisting of $80,000.00 for pain and suffering and $78.00 in past
unreimbursed expenses), and a lump sum of $61,040.57 for satisfaction of a Medicaid
1
Because this unpublished decision contains a reasoned explanation for the action in this case, I am
required to post it on the United States Court of Federal Claims' website in accordance with the E-
Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic
Government Services). This means the decision will be available to anyone with access to the
internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact
medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy.
If, upon review, I agree that the identified material fits within this definition, I will redact such material from
public access.
2
National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease
of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa
(2012).
lien. Proffer at 1. 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:
(1) A lump sum payment of $80,078.00 (consisting of $80,000.00 for pain and
suffering and $78.00 in past unreimbursed expenses) in the form of a check
payable to Petitioner, and
(2) A lump sum payment of $61,040.57, in the form of a check made payable
jointly to Petitioner and:
HealthPartners
Mail Stop 21114a
P.O. Box 1309
Minneapolis, MN 55440-1309
Attn: Christopher A. Seipel, Subrogation Recoveries Manager
Re: Karleen Witt, Case No. 20201834
These amounts represent compensation for all damages that would be available
under § 15(a). The clerk of the court is directed to enter judgment in accordance with this
decision.3
IT IS SO ORDERED.
s/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
__________________________________________
)
KARLEEN WITT, )
)
Petitioner, )
) No. 19-1372V (ECF)
v. ) Chief Special Master Corcoran
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
__________________________________________)
RESPONDENT’S PROFFER ON AWARD OF DAMAGES
On June 29, 2020, respondent, the Secretary of Health and Human Services, filed his
Rule 4(c) Report conceding entitlement to compensation in this matter alleging the Table injury
Guillain-Barré syndrome (“GBS”) following an influenza vaccination. The same day, the Court
entered its Ruling on Entitlement, finding petitioner Karleen Witt entitled to Vaccine Act
compensation. Respondent now proffers that petitioner receive a compensation award consisting
of a lump sum of $80,078.00, consisting of $80,000.00 for pain and suffering and $78.00 in past
unreimbursed expenses, in the form of a check payable to petitioner, Karleen Witt, 1 plus
satisfaction of a Medicaid lien in the amount of $61,040.57, in the form of a check made payable
jointly to petitioner 2 and:
HealthPartners
Mail Stop 21114a
P.O. Box 1309
Minneapolis, MN 55440-1309
Attn: Christopher A. Seipel, Subrogation Recoveries Manager
Re: Karleen Witt, Case No. 20201834
1
Petitioner is a competent adult. No guardianship is required.
2
Petitioner agrees to endorse this check over to HealthPartners.
These amounts represent compensation for all elements of compensation under 42 U.S.C.
§ 300aa-15(a) to which petitioner is entitled. 3
Petitioner agrees with the proffered award of $80,078.00, plus satisfaction of the
Medicaid lien in the amount of $61,040.57. 4
Respectfully submitted,
ETHAN P. DAVIS
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
s/Voris E. Johnson, Jr.
VORIS E. JOHNSON, JR.
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Ben Franklin Station
Washington, D.C. 20044-0146
Direct dial: (202) 616-4136
Dated: August 19, 2020
3
Should petitioner die prior to entry of judgment, respondent would oppose any award for
future medical expenses, future lost earnings, and future pain and suffering, and the parties
reserve the right to move the Court for appropriate relief.
4
This proffer does not include any award for attorneys’ fees and costs that may be awarded
pursuant to 42 U.S.C. § 300aa-15(e).
2
