Farrell v. Secretary of Health and Human Services
CourtUnited States Court of Federal Claims
Date FiledSeptember 18, 2026
Docket19-0301V
JudgeChristian J. Moran
StatusPublished
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Full Opinion
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
*********************
RYAN FARRELL, *
* No. 19-301V
* Special Master Christian J. Moran
Petitioner, *
v. *
* Filed: August 26, 2026
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*********************
Leah VaSahnja Durant and Glenn MacLeod, Law Offices of Leah V. Durant, PLLC,
Washington, D.C., for Petitioner;
Emily Hanson, United States Dep’t of Justice, Washington, D.C., for Respondent.
UNPUBLISHED DECISION AWARDING DAMAGES 1
On February 26, 2019, petitioner Ryan Farrell filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to -34 et seq. (“Vaccine
Act” or “Act”). Petitioner alleges that he suffered Neuromyelitis Optica (“NMO”) as a result of a
tetanus, diphtheria, and acellular pertussis (“Tdap”) vaccination he received on February 15,
2017. Petition at 1.
On July 29, 2025, a Published Ruling Finding Entitlement to Compensation was issued,
finding Petitioner entitled to compensation for his injury. ECF No. 137. On August 20, 2026,
Respondent filed a Proffer on Award of Compensation (“Proffer”). Respondent proffers that
Petitioner should be awarded all items of compensation set forth in the life care plan (as outlined
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), the
parties have 14 days to identify and move to redact medical or other information, the disclosure
of which would constitute an unwarranted invasion of privacy. Any changes will appear in the
document posted on the website.
in the attached Appendix A), $2,500,612.00 in past and future lost earnings, $40,000.00 in
projected pain and suffering, 2 and $335.00 in past unreimbursable expenses. Petitioner agrees
with the amounts set forth in the Proffer. 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 $2,580,431.57, representing compensation for life care
expenses, lost earnings, projected pain and suffering, and past unreimbursable
expenses, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA
account for prompt disbursement to Petitioner; and
B. An amount sufficient to purchase the annuity contract described in Section II.B
of the attached Proffer
These amounts represent compensation for all damages that would be available under
Section 15(a).
In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is
directed to enter judgment in case 19-301V according to this decision and the attached proffer. 3
Any questions regarding this order may be directed to my law clerk, Caroline Buggé, at
(202) 357-6360.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2
On October 28, 2025, a Published Decision Awarding Interim Compensation awarded
Petitioner $210,000.00 in actual pain and suffering, which compensation has been paid. ECF No.
154. The $40,000.00 proffered for projected pain and suffering 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).
3
Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each
party filing a notice renouncing the right to seek review by a United States Court of Federal
Claims judge.
2