# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 18

- 1078 V

UNPUBLISHED

MI CHAL AARONSON

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: January 3, 2020

Special Processing Unit (SPU);

Damages Decision Based on Proffer;

Influenza (Flu) Vaccine; Shoulder

Injury Related to Vaccine

Administration (SIRVA)

Shealene Priscilla Mancuso, Muller Brazil, LLP, Dresher, PA , for petitioner.

Colleen Clemons Hartley , U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

On July 24, 2018

, Michal Aaronson 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 a shoulder injury related to vaccine

administration ( “ S IRVA ” ) as a result of an influenza ( “ flu ” ) vaccine administered on

October 6, 2016

. Petition at 1 . The case was assigned to the Special Processing Unit

of the Office of Special Masters.

On December 27, 2019

, a ruling on entitlement was issued , finding P etitioner

entitled to compensation for her SIRVA . On January 2, 2020

, R espondent filed a p roffer

on a ward of compensation (“Proffer”) indicating P etitioner should be awarded

$ 65,000.00

. Proffer at 1

. In the Proffer, R espondent represented that P etitioner agrees

1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I am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 Ru le 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).2

with the proffered award. Id. Based on the record as a whole, I find that P etitioner is

entitled to an award as stated in the Proffer.

Pursuant to the terms stated in the attached Proffer, I award P etitioner a lump

sum payment of $ 65,000.00 in the form of a check payable to P etitioner

. This

amount represents compensation for all damages that w ould 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.1 IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

MICHAL AARONSON

,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN

SERVICES,

Respondent. )

)

)

)

)

)

)

)

)

)

)

) No . 1 8

- 1078 V

Chief Special Master Corcoran

ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On July 24 , 2018

, Michal Aaronson (“petitioner”) filed a petition for vaccine injury

compensation al leging that s he suffered a suffered a shoulder injury related to vaccine

administration (“SIRVA”) as result of an influenza (“flu”) vaccine administered on October 6,

2016. On December 23 , 2019 , respondent conceded that entitlement to compensation was

appropriate under the terms o f the V accine Act. On December 27 , 2019

, Chief Special Master

Corcoran issued a Ruling on Entitlement finding that petitioner was entitled to compensation

.

I. Items of Compensation

Based upon the evidence of record, respondent proffers that petitioner should be awarded

$65

, 000.00 in pain and suffering damages

, which represents 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

Respondent recommends th at the compensation provided to petitioner be made through a2 lump sum payment of $ 65,000.00 in the form of a check payable to petitioner

. 1 Petitioner

agrees.

Petitioner is a competent adult. Evidence of guardianship is not required in this case.

Respectfully submitted,

JOSEPH H. HUNT

Assistant Attorney General

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division

CATHARINE E. REEVES

Deputy Director

Torts Branch, Civil Division

HEATHER L. PEARLMAN

Assistant Director

Torts Branch, Civil Division

/s/ Colleen C. Hartley

COLLEEN C. HARTLEY

Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

Benjamin Franklin Station

Washington, D.C. 20044

- 0146

Phone: (202) 616

- 3644

Fax: (202) 353

- 2988

DATED: January 2 , 2020

1 Should petitioner die prior to the entry of judgment, respondent reserves the right to move the

Court for appropriate relief. In particular, respondent would oppose any award for future

medical expenses, future pain and suffering, and future lost wages.