# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 16

- 1153 V

Filed: August 10, 2017

UNPUBLISHED

VIRGINIA LOVITTO

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Special Processing Unit (SPU);

Damages Decision Based on Proffer;

Influenza (Flu) Vaccine; Shoulder

Injury Related to Vaccine

Administration (SIRVA)

Amber Diane Wilson, Maglio Christopher & Toale, PA, Washington, DC, for petitioner.

Camille Michelle Collett , U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

Dorsey

, Chief Special Master:

On September 16, 2016

, p etitioner 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 s he suffered a left shoulder injury caused by her

September 23, 2014 influenza vaccination. Petition at 1. The case was assigned to the

Special Processing Unit of the Office of Special Masters.

On December 19, 2016

, a ruling on entitlement was issued, finding petitioner

entitled to compensation for a shoulder injury related to vaccine administration

(“ SIRVA ”) . On August 9, 2017, respondent filed a proffer on award of compensation

(“Proffer”) indicating petitioner should be awarded $ 147,500.00

. Proffer at 1. In the

Proffer, respondent represented that petitioner agrees with the proffered award. Based

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the

undersigned intend s 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)

. 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, the undersigned agree s that the ident ified material fits

within this definition, the undersigned 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 on the record as a whole, the undersigned finds that petitioner is entitled to an award as

stated in the Proffer.

Pursuant to the terms stated in the attached Proffer, the undersigned award s

petitioner a lump sum payment of $1 47,500.00 in the form of a check payable to

petitioner, V irginia Lovitto

. This amount represents compensation for all damages

that would be available under § 300aa

- 15(a).

The clerk of the court is directed to enter judgment in accordance with this

decision. 3

IT IS SO ORDERED.

s/Nora Beth Dorsey

Nora Beth Dorsey

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

VIRGINIA LOVITTO

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent

. No. 16

- 1153 V

Chief Special Master Nora Beth Dorsey

ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On December 16, 2016 , respondent filed a Rule 4(c) Report in which she conceded

entitlement. Respondent now proffers that petitioner receive an award of a lump sum of

$ 147,500.00 in the form of a check payable to petitioner. This amount represents compensation

for all elements of compensation under 42 U.S.C. § 300aa

- 15(a) to which petitioner is entitled. 1

This proffer does not address final attorneys’ fees and litigation costs. Pet itioner is additionally

entitled to reasonable attorneys’ fees and litigation costs, to be determined at a later date upon

petitioner submitting substantiating documentation.

Petitioner agrees with the proffered award of $ 147,500.00 as representing all e lements of

compensation under 42 U.S.C. § 300aa

- 15(a) to which petitioner is entitled.

Respectfully submitted,

CHAD A. READLER

Acting Assistant Attorney General

1 Should petitioner die prior to the entry of judgment, th e parties reserv e 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.2 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/Camille M. Collett

CAMILLE M. COLLETT

Trial Attorney

To rts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

Benjamin Franklin Station

Washington, D.C. 20044

- 0146

Telephone: (202) 616

- 4098

Dated: August 9 , 2017