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# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 13

- 787 V

Filed: March 25, 2014

Not for P ublication

*************************************

SUMMER PAOLONE

, *

*

Petitioner

, *

* Damages d ecision b ased on p roffer ;

v. * flu vaccine; brachial neuritis; frozen

* shoulder

SECRETARY OF HEALTH *
AND HUMAN SERVICES, *

* Respondent. *

*

*************************************

Lawrence R. Cohan

, Philadelphia, PA , for petitioner. Lynn E. Ric ciardella , Washington, DC, for respondent.

MILLMAN, Special Master

DECISION AWARDING DAMAGES 1

On October 10 , 2013 , petitioner filed a petition under the National Childhood Vaccine

I njury Act, 42 U.S.C. § § 300aa

– 10

– 34 (2012) , alleging that she suffered b rachial neuritis leading

to frozen shoulde r as a result of receiving influenza (“flu” ) vaccine on September 22 , 2011

. Pet.,

Oct. 10 , 2013, ECF No. 1. On January 14, 2014

, respondent filed her Rule 4(c) Report, in which she conceded that petitioner’s left shoulder injury was caused by th e September 22 , 2011, flu

vaccination , and that her injury was compensable under the Vaccine Act. Resp’t’s Rule 4(c)

1 Because this decision contains a reasoned explanation for th e special master's action in this case, t h e special master intends to post t his decision on the United States Court of Federal Claims's website, in

accordance with the E

- Government Act of 2002, Pub. L. No. 107

- 347, 116 Stat. 2899, 2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be mad e available to the public unless they contain trade secrets or commercial or financial information that is privileged and confidential, or medical or similar information whose disclosure would constitute a clearly unwarranted invasion of privacy. When suc h a decision is filed, petitioner has 14 days to identify and move to redact such information prior to the document = s disclosure. If the special master, upon review, agrees that the identified material fits within the banned categories listed above, the special master shall redact such material from public access.2

Report, Jan. 14, 2014, ECF No. 7

.

On March 25 , 2014 , respondent filed Respondent’s P roffer on Award of Compensation.

The unde rsigned finds the terms of the p roffer to be reasonable. Based on the recor d as a whole, the undersigned finds that petitioner is entitled to the award as stated in the p roffer. Pursuant to

th e terms stated in the attached p roff er, the court awards petitione r a lump sum payment of $ 120,000.00 , representing all e le ments of compensation available under 42 U.S.C. § 300aa

– 15(a). The award shall be in the form of a check made payable to petitioner in the amount of $120,000.00.

In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment herewith. 2

IT IS SO ORDERED.

Dated: March 25, 2014 /s/ Laura D. Millman

Laura D. Millman Special Master

2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party , either separately or jointly, filing a notice renouncing the right to seek review.1 IN THE UNITED STATES CO URT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

____________________________________ ) SUMMER PAOLONE, ) ) Petitioner, ) No. 13-787V ) Special Master Millman v. ) ) SECRETARY OF HEALTH AND ) HUMAN SERVICES, ) ) Respondent. ) ___________________________________ )

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Compensation for Vaccine Injury-Related Items:

Respondent proffers that, based on the evidence of record, petitioner should be

awarded $120,000.00. This amount represents a ll elements of compensation to which

petitioner would be entitled under 42 U. S.C. § 300aa-15(a)(1); §15(a)(3)(B); and

§15(a)(4). Petitioner agrees.

II. Form of the Award:

The parties recommend that the compen sation provided to Summer Paolone should

be made through a lump sum payment as desc ribed below, and request that the special

master’s decision and the Court’ s judgment award the following: 1

A. A lump sum payment of $120,000.00 in the form of a check payable to petitioner,

Summer Paolone. This amount accounts fo r all elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner would be entitled.

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

1 Should petitioner die prior to entry of judgment, the partie s reserve the right to move the Court for appropriate reli ef. In particular, responde nt would oppose any award for future medical expenses and future pain and suffering.2 Respectfully submitted,

STUART F. DELERY Assistant Attorney General

RUPA BHATTACHARYYA

Director Torts Branch, Civil Division

VINCENT J. MATANOSKI Deputy Director Torts Branch, Civil Division

GLENN A. MACLEOD

Senior Trial Counsel Torts Branch, Civil Division

s/ Lynn E. Ricciardella

LYNN E. RICCIARDELLA Senior Trial Attorney Torts Branch, Civil Division U.S. Department of Justice

P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Tel.: (202) 616-4356

DATED: March 25, 2014