# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 15

- 751 V

Filed: November 5, 2015

UNPUBLISHED

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

ALLISON HOLLAND

, *

*

Petitioner, * Damages Decision B ased on Proffer;

* Quadri valent Influenza Vaccine;

* Shoulder Injury Related to

SECRETARY OF HEALTH * Vaccine Administration (SIRVA);

AND HUMAN SERVICES, * Special Processing Unit (“SPU”)

*

Respondent. *

*

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

Nicholas Bunch, White, Getgey & & Meyer, Cincinnati, OH

, for petitioner.

Ann Martin , U

. S

. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

Dorsey

, Chief Special Master:

On July 17, 2015

, 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” or “Program”]. Peti tioner alleges that she suffered a shoulder injury related to

vaccine administration (“SIRVA”) resultin g from the quadri valent influenza vaccination

she received on October 1, 2014. Petit ion at 1

. The case was assigned to the Special

Processing Unit of the Office of Special Masters.

On October 20, 2015

, the undersigned issued a ruling on entitlement in favor of

petitioner . On November 4, 2015 , respondent filed a p roffer on a ward of compensation

[“Proffer”] stating that petitioner should be awarded a lump sum in the amount of

$ 7 4

, 046.40

. Proffer at 2

. In the Proffer, respondent represented that petitioner agrees

with the proffered award. Based on the record as a whole, the undersigned finds that

petitioner is entitled to an award as stated in the Proffer.

1 Because this unpublished decision contains a reasoned explanatio n for the action in this case, the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, Pub. L. No. 107

- 347, § 205, 116 Stat. 2899, 2913 (codified as amende d

at 44 U.S.C. § 3501 note (2006 )) . 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 t he identified 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 subpara graph of 42 U.S.C. §

300aa (2012 ).2

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

petitioner a lump sum payment of $ 7 4 ,046.40 in the form of a check payable to

petitioner, Allison Holland

. Th is amount represent s compensation for all damages

that would be available under § 300aa

- 15(a).

T he 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.IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

____________________________________ )

ALLISON HOLLAND, )

)

Petitioner, )

) No. 15

- 751V

v. ) Chief Special Master Dorsey

) ECF

SECRETARY OF HEALTH AND )

HUMAN SERVICES, )

)

Respondent. )

____________________________________)

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Items of Compensation

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

$ 74 ,0 46

. 4 0, which represents all elements of compensation to which petitioner would be entitled

under 42 U.S.C. § 300aa

- 15(a). 1 Petitioner agrees.

II. Form of the Award

The parties recommend that the compensatio n provided to petitioner should be made

through a lump sum payment of $ 74,04 6 .40 in the form of a check payable to petitioner.

Petitioner agrees.

Respectfully submitted,

BENJAMIN C. MIZER

Principal Deputy Assistant Attorney General

RUPA BHATTACHARYYA

Director

Torts Branch, Civil Division

1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court

for appropriate relief. In particular, respondent would oppo se any award for future pain and

suffering

. Case 1:15-vv-00751-UNJ Document 16 Filed 11/04/15 Page 1 of 2VINCENT J. MATANOSKI

Deputy Director

Torts Branch, Civil Division

GLENN A. MACLEOD

Senior Trial Counsel

Torts Branch, Civil Division

s/ ANN D. MARTIN

ANN D. MARTIN

Senior Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

Benjamin Franklin Station

Washington, D.C. 20044

- 0146

DATED: November 4, 2015 Case 1:15-vv-00751-UNJ Document 16 Filed 11/04/15 Page 2 of 2