# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 17-190V

Filed: January 11, 2018

UNPUBLISHED

AMBER MCATEER,

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)

Lawrence R. Cohan, Anapo l Weiss, Philadelphia, PA, for petitioner.

Christine Mary Becer, U.S. Department of Justice, Washingt on, DC, for respondent.

DECISION AWARDING DAMAGES 1

Dorsey , Chief Special Master:

On February 8, 2017, petit ioner filed a petition for compensation under the

National Vaccine Injury Compensat ion 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 (“SIRVA”) following an influenza (“flu”) vaccination on October 1, 2014.

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

Special Masters.

On September 21, 2017, a ruling on entitle ment was issued, finding petitioner

entitled to compensation for a SIRVA. On January 11, 2018, respondent filed a proffer

on award of compensation (“Proffer”) indicating petitioner should be awarded

$104,350.44 ($102,500 for pain and sufferi ng and $1,850.44 for out-of-pocket

expenses). Proffer at 1. In the Proffer, respondent r epresented that petitioner agrees

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the

undersigned intends to post it on the United States Cour t 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 inform ation, the disclosure of which would constitute an

unwarranted invasion of privacy. If, upon review, t he undersigned agrees that the 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 Ac t will be to the pertinent subparagraph of 42 U.S.C. §

300aa (2012).2 with the proffered award. Based on the reco rd as a whole, the undersigned finds that

petitioner is entitled to an awar d as stated in the Proffer.

Pursuant to the terms stat ed in the attached Proffer, the undersigned awards

petitioner a lump sum payment of $104, 350.44 ($102,500.00 for pain and suffering,

and $1,850.44 for out-of-pocket expenses) in the form of a check payable to

petitioner, Amber McAteer. This amount represents co mpensation for all damages

that would be availabl e 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 c an 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

____________________________________ )

AMBER MCATEER, )

)

Petitioner, )

) No. 17

- 190

v. ) Chief Special Master Dorsey

) ECF

SECRETARY OF HEALTH AND )

HUMAN SERVICES, )

)

Respondent. )

____________________________________)

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On S eptember 21 , 2017, respondent filed a Vaccine Rule 4(c) report concluding that

petitioner suffered an injury that is compensable under the National Childhood Vaccine Injury

Act of 1986, as amended, 42 U.S.C. §§300aa

- 10 to

- 34. Accordingly, on September 21 , 2017,

the Chief Special Master issued a Ruling on Entitlement.

I. Items of Compensation

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

$ 104,350.44 ($102,500.00 for pain and suffering and $1,850.44 for out

- of

- pocket expenses)

which represents all elements of compensation to which petitioner would be entitled under 42

U.S.C. § 300aa

- 15(a). 1 Petiti oner agrees.

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 oppose any award for future medical

e xpenses , future lost earnings, and future pain and suffering

.2 II. Form of the Award

The parties recommend that the compensation provided to petitioner should be made

through a lump sum payment of $ 104,350.44 in the form of a c heck payable to petitioner.

Petitioner agrees.

Respectfully submitted,

CHAD A. READLER

Acting Assistant Attorney General

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division

CATHARINE E. REEVES

Deputy Director

Torts Branch, Civil Division

GABRIELLE M. FIELDING

Assistant Director

Torts Branch, Civil Division

s/Christine Mary Becer

CHRISTINE MARY BECER

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

- 3665

Date: January 11, 2018