# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 15

- 1053 V

Filed: December 30, 2015

Unpublished

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

SHIELA SEGER

, *

*

Petitioner, * Damages Decision B ased on Proffer;

* Influenza (“flu”) Vaccine; Shoulder Injury

* Related to Vaccine Administration

SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit

AND HUMAN SERVICES, * (“SPU”)

*

Respondent. *

*

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

Paul Brazil , Muller Brazil, LLP, Dresher, PA , for petitioner.

Ann Martin , U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

Dorsey

, Chief Special Master:

On September 21, 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”)

. Petitioner alleged that she received an influenza (“flu”)

vaccine on October 27, 2014, and thereafter suffered injuries to her left shoulder, which

were caused in fact by the flu vaccine. The case was assigned to the Sp ecial

Processing Unit of the Office of Special Masters ( “ SPU ” )

.

On December 21, 2015

, the undersigned issued a ruling on entitlement, finding

petitioner entitled to compensation for a shoulder injury related to vaccine administration

(“SIRVA”) . On December 30, 2015 , respondent filed a p roffer on a ward of

compensation (“Proffer”) indicating petitioner should be awarded $ 7 0,000.00

. Proffer at

1

. In the Proffer, respondent represented that petitioner agrees with the proffered

1 Because this unpublished decision contains a reasoned explanatio n for the action in this case, the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 the identified material fits

within this defin ition, 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 su bparagraph of 42 U.S.C. §

300aa (2012).award. Based 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 $ 7 0,000.00 in the form of a check payable to

petitioner, Shiela Seger

. Th is amount represent s 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

____________________________________ )

SHIELA SEGER, )

)

Petitioner, )

) No. 15

- 1053V

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 proffers that petitioner should be awarded

$ 70 ,0 00

. 0 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 compensation provided to petitioner should be made

through a lump sum payment of $ 70 ,000.00 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 medical

expenses, future lost earnings, and future pain and suffering.2 VINCENT J. MATANOSKI

Deputy Director

Torts Branch, Civil Division

MICHAEL P. MILMOE

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

Tel.: (202) 307

- 1815

DATED: December 30, 2015