# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 19

- 1974 V

UNPUBLISHED

CHRISTINA LEPRE

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: March 31, 2022

Special Processing Unit (SPU);

Damages Decision Based on Proffer;

Influenza (Flu) Vaccine ; Shoulder

Injury Related to Vaccine

Administration (SIRVA)

James M

, Merrigan , Rawson, Merrigan & Litner, LLP, B oston, MA , for Petitioner.

Kimberly Shubert Davey , U.S. Department of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES 1

On December 30, 2019

, Christina Lepre 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 she “suffered a left shoulder impingement and a

mild partial rotator cuff tea r with tendinopathy of the supraspinatus, which was ‘caused in

fact’ by her receipt of the” trivalent influenza (“flu”) vaccine on March 5, 2018 . Petition at

1, ¶ 1

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

Masters.

On August 12, 2021

, a ruling on entitlement was issued , finding P etitioner entitled

to compensation for her SIRVA . On March 31, 2022

, R espondent filed a p roffer on a ward

of compensation (“Proffer”) indicating P etitioner should be awarded $ 5 0,650.00,

representing $ 5 0,000.00 for her pas t pain and suffering and $650.00 for her past

1 Because this unpublished D ecision contains a reasoned explanation for the action in this case, I am

required 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). This means the D ecision will be available to anyone with access to the

internet. 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, I agree that the identified material f its within this definition, I 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 section references to the Vaccine Act will be to the pertinent subpara graph of 42 U.S.C. §

300aa (2012 ).2

unreimbursable expenses

. Proffer at 1

- 2

. In the Proffer, R espondent represented that

P etitioner agrees with the proffered award. Id. Based on the record as a whole, I find that

P etitioner is entitled to an award as stated in the Proffer.

Pursuant to the terms stated in the attached Proffer, I award P etitioner a lump

sum payment of $ 5 0,650.00 , representing $ 5 0,000.00 for h er actual pain and

suffering and $650.00 for h er actual unreimbursable e x p enses in the form of a

check payable to P etitioner

. This amount represents compensation for all damages that

w ould be available under Section 15 (a)

.

The Clerk of Court is directed to enter judgment in accordance with this decision. 3

IT IS SO ORDERED.

s/Brian H. Corcoran

Brian H. Corcoran

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

___________________________________ )

CHRISTINA LEPRE

, )

)

Petitioner, )

) No. 19

- 1974 V (ECF)

v. ) Chief Special Master Corcoran

)

SECRETARY OF HEALTH AND )

HUMAN SERVICES, )

)

Respondent. )

____________________________________)

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On December 30, 2019

, Christina Lepre ( “ petitioner ” ) filed a petition for compensation

under the National Childhood Vaccine Injury Act of 1986, as amended (“the Vaccine Act” or

“the Act” ), 42 U.S.C. §§ 300aa

- 1 to

- 34. Petitioner alleged that she suffered a left shoulder

impingement and a mild partial rotator cuff tear with tend inopathy of the supraspinatus, which

was “ caused in fact ” by her receipt of an influenza (“flu”) vaccine on March 5, 2018 . Petition at

1. On August 12, 2021 , the Secretary of Health and Human Services (“respondent”) filed a Rule

4(c) Report recommending that compensa tion be awarded, and the Chief Special Master issued a

Ruling on Entitlement finding petitioner entitled to compensation. ECF No s. 36, 37

.

I. Items of Compensation

A. Pain and Suffering

Respondent proffers that petitioner should be awarded $ 50,000 .00 in actual pain and

suffering. See 42 U.S.C. § 300aa

- 15(a)(4). Petitioner agrees.2 B. Past Unreimbursable Expenses

Evidence supplied by petitioner documents her expenditure for past unreimbursable

expenses related to her vaccine

- related injury. Respondent proffers that petitioner should be

awarded past unreimbursable expenses in the amount of $ 650.00 , as provided under the Vaccine

Act, 42 U.S.C. § 300aa

- 15(a)(1)(B). Petitioner agrees.

II. Form of the Award

Petitioner is a c ompetent adult. Evidence of guardianship is not required in this case.

Respondent recommends that the compensation provided to petitioner should be made through a

lump sum payment as described below and requests that the Chief Special Master’s decision a nd

the Court’ s judgment award the following: a lump sum payment of $ 50,650.00 , representing

compensation for actual pain and suffering ($50,000.00) and past unreimbursable expenses

($650.00) in the form of a check payable to petitioner, Christina Lepre . P etitioner agrees.

III. Summary of Recommended Payments Following Judgment

Lump sum payable to petitioner, Christina Lepre : $ 50,650.00

Respectfully submitted,

BRIAN M. BOYNTON

Principal Deputy Assistant Attorney General

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division

HEATHER L. PEARLMAN

Deputy Director

Torts Branch, Civil Division

ALEXIS B. BABCOCK

Assistant Director

Torts Branch, Civil Division3 /s/ Kimberly S. Davey

KIMBERLY S. DAVEY

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

Kimberly.Davey@usdoj.gov

DATED: March 31, 2022