# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 18

- 1087 V

UNPUBLISHED

MARIN TULLY

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: January 23, 2020

Special Processing Unit (SPU);

Damages Decision Based on Proffer;

Influenza (Flu) Vaccine; Shoulder

Injury Related to Vaccine

Administration (SIRVA)

Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA , for petitioner.

Claudia Barnes Gangi

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

DECISION AWARDING DAMAGES 1

On July 25, 2018

, Marin Tully 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 injury related to vaccine

administration ( “ SIRVA ” ) as a result of the influenza ( “ flu ” ) vaccine administered on

October 20, 2015

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

of the Office of Special Masters.

On July 9, 2019

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

compensation for her SIRVA . On January 22, 2020

, R espondent filed a p roffer on

a ward of compensation (“Proffer”) indicating P etitioner should be awarded $ 77,352.75

. Proffer at 2

. In the Proffer, R espondent represented that P etitioner agrees with the

1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I am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 ruling will be available to anyone with access to

the internet. In accordance with Vaccine Ru le 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 fits 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S. C. §

300aa (2012).2

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 $ 7 7, 35 2.75 in the form of a check payable to P etitioner

. This

amount represents compensation for all damages that w ould be available under § 15 (a)

.

The clerk of the 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.THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

MARIN TULLY

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent

. No. 18

- 1087V

Chief S pecial Master C orcoran

ECF

PROFFER ON AWARD OF COMPENSATION

On July 8 , 2019, respondent filed a Rule 4(c) Report, in which he conceded that

petitioner sustained the onset of a left shoulder injury related to vaccine administration

(“SIRVA”) within the time perio d set forth in the Vaccine Injury Table, following her receipt of

an influenza (“flu”) vaccine administered on October 20, 2015 . Docket No. 2 7 . On July 9

,

2019, the Court issued a Ruling on Entitlement, finding that petitioner is entitled to

compensation . Docket No. 2 8

.

I. Items of Compensation

A. Pain and Suffering

Respondent proffers that the Court should award petitioner a lump sum of $ 75,000 .00 for

her actual and projected pain and suffering. This amount reflects that the award for projected

pain and suffering has been reduced to net present value. See 42 U.S.C. § 300aa

- 15(a)(4).

Petitioner agrees.2 B. Past Unreimbursable Expenses

Respondent proffers that the Court should award petitioner a lump sum of $2,352.75 for

past unreimbursable expenses, as prov ided under 42 U.S.C. § 300aa

- 15(a)(1)(A). Petitioner

agrees.

II. Form of the Award

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

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

lump sum payment of $ 77,352.75 , in the form of a check payable to petitioner, which represents

all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa

15(a). 1 Petitioner agrees.

Respectfully submitted,

JOSEPH H. HUNT

Assistant Attorney General

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division

CATHARINE E. REEVES

Deputy Director

Torts Branch, Civil Division

HEATHER L. PEARLMAN

Assistant Director

Torts Branch, Civil Division

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

Court for appropriate relief. In particular, respondent would oppose any award for future pain

and suffering.3 s/ Claudia B. Gangi

CLAUDIA B. GANGI

Senior Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

Benjamin Franklin Stat ion

Washington D.C. 20044

- 0146

Tel: (202) 616

- 4138

claudia.gangi@usdoj.gov

Dated: January 22, 2020