# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 14-701V

Filed: January 26, 2015

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

SUSAN SUDMAN *

*

*

Petitioner, * Damages Decision Based on Proffer;

* Influenza Vaccine; Shoulder Injury

v. * Related to Vaccine Administration

* (“SIRVA”); Special Processing Unit

* (“SPU”)

SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

*

Respondent. *

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

Amber D. Wilson, Maglio Ch ristopher and Toale, PA, Washington, DC for petitioner.

Lisa A. Watts, U.S. Department of Ju stice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

Vowell , Chief Special Master:

On August 4, 2014, Susan Sudman fil ed a petition for compensation under the

National Vaccine Injury Compensat ion Program, 42 U.S.C. §300aa-10, et seq

, 2 (the

“Vaccine Act” or “Progr am”). The petition alleges that as a result of an influenza (“flu”)

vaccination on November 19, 2013, petitioner suffered a shoulder injury related to

vaccine administration (“SIRVA”). Petition at 1-2. The case was assigned to the Special

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

On November 20, 2014, I issued a ruling on entitlement, finding petitioner entitled

to compensation. On January 23, 2015, respondent filed a proffer on award of

compensation (“Proffer”) detailing compensati on for petitioner’s pain and suffering and

1 Because this unpublished decision contains a reasoned ex planation for the action in this case, I intend

to post this decision on the United States Court of Federal Claims' website, in accordance with the EGovernment Act of 2002, Pub. L. No. 107-347, 116 St at. 2899, 2913 (Dec. 17, 2002). In accordance with

Vaccine Rule 18(b), petitioners have 14 days to identify and move to delete medical or other information,

the disclosure of which would constitute an unwarrant ed invasion of privacy. If, upon review, I agree that

the identified material fits within this definition, I will delete 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 (2006).2 past un-reimbursable expenses. According to respondent’s Proffer, petitioner agrees to

the proposed award of compensation.

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

sum payment of $163, 111.17 in the form of a check payable to petitioner.

This amount represents compensation fo r 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/Denise K. Vowell

Denise K. Vowell

Chief Special Master

3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by eac h party filing a notice

renouncing the right to seek review.IN T HE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

________________________________________ SUSAN SUDMAN, )

) ECF

Petitioner, )

)

v. ) No. 14

- 701V

) Chief Special Master

SECRETARY OF HEALTH AND HUMAN ) Denise K. Vowell

SERVICES, )

)

Respondent. )

)

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Items of Compensation

A. Life Care Items

Respondent proffers that, based on the evidence of record, petitioner is unlikely to incur

un

- reimbursable future med ical expenses as a result of her vaccine

- related injury. See 42 U.S.C.

§ 300aa

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

.

B. Los t Earnings

Respondent proffers that based upon the evidence of record, petit ioner’s vaccine

- related

injury has not impact ed her earnings capacity . Thus, an award of lost earnings under 42 U.S.C.

§ 300aa

- 15(a)(3)(A) is not appropriate in this case. Petit ioner agrees.

C. Pain and Suffering

R espondent proffers that petitioner should b e awarded $160 ,000 .00 in actual and

projected pain and suffering. See 42 U.S.C. § 300aa

- 15 (a)(4), ( f )(4) (A) . Petitioner agree s

.

1D. Past Un

- reimbursable Expenses

Evidence suppl ied by petitioner documents her expenditure of past un

- reimbursabl e

expenses related to her vaccine

- related injury. 42 U.S.C. § 300aa

- 15(a)(1) (B)

. Resp ondent

proffers that petitioner should be awarded past un

- reimbursable exp enses in the am ount of

$3,111.17

. Petitioner agree s

.

E. Medicaid Lien

Petitioner represent s that there are no Medicaid liens outst anding against her as a result of

her vaccine

- related injury

.

II. Form of the Award

The parties recommend that the compensation provided to p etitioner should be made

through a lump sum payment as described be low, and request that the Special Master’s decision

and the Court’s judgment award the following : 1

A. A lump sum payment of $163,111.17 , representing petitioner ’s pa in and

sufferin g ($160 ,000 .00 ), and past u n

- reimbursable expenses ($3,111.17 ) in the

form o f a check payable to petitioner.

1. Guardianship

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

III. Summary of Recommended Payments Following Judgment

A. Lump sum paid to petitioner for past lost earnings, pain

and suffering, and past un

- reimbursable expenses: $163,111.17

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

.

2Respectfully submitted,

JOYCE R. BRANDA

Actin g Assistant Attorney General

RUPA BHATTACHARYYA

D irector

Torts Branch, Civil Division

VINCENT J. MATANOSKI

Deputy Director

Torts Branch, Civil Division

MICHAEL P. MILMOE

Senior Trial Counsel

Torts Branch, Civil Division

s/Lisa A. Watts

LISA A. WATTS

Senior Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

Benjamin Frankli n Station

Washington, D.C. 20044

- 0146

Telephone: (202) 616

- 4099

Dated: January 2 3 , 2015

.

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