# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 20

- 0877V

UNPUBLISHED

WANDA OLIVER

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: December 22, 2021

Special Processing Unit (SPU) ; Damages Decision on Proffer;

Concession; Table Injury; Influenza

(Flu); Shoulder Injury Related to

Vaccine Administration (SIRVA).

Ronald Craig Homer, Conway, Homer, P.C., Boston, MA

, for P etitioner.

Jeremy Fugate , U.S. Department of Justice, Washington, DC, for R espondent.

DECISION ON DAMAGES 1

On July 17, 2020

, Wanda Oliver 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 allege d that she suffered a right shoulder injury related to

vaccine administration (SIRV A) after an influenza (“flu”) vaccine received on October 23,

2018 . Petition at 1

. T he case was assigned to the Special Processing Unit of the Office

of Special Master s.

On December 13, 2021

, I issued a ruling that Petitioner was entitled to

compensation for her SIRVA. ECF No. 31 . On December 20, 2021

, Respondent filed a

proffer on an award of compensation, to which Petitioner agrees. ECF No. 33 (attached

1 Because this unpublished R uling contains a reasoned explanation for the action in this case, I am required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 R uling will be available to anyone with access to the internet. In accordance

with Vaccine Rule 18(b), Petitioner has 14 days to identify and mov e 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 Na tional 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

hereto as Exhibit A). Based on the record as a whole, I find that Petitioner is entitled to

an award as stated in the Proffer.

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

sum payment of $ 71,784.21 ( representing $70,000.00 for pain and suffering, and

$1,78 4.21 for past unreimbursable expenses). This amount represents compensation

for all damages that would be available under Section 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.IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

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

WANDA OLIVER

, *

*

Petitioner, * No. 20

- 0877 V

* Chief Special Master Corcoran

v. *

*

SECRETARY OF HEALTH AND *

HUMAN SERVICES

, *

*

Respondent. *

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

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On July 17, 2020, Wanda Oliver (“petitioner”) filed a Petition for Compensation

(“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa

- 1 to

34 (“Vaccine Act” or “Act”), as amended. Petitioner alleges that she received an influenza

(“flu”) vaccine on October 23 , 2018, and that she subsequently suffered a right shoulder injury

related to the v accine administration (“SIRVA”) that meets the requirements of the Vaccine

Injury Table for flu vaccine. Petition at 1

. On December 13 , 2021 , the Secretary of Health and

Human Services (“respondent”) filed a Rule 4(c) Report indicating that this case is appropriate

for compensation under the terms of the Act for a SIRVA Table injury , and on December 13

,

2021

, the Chief Special Master issued a Ruling on Entitlement finding petitioner entit led to

compensation. ECF No. 30; ECF No. 31

.

I. Items of Compensation

A. Pain and Suffering

Respondent proffers that petitioner should be awarded $ 70,0 00.00 in pain and suffering

.

See 42 U.S.C. § 300aa

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

Evidence supplied by petitioner documents that she incurred past un reimbursable

expenses related to her vaccine

- related injury. Respondent proffers that petitioner should be

awarded past unreimbur sable expenses in the amount of $ 1, 784.21

. See 42 U.S.C. § 300aa

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

These amounts represent all elements of compensation to which petitioner is entitled

under 42 U.S.C. § 300aa

- 15(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 made through a

lump sum payment as described below and requests that the Chief Special Ma ster’s decision and

the Court’s judgment award the following 1 : a lump sum payment of $ 71,784.21

, in the form of a

check payable to petitioner.

III. Summary of Recommended Payments Following Judgment

Lump sum payable to petitioner, Wanda Oliver : $ 71,784.21

.

Re spectfully submitted,

BRIAN M. BOYNTON

Acting Assistant Attorney General

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division

HEATHER L. PEARLMAN

Deputy 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 oppose any award for future lost earnings

and future pain and suffering.3 MALLORI B. OPENCHOWS KI

Trial Attorney

Torts Branch, Civil Division

s/ JEREMY C. FUGATE

JEREMY C. FUGATE

Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146 Benjamin Frankli n Station

Washington D.C. 20044

- 0146

Tel: (202) 598

- 3831

Dated: December 20 , 2021 Jeremy.Fugate2@usdoj.gov