# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 16-1139V Filed: March 2, 2017 UNPUBLISHED

* * * * * * * * * * * * * * * * * * * * * * * * * * * * JAMIE MOHR, * * Petitioner, * Damages Decision Based on Proffer; v. * Influenza (“ Flu”); Shoulder Injury * Related to Vaccine Administration SECRETARY OF HEALTH * (“SIRVA”); AND HUMAN SERVICES, * Special Processing Unit (“SPU”) * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Michael McLaren, Black McLaren, et al ., PC, Memphis, TN, for petitioner. Debra Begley, U.S. Department of Just ice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

Dorsey , Chief Special Master:

On September 14, 2016, petitioner 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”). Petitioner alleges that she received an influenza (“flu”) shot on December 27, 2015 and subsequently suffered a shoulder injury related to vaccine administration (“SIRVA”). Petition at 1. The case was assigned to the Special Processing Unit of the Offi ce of Special Masters.

On December 20, 2016, a ruling on entitle ment was issued, finding petitioner entitled to compensation for a SIRVA. On February 28, 2017, respondent filed a proffer on award of compensation (“Proffer”) indicating petitioner should be awarded $90,902.04. Proffer at 1. In the Proffer, respondent repr esented that petitioner agrees with the proffered award. Based on the reco rd as a whole, the undersigned finds that petitioner is entitled to an awar d as stated in the Proffer.

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Cour t of Federal Claims'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). In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and move to redact medical or other inform ation, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, t he undersigned agrees that the identified material fits within this definition, 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 Ac t will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Case 1:16-vv-01139-UNJ Document 21 Filed 03/02/17 Page 1 of 22 Pursuant to the terms stat ed in the attached Proffer, the undersigned awards petitioner a lump sum payment of $90,902. 04 in the form of a check payable to petitioner, Jamie Mohr. This amount represents compens ation for all damages that
would be available un der § 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 c an be expedited by the parties’ joint filing of notice renouncing the right to seek review. Case 1:16-vv-01139-UNJ Document 21 Filed 03/02/17 Page 2 of 2IN THE UNITED STATES CO URT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS

************************************* JAMIE MOHR, *
* Petitioner, * No. 16-1139V
* C HIEF S PECIAL M ASTER v. * N ORA B ETH D ORSEY *
SECRETARY OF HEALTH AND *
HUMAN SERVICES , *
* Respondent. *
*************************************

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Items of Compensation

The Court issued a Ruling on Entitleme nt on December 20, 2016. Based upon the

evidence of record, respondent proffers th at petitioner should be awarded $90,902.04, 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

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

Respondent recommends that the compensation pr ovided to petitioner sh ould be made through a

lump sum payment of $90,902.04, in the form of a ch eck payable to petitioner. Petitioner agrees.

Respectfully submitted,

CHAD A. READLER Acting Assistant Attorney General

1 Should petitioner die prior to the entry of j udgment, the parties rese rve the right to move the Court for appropriate relief . In particular, respondent w ould oppose any award for future medical expenses, future lost earnings, and future pain and suffering. Case 1:16-vv-01139-UNJ Document 21-1 Filed 03/02/17 Page 1 of 22 C. SALVATORE D’ALESSIO Acting Director Torts Branch, Civil Division

CATHARINE E. REEVES Deputy Director Torts Branch, Civil Division

ANN D. MARTIN Senior Trial Attorney Torts Branch, Civil Division

/s/ DEBRA A. FILTEAU BEGLEY
DEBRA A. FILTEAU BEGLEY Trial Attorney Torts Branch, Civil Division U.S. Department of Justice
P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Phone: (202) 616-4181 Dated: February 28, 2017 Case 1:16-vv-01139-UNJ Document 21-1 Filed 03/02/17 Page 2 of 2