# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 18

- 0941 V

Filed: August 22, 2019

UNPUBLISHED

BARBAR A GOLDMAN

,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. Special Processing Unit (SPU); Damages Decision Based on Proffer; Pneumococcal Conjugate Vaccine; Shoulder Injury Related to Vaccine Administration (SIRVA)

Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA , for petitioner. Christine Mary Becer

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

DECISION AWARDING DAMAGES 1

Dorsey

, Chief Special Master:

On June 28, 2018

, petitioner 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 shoulder injury related to vaccine administration (“SIRVA”) due to a pneumococcal conjugate vaccine received on December 17, 2015 . Petit ion at 1 . The case was assigned to the Special Processing Unit of the Office of Special Masters.

On July 23, 2019

, a ruling on entitlement was issued , finding petitioner entitled to compensation for her SIRVA . On August 21, 2019 , respondent filed a p roffer on a ward

of compensation (“Proffer”) indicating petitioner should be awarded $ 98,123.20

1 The un dersigned intends to post this decision on the United States Court of Federal Claims' website.

This means the decision 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 informat ion, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits within this definition, the undersigned will redact such material from public access. Because this unpublished decision contains a reasoned explanation for the action in this case, undersigned is required to post it on the United States Court of Federal Claims'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) (Feder al Management and Promotion of Electronic Government Services)

.

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 subpara graph of 42 U.S.C. § 300aa (2012 ).2

(comprising $95,000.00 for pain and suffering and $3,123.20 for unreimbursed

expenses )

. Proffer at 1

. In the Proffer, respondent represented that petitioner agrees with the proffered award. Id. Based on the record as a whole, the undersigned finds that petitioner is entitled to an award as stated in the Proffer.

Pursuant to the terms stated in the attached Proffer, the undersigned award s petitioner a lump sum payment of $ 98,123.20 (comprising $95,000.00 for pain and suffering and $3,123.20 for unreimbursed expenses ) in the form of a check payable to petitioner, Barbara Goldman

. 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/Nora Beth Dorsey Nora Beth Dorsey 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

____________________________________ )

BARBARA GOLDMAN , )
)
Petitioner, )
) No. 18-941V
v. ) Chief Special Master Dorsey
) ECF

SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
) Respondent. )
____________________________________)

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On July 22, 2019, respondent filed a Vaccine Rule 4(c) report concluding that petitioner

suffered an injury that is compensable under the National Childhood Vaccine Injury Act of 1986,

as amended, 42 U.S.C. §§300aa-10 to -34. Accordingly, on July 23, 2019, the Chief Spec ial

Master issued a Ruling on Entitlement, finding that petitioner was entitled to vaccine

compensation for her Shoulder Injury Related to Vaccine Administration (“SIRVA”).

I. Items of Compensation

Based upon the evidence of record, respondent proffers that petitioner should be awarded

$98,123.20 ($95,000.00 for pain and suffer ing and $3,123.20 fo r unreimbursed expenses) which

repr esents all elements of compensation to which petitioner would be entitled under 42 U.S.C.

§ 300aa-15(a). 1 Petitioner agrees.

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 medical

e xpenses , future lost earnings, and future pain and suffering.2 II. Form of the Award

The parties recommend that the compensation provided to petitioner should be made

through a lump sum payment of $98,123.20 in the form of a c heck payable to petitioner.

Petitioner agrees.

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

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

A LEXIS B. BABCOCK

Assistant Director
Torts Branch, Civil Division

s/Christine Mary Becer

CHRISTINE MARY BECER 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) 616-3665

Date: August 21, 2019