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# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 14

- 196 V

Filed: July 15, 2014

Not for P ublication

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

M ARIE VERDIER

, *

*

Petitioner

, *

* Damages d ecision b ased on p roffer ;

v. * flu vaccine; adhesive capsulitis;

* shoulder impingement; tendinosis;

SECRETARY OF HEALTH * SIRVA

AND HUMAN SERVICES, *

* Respondent. *

*

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

P aul R. Brazil

, P hiladelphia, PA , for petitioner

. C laudia B. Gangi , Washington, DC, for respondent.

MILLMAN, Special Master

DECISION AWARDING DAMAGES 1

On M arch 10, 2014 , petitioner filed a petition under the National Childhood Vaccine

I njury Act, 42 U.S.C. § 300aa

- 10

– 34 (2006 ) , alleging that she suffered a dhesive capsulitis, shoulder impingement, and tendinosis in her left shoulder as a result of receiving i nfluenza ( “ flu ” ) vaccine on O ctober 23, 2012

.

On June 13, 2014, respondent file d her Rule 4(c) Report conceding that petitioner

1 Because this decision contains a reasoned explanation for th e special master's action in this case, t h e special master intends to post this decision on the United States Court of Federal Claims's website, in

accordance with the E

- Government Act of 2002, P ub. L. No. 107

- 347, 116 Stat. 2899, 2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made available to the public unless they contain trade secrets or commercial or financial information that is privileged a nd confidential, or medical or similar information whose disclosure would constitute a clearly unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and move to redact such information prior to the document = s d isclosure. If the special master, upon review, agrees that the identified material fits within the banned categories listed above, the special master shall redact such material from public access.2

suffered from a shoulder injury related to vaccine administr ation ( “ SIRVA ” ) and recommending compensation.

On J uly 15 , 2014

, respondent filed Respondent’s P roffer on Award of Compensation.

The unde rsigned finds the terms of the p roffer to be reasonable. Based on the recor d as a whole, the undersigned finds that petitioner is entitled to the award as stated in the p roffer. P ursuant to
th e terms stated in the attached p roff er, the court awards petitioner a lump sum payment of $ 104,059

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, representing compensation for a ctual and projected p ain and suffering ($100,000.00) and past unreimbursable expenses related to her vaccine

- related injury ($4,059 .4 9)

. The award shall be in the form of a check for $ 104

, 059

. 49 made payable to petitioner

.

In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment herewith. 2

IT IS SO ORDERED.

Dated: July 15, 2014 /s/ Laura D. Millman

Laura D. Millman Special Master

2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party , either separately or jointly, filing a notice renouncing the right to seek review.IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

MARIE VERDIER

,

Petitioner,

v.

SECRETARY OF HEALTH
AND HUMAN SERVICES,

Respondent. ) ) ) ) ) ) ) ) ) ) ) ) No. 14

- 196V Special Master Laura D. Millman

ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On February 11, 2014, Marie Verdier , a/k/a Marie Gesumene Pervelus Verdier

(“petitioner”) filed a petition for compensation under the Vaccine Act. 1 P etitioner alleges that

she received an influenza vaccine in her left arm on October 23, 2012, and subsequently suffered

adhesive capsulitis, shoulder impingement, and tendinosis in her left shoulder secondary to the

vaccination. ( See generally Dkt. 9, Resp.’s Rep. 1

– 3.) The Secretary of Health and Human

Services (“respondent”) filed a Vaccine Rule 4(c) report, conceding that petitioner suffered from

a shoulder injury related to vac cine administration (“SIRVA”), and recommending that the Court

award petitioner compe nsation. ( Id. at 4

– 5.) Respondent hereby submits the following proffer

regarding the award of compensation.

1 National Childhood Vaccine Injury Act (“Vaccine Act”) of 1986, Pub. L. No. 99

- 660, tit. III,
§§ 301

– 323, 100 Stat. 3743, 3755 (1986), as amended , 42 U.S.C. §§ 300aa

- 1 to 300aa

- 34. All U.S.C. citations are to U.S.C.A. (West, Westlaw through P.L. 113

- 120, June 10, 2014).I. Items of Compensation

A. Future Medical Care Expenses

Respondent proffers that based on the evidence of record, petitioner is not entitled to an

award for projected unreimbursable medical care expenses incurred from the date of judgment as

provided under 42 U.S.C. § 300aa

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

B. Lost Earnings

Respondent proffers that based upon the evidence of record, petiti oner has not and is not

likely to suffer a loss of earnings as a result of her vaccine

- related injury. Accordingly, the Court

should not award lost future earnings as provided under § 300aa

- 15(a)(3)(A). Petitioner agrees.

C. Pain and Suffering

Respondent pr offers that the Court should award petitioner a lump sum of $100,000.00

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 § 300aa

- 15(a)(4). Pe titioner

agrees.

D. Past Unreimbursable Expenses

Respondent proffers that based upon the evidence of record, petitioner has incurred

$4,059.49 in past unreimbursable expenses related to her vaccine

- related injury. Petitioner

agrees.

E. Medicaid Lien

Petitioner represents that there are no outstanding Medicaid liens related to her vaccine

related injury.

2II. Form of the Award

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

through a lump sum payment as described below and request tha t the S pecial M aster’s decision

and the Court’s judgment award the following 2 : a lump sum payment of $10 4,059.49

(representing compensation for actual and projected pain and suffering , and past unreimbursable

expenses related to the vaccine

- related injury ) , in the form of a check payable to petitioner

.

III. Summary of Recommended Payment Following Judgment

A lump sum payment of $104,059.49, representing compensation for actual and projected

pain and suffering, and past unreimbursable expenses related to the vacc ine

- related injury,

payable to petitioner.

Respectfully submitted,

STUART F. DELERY Assistant Attorney General

RUPA BHATTACHARYYA

Director Torts Branch, Civil Division

VINCENT J. MATANOSKI Deputy Director Torts Branch, Civil Division

HEATHER L . PEARLMA N Senior Trial Attorney Torts Branch, Civil Division

2 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court for appropriate relief. In particular, resp ondent 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. D EPARTMENT OF J USTICE
P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044

- 0146

Tel: (202) 616

- 4138

DATED: July 1 5 , 2014

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