# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 16-0639V

Filed: February 7, 2017

UNPUBLISHED

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

SHARON G. ORTAGUS, *

*

Petitioner, * Damages Decision Based on Proffer;

v. * Influenza (“Flu”) Vaccine; Shoulder

* Injury Related to Vaccine Administration

SECRETARY OF HEALTH * (“SIRVA ”); Special Processing Unit

AND HUMAN SERVICES, * (“SPU”)

*

Respondent. *

*

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

Leah VaSahnja Durant, Law Offices, Washington, DC, for petitioner.

Douglas Ross, U.S. Department of Just ice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

Dorsey , Chief Special Master:

On May 27, 2016, Sharon G. Ortagus (“petitioner”) filed a petition for

compensation under the National Vaccine Inju ry 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 (“SIR VA”) as a result of receiving an influenza

(“flu”) vaccine on October 13, 2015. Petiti on at 1. The case was assigned to the

Special Processing Unit of the Office of Special Masters.

On September 7, 2016, a ruling on entit lement was issued, finding petitioner

entitled to compensation for SIRVA. On Fe bruary 6, 2017, respondent filed a proffer on

award of compensation (“Proffe r”) indicating petitioner should be awarded $165,500.00.

Proffer at 1. In the Proffer, respondent represented that petit ioner agrees with the

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the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).2 proffered award. 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 stat ed in the attached Proffer, the undersigned awards

petitioner a lump sum payment of $165,500. 00, in the form of a check payable to

petitioner, Sharon G. Ortagus. This amount represents co mpensation for all damages

that would be availabl e 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/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.IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

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

*

SHARO N G. ORTAGUS

, *

*

Petitioner, *

*

v

. * No. 1 6

- 639 V (ECF)

* C HIEF S PECIAL M ASTER

* N ORA B ETH D ORSEY

SECRETARY OF HEALTH *

AND HUMAN SERVICES

, *

*

Respondent. *

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

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I n her September 7 , 201 6 Ruling on Entitlement , the Chief S pecial M aster found that a

preponderance of the medical evidence indicates that petitioner suffered a shoulder injury related

to vaccine administration (“SIRVA”), which was causally related to the flu vaccination s he

received on October 13 , 201 5

. The parties have now address ed the amount of compensation to

be awarded in this case.

I. Compensation

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

a total lump sum of $ 1 6 5

, 5 00.00 , which amount represents 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, respondent would oppose any award for future

medical expenses, future lost earnings, and future pain and suffering, and the parties reserve the

right to move the Court for appropriate relief.2 II. Form of the Award

The parties recommend that the compensation provided should be made through lump

sum payment in the form of a check for $ 1 6 5

, 5 00.00

, payable to petitioner

.

Respectfully submitted,

C HAD A. READL ER

Acting Assistant Attorney General

Civil Division

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division

CATHARINE E. REEVES

Deputy Director

Torts Branch, Civil Division

VORIS E

. JOHNSON, JR.

Senior Trial Attorney

Torts Branch, Civil Division

/s/ DOUGLAS ROSS

DOUGLAS ROSS

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

- 3667

DATE: February 6 , 201 7