# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 17

- 1939 V

UNPUBLISHED

CYNTHIA ALEXANDER

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: June 4, 2020

Special Processing Unit (SPU);

Damages Decision Based on Proffer;

Influenza (Flu) Vaccine; Shoulder

Injury Related to Vaccine

Administration (SIRVA)

Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC , for

petitioner.

Dhairya Divyakant Jani , U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

On December 13, 201 7

, Cynthia Alexander 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 ” ) as a result of her December 19, 2016 influneza

(“flu”) vaccine. Petition at 1. The case was assigned to the Special Processing Unit of

the Office of Special Masters.

On September 17, 20 19

, a ruling on entitlement was issued , finding P etitioner

entitled to compensation for SIRVA . On June 3, 2020

, R espondent filed a p roffer on

a ward of compensation (“Proffer”) indicating P etitioner should be awarded $ 112,803.13

(comprised of $105,000.00 for pain and suffering and $7,803.13 in unreimbursable

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am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 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 information, the disclosure o f 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 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 subparagraph of 42 U.S.C. §

300aa (2012).2 expenses)

. Proffer at 1

- 2

. In the Proffer, R espondent represented that P etitioner

agrees with the proffered award. Id. Based on the record as a whole, I find that

P etitioner is entitled to an award as stated in the Proffer.

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

sum payment of $ 112,803.13 (comprised of $105,000.00 for pain and suffering and

$7,803.13 in unreimbursable expenses) in the form of a check payable to

P etitioner

. 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/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.1 IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

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

CYNTHIA ALEXANDER

, *

*

Petitioner, *

*

v. * No. 17

- 1939V (ECF)

* CHIEF SPECIAL MASTER

* BRIAN H. CORCORAN

SECRETARY OF HEALTH *

AND HUMAN SERVICES

, *

*

Respondent. *

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

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On September 12 , 2019, respondent filed a Vaccine Rule 4(c) report concluding that

petitioner suffered an injury (SIRVA) that is compensable under the National Childhood Vaccine

Injury Act of 1986, as amended, 42 U.S.C. §§ 300aa

- 10 to

- 34. Accordingly, on September 17

,

2019

, Special Master Dorsey iss ued a Ruling on Entitlement , find ing petitioner, Cynthia

Alexander , entitled to Vaccine Act compensation for her Table SIRVA injury.

I. Amount of Compensation

Respondent now proffers that, based on the Special Master’s entitlement decision and the

evidence of record, petitioner should be awarded $ 112,803.13

. 1 This amount represents all

elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa

- 15(a).

Petitioner agrees.

1 The parties have no objection to the amount of the proffered award of damages. Assuming the

special master issues a damages decision in conformity with this proffer, the parties waive their

right to seek review of such damages decision.2 II. Items of Compensation and Form of the Award

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

through a lump sum payment described below, and request that the Chief Special Master’s

damages decision and the Court’s judgm ent award the following: 2

A. Petitioner’s Damages

A lump sum payment of $ 112,803.13 (comprised of $105 ,000.00 fo r pain and suffering

and $7,803.13 in unreimbursable expenses) in the form of a check payable to petitioner, Cynthia

Alexander

.

B. Guardianship

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

HEATHER L. PEARLMAN

Assistant Director

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, respondent would oppose any award for future medical

expenses, future pain and suffering, and fut ure lost wages.3 /s/ DHAIRYA D. JANI

DHAIRYA D. JANI

Trial Attorney

U.S. Department of Justice

Torts Br anch, Civil Division

P.O. Box 146

Benjamin Franklin Station

Washington, D.C. 20044

- 0146

Tel: (202) 616

- 4356

Dated: June 3, 2020