# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS
No. 17-0839V Filed: June 26, 2018 UNPUBLISHED

CONNIE OSBORNE,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. 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, Wa shington, DC, for petitioner. Amy Paula Kokot, U.S. Department of Just ice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

Dorsey , Chief Special Master:

On June 21, 2017, Connie Osborne (“petit ioner”) filed a petition for compensation under the National Vaccine Injury Com pensation Program, 42 U.S.C. §300aa-10, et
seq.

, 2 (the “Vaccine Act”). Petitioner alleges that her receipt of an influenza (“flu”) vaccine on August 24, 2016, caused her to suffer a left-sided 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 March 5, 2018, a ruling on entitlement was issued, finding petitioner entitled to compensation. On June 26, 2018, respondent filed a proffer on award of compensation (“Proffer”) indica ting petitioner should be awar ded $83,000.00. Proffer at 1. In the Proffer, resp ondent represented that petitioner agrees with the proffered

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Cour t of Federal Claims'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 award. Based on the record as a whole, t he 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 $83,000. 00, in the form of a check payable to petitioner, Connie Osborne. 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.1 IN THE UNITED STATES CO URT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS

) CONNIE OSBORNE, ) ) Petitioner, ) ) No. 17-839V (ECF) v. ) Chief Special Master Dorsey ) SECRETARY OF HEALTH AND ) HUMAN SERVICES, ) ) Respondent. ) )

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Compensation for Vaccine Injury-Related Items

On March 5, 2018, Chief Special Master Dors ey issued a Ruling on Entitlement finding

that petitioner was entitled to vaccine compensa tion for her Shoulder Injury Related to Vaccine

Administration (“SIRVA”). Based on the evidence of record, respondent proffers that petitioner

should be awarded $83,000.00. This amount represents all elements of compensation to which

petitioner would be entitled under 42 U.S. C. § 300aa-15(a). Pe titioner agrees.

II. Form of the Award

Respondent recommends that the compensati on provided to petitione r be made through a

lump sum payment of $83,000.00 in the form of a check payable to petitioner. 1 Petitioner

agrees.

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

1 Should petitioner die prior to the entry of judgment, respondent reserves 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 future lost wages.2 Respectfully submitted,

CHAD A. READLER Acting Assistant Attorney General

C. SALVATORE D’ALESSIO Acting Director Torts Branch, Civil Division

CATHARINE E. REEVES Deputy Director Torts Branch, Civil Division

ALEXIS B. BABCOCK
Assistant Director Torts Branch, Civil Division

s/Amy P. Kokot
AMY P. KOKOT Trial Attorney Torts Branch, Civil Division U.S. Department of Justice
P.O. Box 146
Ben Franklin Station Washington, DC 20044-0146 Tel: (202) 616-4118

Dated: June 26, 2018