# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 16

- 1496 V

Filed: July 10, 2017
UNPUBLISHED

RACHEL KOENIG

,

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

Admin istration (SIRVA)

Shealene Priscilla Wasserman, Muller Brazil, LLP, Dresher, PA , for petitioner. Ryan Daniel Pyles , U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

Dorsey

, Chief Special Master:

On November 14, 2016

, p etitioner 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 s he suffered a shoulder injury related to vaccine
administration (“ SIRVA ” ) following her October 6, 2015 influenza ( “ flu ” ) vaccination

. Petition at 1-2 . The case was assigned to the Special Processing Unit of the Office of Special Masters.

On April 13, 2017

, a ruling on entitlement was issued , finding petitioner entitled to compensation for SIRVA . On July 10, 2017 , respondent filed a proffer on a ward of compensation (“Proffer”) indicating petitioner should be awarded $ 60,000.00

. Proffer at

1. In the Proffer, respondent represented that petitioner agrees with the proffered

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intend s to post it on the United States Court of Federal Claims'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)

. In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, the undersigned agree s that the ident ified 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 Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012).2 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 stated in the attached Proffer, the undersigned award s petitioner a lump sum payment of $6 0,000.00 in the form of a check payable to petitioner, R achel Koenig

. This amount represents compensation for all damages that would be available 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 can be expedited by the parties’ joint filing of notice renouncing the right to seek review.1 THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

RACHEL KOENIG,

Petitioner,

v.

SECRETARY OF HEALTH AND
HUMAN SERVICES,

Respondent. No. 16-1496V Chief Special Master Nora Beth Dorsey

ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On April 11, 2017, respondent filed his Rule 4( c) Report, in which he recommended that

the Court find petitioner enti tled to compensation, and on April 13, 2017, the Court entered its

Ruling on Entitlement, finding petitioner entitled to compensation. Respondent now proffers

that petitioner receive an award of a lump sum of $60,000.00 in the form of a check payable to

petitioner. This amount represents compensa tion for all elements of compensation under 42

U.S.C. § 300aa-15(a) to wh ich petitioner is entitled. 1

Petitioner agrees with the proffered award of $60,000.00. 2

Respectfully submitted,

CHAD A. READLER Acting Assistant Attorney General

1 Should petitioner die prior to en try of judgment, the parties rese rve the right to move the Court for appropriate relief. In particular, res pondent would oppose any award for future medical expenses, future pain and sufferi ng, and future lost wages.

2 This proffer does not include any award for at torneys’ fees and costs that may be awarded pursuant to 42 U.S.C. § 300aa-15(e).2 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

s/ RYAN D. PYLES

RYAN D. PYLES Trial Attorney Torts Branch, Civil Division U.S. Department of Justice

P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146 Tel: (202) 616-9847

Dated: July 10, 2017