# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 16-1583V

Filed: September 5, 2017

UNPUBLISHED

BETSY GRAHAM,

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)

Jeffrey S. Pop, Jeffrey S. Pop & Asso ciates, Beverly Hills, CA, for petitioner.

Kathryn Ann Robinette, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

Dorsey , Chief Special Master:

On November 29, 2016, petitioner fil ed a petition for compensation under the

National Vaccine Injury Compensat ion 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”) that was caused in fact by an influenza (“flu”) vaccination.

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

Special Masters.

On June 21, 2017, a ruling on entitlement was issued, finding petitioner entitled

to compensation for a SIRVA. On August 31, 2017, respondent filed a proffer on award

of compensation (“Proffer”) indicating petit ioner should be awarde d $75,000.00. Proffer

at 1. In the Proffer, re spondent represented t hat 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1 Because this unpublished decision contains a reasoned explanation for the action in this case, the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 $75,000. 00 in the form of a check payable to

petitioner, Betsy Graham. This amount represents compens ation for all damages that

would be available un der § 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

BETSY GRAHAM

,

Petitioner,

v

.

SECRETARY OF HEALTH AND HUMAN

SERVICES,

Respondent. )

)

)

)

)

)

)

)

)

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) No. 1 6

- 1583 V

Chief Special Master Dorsey

ECF

PROFFER ON AWARD OF COMPENSATION

On June 21

, 201 7

, the Chief Special Master issued a Ruling on Entitlement finding that

petitioner was entitled to vaccine compensation for her Shoulder Injury Related to Vaccine

Administration (“SIRVA”).

I. Items of Compensation

Based upon the evidence of record, respondent p roffers that petitioner should be awarded

$ 7 5 ,000.00, which represents all elements of compensation to which petitioner would be entitled

under 42 U.S.C. § 300aa

- 15(a). 1 Petitioner agrees.

II. Form of the Award

Petitioner is a competent adult. Respondent re commends that the compensation provided

to petitioner should be made through a lump sum payment of $ 7 5 ,000.00, in the form of a check

payable to petitioner. Petitioner agrees.

1 Should petitioner die prior to the 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 lost earnings, and future pain and suffering

.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

HEATHER L. PEARLMAN

Assistant Director

Torts Branch, Civil Division

s/ Kathryn A. Robinette

KATHRYN A. ROBINETTE

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

- 3661

Fax: (202) 616

- 4310

DATED: August 31 , 2017