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# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 14

- 455 V

Filed: August 26, 2014

Not for P ublication

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

E RIN MENSER

, *

*

Petitioner

, *

* Damages d ecision b ased on p roffer ;

v. * influenza (flu) vaccine; shoulder

* injury related to vaccine

SECRETARY OF HEALTH * administration (SIRVA)

AND HUMAN SERVICES, *

*

Respondent. *

*

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

M aximillian J. Muller

, Philadelphia, PA , for petitioner.

Alexis B. Babcock , Washington, DC, for respondent.

MILLMAN, Special Master

DECISION AWARDING DAMAGES 1

On Ma y 27 , 2014 , petitioner filed a petition under the National Childhood Vaccine I njury

Act, 42 U.S.C. § § 300aa

- 10

– 34 (2006 ) , alleging that she suffered a left shoulder injury a s a result

of the influenza (“flu”) vaccination she received on August 30 , 201 3

. On August 22 , 2014,

respondent filed her Rule 4(c) Report, conceding that petitioner suffered from a shoulder injury

related to vaccine administration (“SIRVA”) and recommending compensation.

1 Because this decision contains a reasoned explanation for th e special master's action in this case, t h e

special master intends to post this decision on the United States Court of Federal Claims's website, in

accordance with the E

- Government Act of 2002, Pub. L. No. 107

- 347, 116 Stat. 2899, 2913 (Dec. 17,

2002). Vaccine Rule 18(b) states that all decisions o f the special masters will be made available to the

public unless they contain trade secrets or commercial or financial information that is privileged and

confidential, or medical or similar information whose disclosure would constitute a clearly unwarrant ed

invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and move to redact

such information prior to the document = s disclosure. If the special master, upon review, agrees that the

identified material fits within the bann ed categories listed above, the special master shall redact such

material from public access.2

On August 26 , 2014 , respondent filed Respondent’s P roffer on Aw ard of Compensation.

The unde rsigned finds the terms of the p roffer to be reasonable. Based on the recor d as a whole,

the undersigned finds that petitioner is entitled to the award as stated in the p roffer. Pursuant to

th e terms stated in the attached p roff er, the court awards a lump sum payment of $ 80 ,000 .00

, representing a ll elements of compensation to which petitioner would be entitled under 42 U.S.C.

§ 300aa

- 15(a)

. The award shall be in the form of a check for $ 80 ,000.00 made pay able to

petitioner

.

In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of

the court is directed to enter judgment herewith. 2

IT IS SO ORDERED.

Dated: August 26, 2014 /s/ Laura D. Millman

Laura D. Millman

Special Master

2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party , either separately or

jointly, filing a notice renouncing the right to seek rev iew.IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

__________________________________________ )

ERIN MENSER, )

)

Petitioner, )

) No. 14

- 455

v. ) Special Master Millman

)

SECRETARY OF HEALTH AND )

HUMAN SERVICES, )

)

Respondent. )

__________________________________________ )

RESPONDENT’S PROFFER OF DAMAGES

I. Items of Compensation

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

$80,000.00, which represents all elements of compensation to which petitioner would be entitled

under 42 U.S.C. § 300aa

- 15(a). 1 Petitioner agrees with this amount.

II. Form of the Award

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

through a lump sum payment of $80,000.00 in the form of a check pay able to petitioner.

Respectfully submitted,

STUART F. DELERY

Assistant Attorney General

RUPA BHATTACHARYYA

Director

Torts Branch, Civil Division

1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court

for appropriate r elief. In particular, respondent would oppose any award for future medical

expenses, future lost earnings, and future pain and suffering.

1VINCENT J. MATANOSKI

Deputy Director

Torts Branch, Civil Division

ALTHEA W. DAVIS

Senior Tri al Counsel

Torts Branch, Civil Division

/s/ Alexis B. Babcock

ALEXIS B. BABCOCK

Senior 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

- 7678

Dated: August 2 6 , 2014

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