# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 17

- 1053 V

Filed: June 25, 2019

UNPUBLISHED

STEVEN WASHINGTON

,

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)

Bruce William Slane, Law Office of Bruce W. Slane, P.C., White Plains, NY , for

petitioner.

Camille Michelle Collett , U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

Dorsey

, Chief Special Master:

On August 3, 2017

, 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 he suffered a shoulder injury related to vaccine

administration ( “ SIRVA ” ) caused

- in -f act by the adverse effects of an influenza ( “ flu ” )

vaccine administered on November 23, 2016

. Petition at 1 . The case was assigned to

the Special Processing Unit of the Office of Special Masters.

On June 17, 2019

, a ruling on entitlement was issued , finding petitioner entitled

to compensation for a SIRVA . On June 21, 2019, respondent filed a p roffer on a ward of

1 The undersigned intends to post this decision on the United States Court of Federal Claims' website.

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 of which would constitute an unwarranted invasion of privacy. If, upon review, the

undersigned agrees that the identified material fits within this definition, the undersigned will redact such

material from public access. Because this unpublished decision contains a reasoned explanation for the

actio n in this case, undersigned is 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)

.

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 compensation (“Proffer”) indicating petitioner should be awarded $ 141,694.81

consisting of $14 0,000.00 in pain and suffering, $957.33 in lost wages, and $ 737.48 in

past out of pocket expenses

. Proffer at 1. In the Proffer, respondent represented that

petitioner agrees with the proffered award. Id. 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 $$ 141,694.81 ( consisting of $14 0,000.00 in pain

and suffering, $957.33 in lost wages, and $ 737.48 in past out

- of

- pocket expenses

in the form of a check payable to petitioner, Steven Washington

. This amount

represents compensation for all damages that would 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/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 IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

STEVEN WASHINGTON

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. No. 17

- 1053 V

Chief Special Master Nora Beth Dorsey

ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On June 17, 2019 , respondent filed her Amended Rule 4(c) Report, in which she

conceded entitlement. On June 17, 2019 , the Court issued a Ruling on Entitlement, finding that

petitioner is entitled to compensation for his buristis . Based on the evidence in the record,

respondent proffers that petitioner receive an award of a lump sum of $ 141,694.81 (consisting of

$ 140 ,000.00 in pain and suffering

, $957.33 in lost wages, and $ 737.48 in past out

- of

- pocket

expenses) in the form of a check payable to petitioner. This amount represents compensation for

all elements of compensation under 42 U.S.C. § 300aa

- 15(a) to which petitioner is entitled. 1

Petition er agrees.

Petitioner is a competent adult. Evidence of guardianship is not required in this

case.

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 sufferin g.2 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

ALEXIS B. BABCOCK

Assistant Director

Torts Branch, Civil Division

/s/ Camille M. Collett

_____ CAMILLE M. COLLETT

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

- 0515

Dated: June 21 , 2019