# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 16

- 232 V

Filed: September 9, 2016

UNPUBLISHED

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

MELISSA WAGNER , *

* Petitioner, * Damages Decision B ased on Proffer;

v. * Influenza (“Flu”) Vaccination ; Shoulder

* Injury Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit AND HUMAN SERVICES, * (“SPU”)

* Respondent. *

*

* * * * * * * * * * * * * * * * * * * * * * * * * * * * Mark L. Krueger, Krueger & Hernandez, S.C., Baraboo, WI

, for petitioner.

Justine Elizabeth Walters , U .S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

Dorsey

, Chief Special Master:

On February 17, 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 she suffered left shoulder synovitis and adhesive capsulitis that was caused

- in

- fact by her October 16, 2014 influenza (“flu”) vaccination

. Petit ion at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On August 8, 2016

, a ruling on entitlement was issued , finding petitioner entitled to compensation for a shoulder injury related to vaccine administration (“SIRVA”) . On September 8, 2016 , respondent filed a proffer on a ward of compensation (“Proffer”) indicating petitioner should be awarded $ 122,500.00

. Proffer at 1. In the Proffer, respondent represented that petitioner agrees with the proffered award. Based on the

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intend s to post it on the United States Court of Federal Claims'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 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 $1 22,500.00 in the form of a check payable to petitioner, M elissa Wagner

. Th is amount represent s 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.IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

____________________________________ )

MELISSA WAGNER , ) ) Petitioner, ) ) v. ) No. 16-232V ) Chief Special Master Dorsey ) ECF

SECRETARY OF HEALTH AND ) SPU HUMAN SERVICES, ) ) Respondent. ) ____________________________________)

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On February 17 , 2016, petitioner, Melissa Wagner , filed a petition for compensation

under the Nationa l Childhood Vaccine I njury Act, 42 U.S.C. §§ 300aa-1 to - 34 (“Vaccine Act”),

alleging that s he developed a left shoulder injury as a result of receiving a n influenza vaccination

on O ctober 16, 2014. On August 5, 2016, responde nt filed her Rule 4(c) Report stating that

petitioner’s left shoulder injury is consistent with a shoulder injury related to vaccine

administration (“ SIRVA ”) and conceding that her SIRVA is compensable under the Vaccine

Act. Accordingly, on August 8, 2016, Chief Special Master Dorsey issued a Ruling on

Entitlement finding that petitioner is entitled to compensation for her SIRVA.

I. Items of Compensation

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

$122,500.00, which r epresents all elements of compensation to which petitioner is entitled under

42 U.S.C. § 300aa- 15(a). 1 Petitioner agrees.

1 Should petitioner die prior to 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

- II. Form of the Award

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

through a lump sum payment of $122,500.00 in the form of a check payable to petitioner.

Petitioner agrees.

Respectfully submitted,

BENJAMIN C. MIZER Principal Deputy Assistant Attorney G eneral

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

CATHARINE E. REEVES Acting Deputy Director Torts Branch, Civil Division

ANN D. MARTIN

Senior Trial Attorney Torts Branch, Civil Division

s/ Justine Walters

__________ JUSTINE WALTERS 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) 307-6393

DATE: September 8 , 2016