# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 17

- 1338 V

Filed: December 20, 2018

UNPUBLISHED

C RIS D. SALAZAR

,

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)

A nthony G. Lopez, Anthony G. Lopez, Attorney at Law, Taos, NM , for petitioner.

Claudia Barnes Gangi

, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

Dorsey

, Chief Special Master:

On September 26, 2017

, petitioner 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 after receiving the trivalent influenza vaccine on

October 12, 2015, she suffered the Table Injury of shoulder injury related to vaccine

administration (“SIRVA”) . Petit ion at ¶ 1

. The case was assigned to the Special

Processing Unit of the Office of Special Masters.

On December 7, 2018

, a ruling on entitlement was issued , finding petitioner

entitled to compensation for her SIRVA . On December 20, 2018 , respondent filed a

p roffer on a ward of compensation (“Proffer”) indicating petitioner should be awarded

$ 160,233.27, representing compensation in the amount of $157,500.00 for pain and

1 The un dersigned 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 iden tified material fits within this definition, the undersigned will redact such

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 Because this unpublished decision contains a reasoned explanation for the

action in this case, undersigned is required to post it on the United State s 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, 10 0 Stat. 3755. Hereinafter, for

ease of citation, all “§” references to the Vaccine Act will be to the pertinent subpara graph of 42 U.S.C. §

300aa (2012 ).2

suffering and in the amount of $2,733.27 for petitioner ’ s past out

- of

- pocket medical

e xpenses

. 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 $ 160,233.27 , representing compensation in the

amount of $157,500.00 for pain and suffering and in the amount of $2,733.27 for

actual unreimbursable expenses in the form of a check payable to petitioner, Cris

D. Salazar

. This amount represents compensation for all damages that w ould 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.IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

_________________________________________ )

CRIS SALAZAR

, )

)

Petitioner, )

) No. 17

- 1 338 V

v. ) Chief Special Master Dorsey

) ECF

SECRETARY OF HEALTH AND )

HUMAN SERVICES, )

)

Respondent. )

__________________________________________)

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Items of Compensation

On December 4 , 2018, respondent conceded that entitlement to compensation was

appropriate under the terms of the Vaccine Act. On December 7 , 2018, Chief Special Master

Dorsey issued a Ruling on Entitlement, finding that petitioner was entitled to vaccine

compensation for her Shoulder Injury Related to Vaccine Administration (“SIRVA”). Based

upon the evidence of record, respondent proffers that petitioner should be awarded $ 160,233.27

.

The award is comprised of the following: $ 157,500 .00 for pain and suffering; and $ 2,733.27 for

past out

- of

- pocket medical expenses

. This amount represents all elements of compensation to

which petitioner would be entitled under 42 U.S.C. § 300aa

- 15(a)

.

II. Form of the Award

The parties recommend that compensation provided to petitioner should be made through2 a lump sum payment of $ 160,233.27 , in the form of a check payable to petitioner. 1 Petitioner

agrees.

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

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

HEATHER L . PEARLMAN

Assistant Director

Torts Branch, Civil Division

/s/ Claudia B. Gangi

CLAUDIA B. GANGI

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

- 4138

Email: claudia.gangi@usdoj.gov

Dated: December 20 , 2018

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 pain and

suffering.