In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 12-397V

(E-Filed: September 10, 2014)

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

JENNAH QUTUB, * UNPUBLISHED

*

 Petitioner, * Special Master Hamilton-Fieldman

* 

v. * 

* Influenza (“Flu”) Vaccination;

SECRETARY OF HEALTH AND * Shoulder Injury Related to Vaccine 

HUMAN SERVICES, * Administration (“SIRVA”); Decision;

* Proffer.

Respondent. * 

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

Clifford J. Shoemaker, Shoemaker and Associates, Vienna, VA, for Petitioner.

Lisa A. Watts, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES1

On June 20, 2012, Petitioner, Jennah Qutub, filed a petition seeking compensation 

under the National Vaccine Injury Compensation Program (“the Vaccine Program”). 

Petitioner alleged that the administration of an influenza vaccination on January 25, 2011, 

caused her to suffer a shoulder injury related to vaccine administration (“SIRVA”).2 

 

1

 Because this unpublished decision contains a reasoned explanation for the 

undersigned’s action in this case, the undersigned intends to post this decision on the 

United States Court of Federal Claims’ website, in accordance with the E-Government 

Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 

44 U.S.C. § 3501 note (2006)). As provided by Vaccine Rule 18(b), each party has 14 

days within which to request redaction “of any information furnished by that party: (1) 

that is a trade secret or commercial or financial in substance and is privileged or 

confidential; or (2) that includes medical files or similar files, the disclosure of which 

would constitute a clearly unwarranted invasion of privacy.” Otherwise, “the entire” 

decision will be available to the public. Id.

2

 The National Vaccine Injury Compensation Program is set forth in Part 2 of the 

National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, 
Respondent submitted in a Proffer, filed on September 9, 2014, that based on the 

evidence of record, Petitioner should be awarded $206,652.15, and that Petitioner agrees

to this amount. 

The undersigned finds said proffer reasonable and adopts it as the decision of the 

Court in awarding damages, on the terms set forth therein. Pursuant to the terms stated in 

the attached Proffer, the undersigned awards Petitioner:

A lump sum total of $206,652.15, representing the discounted present value 

of Petitioner’s projected vaccine-related injury expenses ($10,111.08), past 

lost earnings ($42,528.00), pain and suffering ($153,792.00), and past 

un-reimbursable expenses ($221.07) in the form of a check payable to 

Petitioner.

Proffer Section II, III.

The undersigned approves the requested amounts for Petitioner’s compensation. 

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.3

IT IS SO ORDERED.

s/Lisa D. Hamilton-Fieldman

Lisa D. Hamilton-Fieldman

Special Master

 

codified as amended, 42 U.S.C.A. ' 300aa-10-' 300aa-34 (West 1991 & Supp. 2002) 

(Vaccine Act or the Act). All citations in this decision to individual sections of the 

Vaccine Act are to 42 U.S.C.A. ' 300aa.

3

 Pursuant to Vaccine Rule 11(a), entry of judgment is 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

________________________________________ 

JENNAH QUTUB, ) 

 ) ECF

 Petitioner, ) 

 ) 

v. ) No. 12-397V 

 ) Special Master

SECRETARY OF HEALTH AND HUMAN ) Lisa Hamilton-Fieldman

SERVICES, ) 

 ) 

 Respondent. ) 

 ) 

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Items of Compensation 

A. Life Care Items

 Respondent proffers that, based on the evidence of record, petitioner should be awarded 

$10,111.08 for projected unreimbursable medical expenses. This amount reflects that the award 

for projected unreimbursable expenses has been reduced to net present value. See 42 U.S.C. 

§ 300aa-15(a)(1), (f)(4)(A). Petitioner agrees. 

B. Lost Earnings 

The parties agree that based upon the evidence of record, it is unlikely that petitioner’s 

vaccine-related injury will impact her future employment. Thus, future lost earnings under 42 

U.S.C. § 300aa-15(a)(3)(A) are not appropriate in this case. However, petitioner did experience 

a total past loss of earnings in the amount of $42,528.00, and respondent proffers that amount be 

awarded to her. Petitioner agrees.

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C. Pain and Suffering 

 Respondent proffers that petitioner should be awarded $153,792.00 in actual and 

projected pain and suffering. This amount reflects that the award for projected pain and 

suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4), (f)(4)(A). 

Petitioner agrees. 

D. Past Unreimbursable Expenses

 Evidence supplied by petitioner documents her expenditure of past unreimbursable 

expenses related to her vaccine-related injury. Respondent proffers that petitioners should be 

awarded past unreimbursable expenses in the amount of $221.07. Petitioner agrees. 

E. Medicaid Lien

Petitioner represents that there are no Medicaid liens outstanding against her. 

II. Form of the Award

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

through a lump sum payment as described below, and request that the Special Master’s decision 

and the Court’s judgment award the following:

1

A. A lump sum payment of $206,652.15, representing the discounted present value 

of petitioner’s projected vaccine-related injury expenses ($10,111.08), past lost 

earnings ($42,528.00), pain and suffering ($153,792.00), and past un-reimbursable 

expenses ($221.07) in the form of a check payable to petitioner.

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 and future pain and suffering.

2 

 

 
 1. Guardianship 

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

III. Summary of Recommended Payments Following Judgment

A. Lump sum paid to petitioner for future vaccine-related expenses, 

 past unreimbursable expenses, past lost earnings, and 

 pain and suffering: $206,652.15 

 Respectfully submitted,

 STUART F. DELERY 

Assistant Attorney General

 

 RUPA BHATTACHARYYA

 Director

 Torts Branch, Civil Division 

 VINCENT J. MATANOSKI

Deputy Director

 Torts Branch, Civil Division 

 

 MICHAEL P. MILMOE. 

 Senior Trial Counsel 

 Torts Branch, Civil Division 

 s/Lisa A. Watts 

LISA A. WATTS

Senior Trial Attorney

 Torts Branch, Civil Division 

 U.S. Department of Justice 

 P.O. Box 146 

 Benjamin Franklin Station

Washington, D.C. 20044-0146 

 Telephone: (202) 616-4099 

Dated: September 9, 2014. 

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