# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 19

- 13 77 V

UNPUBLISHED

KIM BOYER

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: April 2, 2021

Special Processing Unit (SPU);

Damages Decision Based on Proffer;

Influenza (Flu) Vaccine; Shoulder

Injury Related to Vaccine

Administration (SIRVA)

Amy A. Senerth, Muller Brazil, LLP, Dresher, PA , for petitioner.

Christine Mary Becer , U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

On September 10, 2019

, Kim Boyer 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 s he suffered a shoulder injury related to vaccine

administration (“SIRVA”) caused by an influenza (“flu”) vaccine administered on October

12 , 2017

. Petition at 1

. Petitioner further alleges that the vaccine was administered within

the United States, that he suffered the effects of his injury for six months or more, and

that there has been no award or settlement for his injury . Petition at 1, 5

- 6

. The case was

assigned to the Special Processing Unit of the Office of Special Masters.

On February 22, 2021

, a ruling on entitlement was issued , finding P etitioner

entitled to compensation for a SIRVA . On April 1, 2021

, R espondent filed a p roffer on

a ward of compensation (“Proffer”) indicating P etitioner should be awarded $ 110,220.2 5

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am

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) (Fe deral Management and Promotion of Electronic

Government Services). 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 othe r information, the disclosure of which would constitute an unwarranted invasion of privacy.

If, upon review, I agree that the identified material fits within this definition, I will redact such material from

public access.

2 National Childhood Vaccine In jury 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 consisting of $ 110 ,000.00 for pain and suffering, and $ 220.25 for out

- of

- pocket expenses

. Proffer at 1

. In the Proffer, R espondent represented that P etitioner agrees with the

proffered award. Id. Based on the record as a whole, I find that P etitioner is entitled to an

award as stated in the Proffer.

Pursuant to the terms stated in the attached Proffer, I award P etitioner a lump

sum payment of $ 110, 220.25 consisting of $ 110 ,000.00 for pain and suffering, and

$ 220.25 for out

- of

- pocket expenses in the form of a check payable to P etitioner

. 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/Brian H. Corcoran

Brian H. Corcoran

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

____________________________________ )

KIM BOYER, )

)

Petitioner, )

) No. 19

- 1377V

v. ) Chief Special Master Corcoran

) ECF

SECRETARY OF HEALTH AND )

HUMAN SERVICES, )

)

Respondent. )

____________________________________)

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Procedural History

On February 19, 2021 , respondent filed a Vaccine Rule 4(c) report concluding that

petitioner sustained the onset of a left shoulder injury related to vaccine administration

(“SIRVA”) wit hin the Table time period following an influenza vaccine, and therefore sustained

an injur y that is compensable under the terms of the National Childhood Vaccine Injury Act of

1986, as amended, 42 U.S.C. §§300aa

- 10 to

- 3 4. Accordingly, on February 22, 2021 , the Chief

Special Master issued a Ruling on Entitlement, finding that petitioner was en titled to vaccine

compensation for SIRVA following the influenza vac cine s he received on October 12, 2017

.

II. Items of Compensation

Respondent proffers that petitioner should be awarded $ 110 ,000.00 for pain and suffering

and $220.25 for out

- of

- pocket expenses

.

This represents all elements of compensation to which petitioner is entitled under 42

U.S.C. § 300aa

- 15(a). Petitioner agrees.2 III. Form of the Award

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

Respondent rec ommends that the compensation provided to petitioner should be made through a

lump sum payment as described below and requests that the Chief Special Master’s decision and

the Court’s judgment award the following 1 : a lump sum payment of $ 110,220.25

, in th e form of

a check payable to petitioner.

IV. Summary of Recommended Payments Following Judgment

Lump sum payable to petitioner, Kim Boyer : $ 110,220.25

Respectfully submitted,

BRIAN M. BOYNTON

Acting Assistant Attorney General

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division

HEATHER L. PEARLMAN

Acting Deputy Director

Torts Branch, Civil Division

ALEXIS B. BABCOCK

Assistant Director

Torts Branch, Civil Division

s/Christine Mary Becer

CHRISTINE MARY BECER

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

- 3665

DATED: April 1, 2021

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.