# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 19

- 1617 V

UNPUBLISHED

CHRISTA CARDENAS

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: May 10, 2021

Special Processing Unit (SPU);

Damages Decision Based on Proffer;

Influenza (Flu) Vaccine; Shoulder

Injury Related to Vaccine

Administration (SIRVA)

Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA , for petitioner.

Lara Ann Englund

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

DECISION AWARDING DAMAGES 1

On October 16, 2019

, Christa Cardenas 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 shoulder injuries as a result of an

influenza vaccine administered on October 31, 2018

. Petition at 1

. The case was

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

On April 27, 2021

, a ruling on entitlement was issued , finding P etitioner entitled to

compensation for a Shoulder Injury Related to Vaccine Administration . On May 10, 2021

, R espondent filed a p roffer on a ward of compensation (“Proffer”) indicating P etitioner

should be awarded $ 58,039.67

. Proffer at 1

- 2

. 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.

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am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

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

• A lump sum payment of $57,719.34 (re present ing compensation in the

amount of $55,000.00 for pain and suf fering, $506.34 for lost wages, and

$2,213.00 for unreimbursable medical expenses )

.

• A lump sum payment of $320.33 representing compensation for

satisfaction of the Texas Medicaid & Healthcare Partnership lien, payable

jointly to P etitioner and

TMHP TPL

- Tort Depart ment

Attn: Tort Receivables

P.O. Box 202948

Austin, TX 78720

- 2948

Case number: 999992535304240

Petitioner agrees to endorse this check to TMHP TPL

- Tort Department.

These amount s represent 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 fil ing of notice

renouncing the right to seek review.IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

CHRISTA CARDENAS, )

)

Petitioner, )

)

v. ) No. 19

- 1617V

) Chief Special Master Brian Corcoran

SECRETARY OF )

HEALTH AND HUMAN SERVICES, )

)

Respondent. )

)

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On April 27 , 2021, respondent filed a Vaccine Rule 4(c) report concluding t hat petitioner

suffered a Shoulder Injury Related to Vaccine Administration (“SIRVA”) within the Table

timeframe following an influenza vaccination, which was compensable under the National

Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C. §§ 300 aa

- 1 to

- 34. Accordingly,

on April 27 , 2021, the Chief Special Master issued a Ruling on Entitlement.

I. Items of Compensation

Respondent proffers that petitioner should be awarded $ 55 ,000.00 for pain and suffering

,

$506.34 for lost wages, $2,213.00 for unreimbursable medical expenses, and $ 320.33 to satisfy a

Medicaid lien asserted by Texas Medicaid & Healthcare Partnership

. These amounts represent

all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa

- 15(a).

Petitioner agrees.

II. Form of the Award

Respondent recommends that the compensation provided to petitioner should be made in

the form of two lump sum pa yment s:2 A. A lump sum payment of $ 57,719.34

, representing comp ensation for pain and

suffering, lost wages, and unreimbursable medical expenses, in the form of a check

payable to petitioner

. 1

B. A lump sum payment of $ 320.33 representing compensation for satisfaction of the

Texas Medicaid & Healthcare Partnership lien, payable jointly to petitioner and

TMHP TPL

- Tort Department

Attn: Tort Receivables

P.O. Box 202948

Austin, TX 78720

- 2948

Case number: 999992535304240

Petitioner agrees to endorse this check to TMHP TPL

- Tort Department

.

Th e s e payment s represent a ll elements of compensation to which petitioner is entitled

under 42 U.S.C. § 300aa

- 15(a). Petitioner agrees.

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

Respectfully submitted,

BRIAN M. BOYNTON

Acting Assis tant 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 Bra nch, Civil Division

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 pain and suffering, and future lost wages.3 s/ LARA A. ENGLUND

LARA A. ENGLUND

Assistant Director

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146 Benjamin Franklin Station

Washington D.C. 20044

- 0146

Tel: (202) 307

- 3013

E

- mail: lara.a.englund@usdoj.gov

Dated: May 10 , 2021