# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS
No. 16

- 1050 V
Filed: May 12, 2017
UNPUBLISHED

* * * * * * * * * * * * * * * * * * * * * * * * * * * *
KEL S EY HANSTEAD , *
* Petitioner, * Damages Decision B ased on Proffer;

v. * Influenza ; * Shoulder Injury; SIRVA ; SECRETARY OF HEALTH * Special Processing Unit (“SPU”) AND HUMAN SERVICES, *
* Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC

, for petitioner.
Ann Donohue Martin , U .S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

Dorsey

, Chief Special Master:

On August 24, 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 she suffered a shoulder injury related to vaccine administration (“SIRVA”) as a result of her September 29, 2015
influenza vaccination

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

On December 8, 2016

, a ruling on entitlement was issued , finding petitioner entitled to compensation for S IRVA . On May 12, 2017, respondent filed a p roffer on

a ward of compensation (“Proffer”) indicating petitioner should be awarded $1 56,063.00

. Proffer at 1. In the Proffer, respondent represented that petitioner agrees with 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1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intend s to post it on the United States Court of Federal Claims'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 proffered award. 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 $1 56,063.00 in the form of a check payable to petitioner, K elsey Hanstead

. 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

____________________________________ ) KELSEY HANSTEAD, ) ) Petitioner, ) ) No. 16-1050V v. ) Chief Special Master Dorsey ) ECF

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

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Items of Compensation

For purposes of this proffer, the term “vaccine-related” is as described in Respondent’s

Rule 4(c) Report, filed on December 5, 2016, conceding entitlement in this case. Based upon the

evidence of record, respondent proffers that petitioner should be awar ded $ 156,063.00, which

represents all elements of compensation to which petitioner would be entitled under 42 U.S.C.

§ 300aa-15(a) for her vaccine

- related injury

. 1 Petitioner agrees.

II. Form of the Award

The parties recommend that the compe nsation provided to petitioner should be made

through a lump sum payment of $156,063.00 in the form of a check payable to petitioner.

Petitioner agrees.

Respectfully submitted,

CHAD A. READLER Acting Assistant Attorney General

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 oppo se any award for future medical expenses, future lost earnings, and future pain and suffering.2 C. SALVATORE D’ALESSIO Acting Director Torts Branch, Civil Division

CATHARINE E. REEVES Deputy Director Torts Branch, Civil Division

LINDA S. RENZI

Senior Trial Counsel Torts Branch, Civil Division

s/ Ann D. Martin

ANN D. MARTIN 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.: (2 02) 307-1815

DATED: May 12, 2017