# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 170830V Filed: July 5, 2019

UNPUBLISHED

DEANNA WILLIAMS,

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)

Shealene Priscilla Mancuso, Muller Braz il, LLP, Dresher, PA, for petitioner. Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

Dorsey , Chief Special Master:

On June 20, 2017, petitioner filed a petit ion 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 a shoulder injury related to vaccine injury (“SIRVA”) as a result of her October 22, 2014 influenza (“flu”) vaccination. Petition at 1- 2. The case was assigned to the Special Pr ocessing Unit of the Office of Special

Masters.

On January 31, 2019, a ruling on entitle ment was issued, finding petitioner entitled to compensation for SIRVA. On July 3, 2019, respondent filed a proffer on award of compensation (“Proffer”) indica ting petitioner should be awarded $70,688.05

1 The undersigned 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 unwar ranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits wi thin 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 Because this unpublished decision contains a reasoned explanation for the action in this case, undersigned is required to post it on the United States Court of Federal Claims'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).

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 Ac t will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012).2 consisting of $70,000.00 to pet itioner and $688.05 for satisf action of the State of

California Medicaid lien. Proffer at 1. In the Proffer, res pondent represented that petitioner agrees with t he 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 stat ed in the attached Proffer, the undersigned awards the following:

(1) a lump sum of $70,000.00 in the form of a check payable to petitioner; and

(2) a lump sum payment of $688.05, representing compensation for

satisfaction of the State of Californ ia Medicaid lien, payable jointly to petitioner and

Department of Health Care Services Recovery Branch - MS 4720

P.O. Box 997421 Sacramento, CA 95899-7421.

Petitioner agrees to endorse this payment to the State. These amounts 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/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master

3 Pursuant to Vaccine Rule 11(a), entry of judgment c an be expedited by the parties’ joint filing of notice renouncing the right to seek review.1 THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

DEANNA WILLIAMS,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Res pondent. No. 17-830V Chief Special Master Nora Beth Dorsey

ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On January 31, 2018, the Court ente red its “Finding of Fact and Ruling on Entitlement,”

finding petitioner entitled to compensation. 1 Respondent now proffers that the Court award the

following for all compensation f or damages available under 42 U .S.C. § 300aa-15(a):

(1) A lump sum of $70,000.00 in the form of a check payable to petitioner; 2 and

(2) A lump sum payment of $688.05, representing compensation f or satisfaction of the

State of California Medicaid l ien, payable jointly to petitione r and

Department of Health Care Services Recovery Branch - MS 4720

P.O. Box 997421 Sacramento, CA 95899-7421.

Petitioner agrees to endorse this payment to the State.

1 Respondent reserves the right t o seek review of the Court’s “ Finding of Fact and Ruling on Entitlement,” pursuant to 42 U.S .C. § 300aa-12(e), following th e issuance of a decision by the Chief Special Master ordering the entry of final judgment.

2 Should petitioner die prior to e ntry of judgment, the parties reserve the right to move the Court for appropriate relief. In pa rticular, respondent would oppose any award for future medical expenses, future pain and su ffering, and future lost wages.2 Petitioner agrees with t he proffered award of $70,000.00, in a ddition to $688.05 to satisfy

the aforementioned Medicaid lien. 3

Respectfully submitted,

JOSEPH H. HUNT Assistant Attorney General

C. SALVATORE D’ALESSIO

Acti ng Director

Torts Branc h, Civil Division

CATHARINE E. REEVES Deputy Director

Torts Branc h, Civil Division

GABRIELLE M. FIELDING

Assistant Director

Torts Branc h, Civil Division

s/ RYAN D. PYLES

RYAN D. PYLES Trial Attorney Torts Branch, Civil Division U.S. Department of Justice

P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146 Tel: (202) 616-9847

Dated: July 3, 2019

3 This proffer does not include a ny award for attorneys’ fees a nd costs that may be awarded pursuant to 42 U.S .C. § 300aa-15(e).