# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 17

- 1279 V

Filed: June 6, 2019

UNPUBLISHED

RONALD BECKMAN

,

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)

Kate Gerayne Westad, Sie benCarey , Minneapolis, MN , for petitioner.

Glenn Alexander MacLeod , U.S. Department of Justice, Washington, DC, for

respondent.

DECISION AWARDING DAMAGES 1

Dorsey

, Chief Special Master:

On September 18, 2017

, 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 he suffered a Shoulder Injury Related to Vaccine

Administration (“SIRVA”) as a result of his September 19 , 2014 influenza (“flu”)

vaccination. Petit ion at 1

. The case was assigned to the Special Processing Unit of the

Office of Special Masters.

On December 11, 2018

, a ruling on entitlement was issued , finding petitioner

entitled to compensation for SIRVA . On June 5, 2019 , respondent filed a p roffer on

1 The un dersigned 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 unwarranted invas ion of privacy. If, upon review, the

undersigned agrees that the identified material fits within this definition, the undersigned will redact such

material from public access. Because this unpublished decision contains a reasoned explanation for the

actio n 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 Act will be to the pertinent subparagraph of 42 U.S.C. §

300aa (2012).2 a ward of compensation (“Proffer”) indicating petitioner should be awarded $ 75, 000.00

. Proffer at 1

. In the Proffer, respondent represented that petitioner agrees with the

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 stated in the attached Proffer, the undersigned award s

petitioner a lump sum payment of $ 75,000.00 in the form of a check payable to

petitioner, Ronald Beckman

. 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/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

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

*

RONALD BECKMAN, *

*

Petitioner, *

*

v

. * No. 17

- 1279V (ECF)

* CHIEF SPECIAL MASTER

* NORA BETH DORSEY

SECRETARY OF HEALTH *

AND HUMAN SERVICES

, *

*

Respondent. *

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

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On December 11, 2018, the Chief Special Master issued a ruling finding petitioner

entitled to compensation under the Vaccine Act for a right shoulder injury rela ted to vaccine

administration (“ SIRVA”), as a result of an influenza vaccination he received on September 19,

2014. Accordingly, respondent herein files his Proffer on the Award of Compensation for this

case.

I. Items of Compensation

Based upon the evidence of record, respondent proffer s that petitioner should be

awarded a lump sum total of $ 75

, 000.00

, which amount represents compensation for all elements

of damages to which petitioner would be entitled under 42 U.S.C. § 300aa

- 15(a)

. 1 Petitioner

agrees.

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

e xpenses and future pain and suffering

. This proffer does not include any award for attorneys’

fees and costs that may be awarded pursuant to 42 U.S.C. § 300aa

- 15(e).2 II. Form of the Award

The parties recommend that the compensation provided to pet itioner should be made

through a lump sum payment of $ 75,000.00 in the form of a check payable to petitioner , who is a

competent adult

. Petitioner agrees.

Respectfully submitted,

JOSEPH H. HUNT

Assistant Attorney General

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division

CATHARINE E. REEVES

Deputy Director

Torts Branch, Civil Division

HEATHER L. PEARLMAN

Assistant Director

Torts Branch, Civil Division

/ s/ GLENN A. MACLEOD

GLENN A. MACLEOD

Senior Trial Counsel

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146, Benjamin Franklin Station

Washington, D.C. 20044

- 0146

Tel.: (202) 616

- 4122

DATE: June 5, 2019