# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 19

- 1523 V
UNPUBLISHED

AMELIA LUN DY

,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: May 19, 2021

Special Processing Unit (SPU); Damages Decision Based on Proffer; Influenza (Flu) Vaccine; Shoulder Injury Related to Vaccine Administration (SIRVA)

Paul R. Brazil, Muller Brazil, LLP, Dresher, PA , for P etitioner.

Colleen Clemons Hartley , U.S. Department of Justice, Washington, DC, for

R espondent.

DECISION AWARDING DAMAGES 1

On October 2, 2019

, Amelia Lundy 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 a shoulder injury related to vaccine administration ( “ SIRVA ” ) as a result of an influenza ( “ flu ” ) vaccine administered to her on October 17, 2018

. Petition at 1

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

On April 16, 2021

, a ruling on entitlement was issued , finding P etitioner entitled to compensation for SIRVA . On May 19, 2021

, R espondent filed a p roffer on a ward of compensation (“Proffer”) indicating P etitioner should be awarded $ 63,455.46 ( comprised of $62,500.00 for pain and suffering and $955.46 for past unreimbursable expenses)

.

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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

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.

Pursuant to the terms stated in the attached Proffer, I award P etitioner a lump sum payment of $ 63,455. 46 (com prised of $62,500. 00 for pain and suffering and $955.46 for past unreimbursable 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 fil ing of notice renouncing the right to seek review.IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

AMELIA LUNDY

,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. ) ) ) ) ) ) ) ) ) ) ) ) No. 19

- 1523 V Chief Special Master Corcoran

ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On October 2, 2019, Amelia Lundy (“petitioner”) filed a petition for compensation under

the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa

- 1 to

- 34 (“Vaccine Act”

or “Act”) , alleging that s he suffered a S houlder I njury R elated to Vaccine Administration

(“SIRVA”)

, as defined in the Vaccine Injury Table, following administration of an influenza

va ccine s he received on October 17, 2018

. Petition at 1. On April 16, 2021 , the S ecretary of

Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that this case is

appropriate for compensation under the terms of the Act for a SIRVA Table injury , and on the

same day

, the Chief Special Master issued a Ruling on Entitlement finding petitioner entit led to

compensation. ECF No. 31; ECF No. 32

.

I. Items of Compensation

A. Pain and Suffering

Respondent proffers that petitioner should be awarded $ 62,500.00 in pain and suffering

.

See 42 U.S.C. § 300aa

- 15(a)(4). Petitioner agrees.2 B. Past Unreimbursable Expenses

Evidence supplied by petitioner documents that s he incurred past unreim bursable

expenses related to her vaccine

- related injury. Respondent proffers that petitioner should be

awarded past unreimbursable expenses in the amount o f $955.46

. See 42 U.S.C. § 300aa

15(a)(1)(B). Petitioner agrees.

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

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

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

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

the Court’s judgment award the following 1 : a lump sum payment of $ 63,455.46

, in the form of a

check payable to petitioner.

III. Summary of Recommended Payments Following Judgment

Lump sum p ayable to petitioner, Amelia Lundy : $ 63,455.46

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

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 lost earnings and future pain and suffering.3 ALEXIS B. BABCOCK

Assistant Director
Torts Branch, Civil Division

/s/ Colleen C. Hartley

COLLEEN C. HARTLEY 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

- 3644 Email: colleen.hartley@usdoj.gov

DATED: May 19, 2021