# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 15

- 349 V

Filed: October 5, 2015

Unpublished

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

ARIKA BROWNE

, *

*

Petitioner, * Damages Decision Based on Proffer;

* Influenza; Shoulder Injury (“SIRVA”)

* Special Processing Unit (“SPU”)

SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

*

Respondent. *

*

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

Andrew Downing, Van Cott & Talamante, PLLC, Phoenix, AZ , for petitioner.

Claudia Barnes Gangi , U.S. Department of Justice, Washington, DC for respondent.

DECISION AWARDING DAMAGES 1

Dorsey

, Chief Special Master:

On April 7, 2015

, Arika Browne filed a petition for compensation under the

National Vaccine Injury Compensation Program, 42 U.S.C. §300aa

- 10, et seq

. , 2 [ the

“Vaccine Act” or “Program”]. Petitioner alleges that she suffered a left shoulder injury as

a result of the administration of an influenza vaccine . Petit ion at 1

. The case was

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

On August 20, 2015

, a ruling on entitlement was issued , finding petitioner entitled

to compensation for a Shoulder Injury Related to Vaccine Administration (“SIRVA”) . On

October 5, 2015 , respondent filed a p roffer on a ward of compensation [“Proffer”]

indicating petitioner should be awa rded $37,000.00 for lost earnings, $85,000.00 for

actual and projected pain and suffering, and $4,000.00 for past unreimbursable

expenses, amounting to a total award of $126,000.00

. Proffer at 1

- 2

.

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I inte nd

to post it on the United States Court of Federal Claims' website, in accordance with the E

- Government

Act of 2002, Pub. L. No. 107

- 347, § 205, 116 Stat. 2899, 2913 (codified as amende d at 44 U.S.C. § 3501

note (2006 )) . In accordance with Vaccine Rule 18(b), petitioner has 14 day s 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 ag ree that the identified material fits withi n 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 subpara graph of 42 U.S.C. §

300aa (2012 ).Pursuant to the terms stated in the attached Proffer, I award petitioner a lump

sum payment of $126,000.00 in the form of a check payable to petitioner, Arika

Browne

. 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

s/Nora Beth Dorsey

Nora Beth Dorsey

Chief Special Master

3 Pursuant to Vaccine Rule 11( a), entry of judgment can be expedited by each party filing a notice

renouncing the right to seek review.1 IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

_________________________________________ )

ARIKA BROWNE

, )

)

Petitioner, )

) No. 15

- 349 V

v. ) Chief Special Master Dorsey

) ECF

SECRETARY OF HEALTH AND )

HUMAN SERVICES, )

)

Respondent. )

)

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Items of Compensation

A. Future Medical Care Expenses

Respondent proffers that based on the evidence of record, petitioner is not entitled to an

award for projected unreimbursable medical care expenses incurred from the date of judgment as

provided under 42 U.S.C. § 300aa

- 15(a)(1)(A). Petitioner agrees.

B. Lost Earnings

The parties agree that based upon the evidence of record, Arika Browne has suffered a

past loss of earnings as a result of her vaccine

- related injury. Therefore, respondent proffers that

the Court should award Arika Browne a lump sum of $ 37,000 .00 for her lost earnings as

provided under the Vaccine Act, 42 U.S.C. § 300aa

- 15(a)(3)(A). Petitioner agrees.

C. Pain and Suffering

Respondent proffers that the Court should award Arika Browne a lump sum of

$ 8 5 ,000.00 for her actual and projected pain and s uffering. This amount reflects that the award2 for projected pain and suffering has been reduced to net present value. See § 300aa

- 15(a)(4).

Petitioner agrees.

D. Past Unreimbursable Expenses

Evidence supplied by petitioner documents Arika Browne ’s expendit ure of past

unreimubursable expenses as a result of her vaccine

- related injury. Respondent proffers that the

Court should award Arika Browne a lump sum of $ 4,000.00 for past unreimbursable expenses as

provided under the Vaccine Act, 42 U.S.C. § 300aa

- 15(a )( 1 )(A). Petitioner agrees.

E. Medicaid Lien

Petitioner represents that there are no outstanding Medicaid liens related to her vaccine

related injury.

II. Form of the Award

The parties recommend that the compensation provided to petitioner should be made

throug h a lump sum payment as described below and request that the Chief Special Master’s

decision and the Court’s judgment award the following 1 : a lump sum payment of $ 126,000.00

,

repr esenting compensation for lost earnings ($ 37,000 .00), pain and suffering ($ 8 5,000.00), and

past unreimbursable expenses ($ 4,000.00 ), in the form of a check payable to petitioner

, Arika

Browne

.

III. Summary of Recommended Payment Following Judgment

L ump sum payable to petitioner: $ 126,000.00

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 pain and

suffering.3 Respectfully submitted,

BENJAMIN C . MIZER

Principal Deputy Assistant Attorney General

RUPA BHATTACHARYYA

Director

Torts Branch, Civil Division

VINCENT J. MATANOSKI

Deputy Director

Torts Branch, Civil Division

MICHAEL P. MILMOE

Senior Trial Counsel

Torts Branch, Civil Division

/s/ Claudia B. Gangi

CLAUDIA B. GANGI

Senior Trial Attorney

Torts Branch, Civil Division

U. S. Department of Justice

P.O. Box l46, Benjamin Franklin Station

Washington, D.C. 20044

- 0146

Direct dial: (202) 616

- 4357

Fax: (202) 616

- 4 138

Dated: October 5 , 2015