# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 14

- 795 V

Filed: June 24 , 2015

Unpublished

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

LINDA HEEG

, *

*

Petitioner, * Damages Decision Based on Proffer;

* Influenza or Flu Vaccine;

* Shoulder Injury Related to

SECRETARY OF H EALTH * Vaccine Administration [ “ SIRVA ” ] ;

AND HUMAN SERVICES, * Special Processing Unit [ “ SPU ” ]

*

Respondent. *

*

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

Maximillian Muller

, Esq.

, Muller Brazil, LLP, Philadelphia, PA , for petitioner.

Camille Collett

, Esq., U.S. Department of Justice, Washington, DC for respondent.

DECISION AWARDING DAMAGES 1

Vowell

, Chief Special Master:

On August 29, 2014

, Linda Heeg 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”]. Peti tioner alleges that s he suffered a shoulder inj ury which

was caused by the influenza vac cine she received on September 23 , 2013

. Petit ion at

1

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

Masters.

On May 14 , 2015 , I issued a ruling on entitlement, finding petitioner entitled to

compensation for her shoulder injury related to vaccine administration [“SIRVA”] . On

June 23 , 2015 , respondent filed a p roffer on a ward of compensation [“Proffer”]

indicating petitioner should be awarded $ 1 30,000.00 which “ represents all elements of

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

- 15(a). ”

Proffer at 1

.

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I inte nd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 amended at 44 U.S.C. § 3501

note (2006)) . In accordance with Vaccine Rule 18(b), petitione r 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 agree that the identified material fits withi n this definition, I will redact such

m aterial 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 (2006).2

Pursuant to the terms stated in the attached Proffer, I award petitioner a lump

sum payment of $ 130,000.00 in the form of a check payable to petitioner, Linda

Heeg

. 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/Denise K. Vowe ll

Denise K. Vowell

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.IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

LINDA HEEG

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent

. No. 14

- 795 V

Chief Special Master Denise Vow ell

ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On May 14, 2015, respondent filed her Rule 4(c) Report, in which she conceded

entitlement. On May 14 , 2015, the Court issued a Ruling on Entitlement, finding that petitioner

is entitled to co mpensation. Respondent now proffers that petitioner receive an award of a lump

sum of $130,000.00 in the form of a check payable to petitioner. This amount represents

compensation for all elements of compensation under 42 U.S.C. § 300aa

- 15(a) to which

pe titioner is entitled. 1 This proffer does not address final attorneys’ fees and litigation costs.

Petitioner is additionally entitled to reasonable attorneys’ fees and litigation costs, to be

determined at a later date upon petitioner submitting substanti ating documentation.

Petitioner agrees with the proffered award of $130,000.00

.

Respectfully submitted,

BENJAMIN C. MIZER

Principal Deputy Assistant Attorney General

1 Should petitioner die prior to the 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 expenses, future lost earnings, and future pain and suffering. Case 1:14-vv-00795-UNJ Document 34 Filed 06/23/15 Page 1 of 22 RUPA BHATTACHARYYA

Director

Torts Branch, Civil Division

VINCENT J. MATANOSKI

Deputy Director

Torts Branch, Civil Division

LINDA S. RENZI

Senior Trial Counsel

Torts Branch, Civil Division

s/ Camille M. Collett

CAMILLE M. COLLETT

Trial Counsel

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

Benjamin Franklin Station

Washington, D.C. 20044

- 0146

Telephone: (202) 616

- 4098

Dated: June 2 3 , 2015 Case 1:14-vv-00795-UNJ Document 34 Filed 06/23/15 Page 2 of 2