# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 19

- 76 V UNPUBLISHED

MAXI NE PAUL

,
Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: May 18, 2020

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

John Robert Howie, Howie Law, PC, Dallas, TX , for P etitioner.

Robert Paul Coleman, III , U.S. Department of Justice, Washington, DC, for R espondent.

DECISION AWARDING DAMAGES 1

On January 15, 20 19

, Maxine Paul 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 SIRVA after receiving the flu

vacc ine on January 29, 201 8

. Petition at 1 . The case was assigned to the Special Processing Unit of the Office of Special Masters.

On March 13, 2020

, a ruling on entitlement was issued , finding P etitioner entitled to compensation for SIRVA . On May 15, 2020

, R espondent filed a p roffer on a ward of compensation (“Proffer”) indicating P etitioner should be awarded $ 47,500.00

. Proffer at 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.

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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

Pursuant to the terms stated in the attached Proffer, I award P etitioner a lump sum payment of $ 47.500.00 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 filing of notice renouncing the right to seek review.IN THE UNITED STATES CO URT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS

___________________________________ ) MAXINE PAUL, ) ) Petitioner, ) ) No. 19-76V

v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH ) AND HUMAN SERVICES, ) ) Respondent. ) ____________________________________)

PROFFER ON AWARD OF COMPENSATION 1

I. Procedural History

On January 15, 2019, Maxine Paul ( “petitioner”) filed a Petition (“Petition”) for

compensation under the National Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C.

§§ 300aa-1 to -34 (“Vaccine Act”). Petitioner alleges that she suff ered from a shoulder injury

related to vaccine administration (“SIRVA”) as a result of receiving an influenza vaccination in

her left shoulder on January 29, 2018. Petition at 1.

On March 11, 2020, respondent filed a Vacci ne Rule 4(c) Report concluding that

petitioner suffered a SIRVA as defined by the Va ccine Injury Table, and on March 13, 2020, the

Court found petitioner entit led to compensation.

II. Items of Compensation

The parties agree that based upon the eviden ce of record, petitioner is entitled to

com pensation for actual pain and suffering. Therefor e, respondent proffers that petitioner should

1 This Proffer does not include a ttorneys’ fees and costs, which th e parties intend to discuss after the Damages Decision is issued.2 be awarded actual pain and suffering damages as provided under the Vaccine Act, 42 U.S.C. §

300aa-15(a)(4). Respondent proffers that the ap propriate award for petitioner’s actual pain and

suffering is $47,500.00. Petitioner agrees.

III. Form of the Award

Respondent recommends that the compensa tion provided to petiti oner should be m ade

through a lump sum payment as described below, and requests that the Ch ief Special Master’s

decision and the Court’s judgment award the following: 2

A lump sum payment of $47,500.00, representing compensation for actual pain and

suffering, in the form of a check payabl e to petitioner. 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

2 Should petitioner die prior to entry of judgment, the parties rese rve the right to move the Court for appropriate relief. In particular, res pondent would oppose any award for future medical expenses, future lost earnings , and future pain and suffering.3 s/ Robert P. Coleman III ROBERT P. COLEMAN III 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) 305-0274 Email: Robert.P.Coleman@usdoj.gov DATED: May 15, 2020