# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 20

- 1538 V UNPUBLISHED

HELENA MCHALE

,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: September 16, 2022

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

Bruce William Slane, Law Office of Bruce W. Slane, P.C., White Plains, NY , for
Petitioner.

Tyler King , U.S. Department of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES 1

On November 6, 2020

, Helena McHale 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 injury (“SIRVA”), a defined Table injury, after receiving the influenza vaccine on October 8, 2019 . Petition at 1, ¶¶ 2, 23

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

On July 22, 2022

, a ruling on entitlement was issued , finding P etitioner entitled to compensation for her SIRVA . On September 16, 2022

, R espondent filed a p roffer on

a ward of compensation (“Proffer”) indicating P etitioner should be awarded $ 62 ,500.00 for her pain and suffering and $ 225.02 for satisfaction of the S aratoga County Department

1 Because this unpublished D ecision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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 D ecision 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 f its 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 section references to the Vaccine Act will be to the pertinent subpara graph of 42 U.S.C. § 300aa (2012 ).2

of Social Services Medicaid lien

. 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 $ 6 2 ,7 25.02 as follows:

1. A lump sum payment of $ 62

, 5 00.00 in the form of a check payable to
Petitioner ; and

2. A lump sum payment of $ 225.02 , representing reimbursement of a Medicaid lien for services rendered to Petitioner by the Saratog a County Department
of Social Services , in the form of a check payable jointly to Petitioner and Saratoga County Department of Social Services

, and mailed to:

Saratog a County Department of Social Services

152 West High Street Ballston Spa, New York 12020

Proffer at 2

. Petitioner agrees to endorse the check to Saratoga C ou nty Department of
Social Services f or satisfaction of the Medicaid lien

. This amount represents compensation for all items of damages that would be available under Section 15(a)

. Id

.

T he Clerk of 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

___________________________________ ) HELENA MCHALE, ) ) No. 20-1538V ECF Petitioner, ) Chief Special Master Corcoran ) ECF v. ) ) SECRETARY OF HEALTH AND ) HUMAN SERVICES, ) ) Respondent. ) ____________________________________)

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION 1

On November 6, 2020, Helena McHale (“peti tioner”) filed a peti tion for compensation

(“petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1

to - 34, as amended . She alleges that she sustained a Shoulder Injury Related to Vaccine

Administration (“SIRVA”), as defined in the Vacc ine Injury Table, within the Table time period

following administration of an influenza (“flu”) vaccine sh e received on October 8, 2019. See

Petition. On July 22, 2022, respondent filed his V accine Rule 4(c) report, indicating that this

case is appropriate for compensa tion under the terms of the Act fo r a SIRVA Table injury. ECF

No. 35. On July 22, 2022, the Chief Special Master issued a ruling on enti tlement, finding that

petitioner was entitled to compensation for a SIRVA Table injury. ECF No. 37.

I. Compensation for Vaccin e Injury-Related Items

A. Pain and Suffering

Based upon the evidence of record, respondent proffers that petiti oner should be awarded

a lump sum of $62,500.00 for pain and suffering, in the form of a check payable to petitioner.

Petitioner agrees.

1 This Proffer does not include attorneys’ fees a nd costs, which the parties intend to address after the Damages Decision is issued.2 B. Medicaid Lien

Respondent proffers that peti tioner should be awarded funds to satisfy the Saratoga

County Department of Social Servic es Medicaid lien in the amount of $225.02 , which represents

full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the

Saratoga County Department of So cial Services may have against any individual as a result of

any Medicaid payments Saratoga County Department of Social Services has made to or on

behalf of petitioner from the date of her eligibili ty for benefits through th e date of judgment in

this case as a result of her alleged vaccine-re lated injury suffered on or about October 8, 2019,

under Title XIX of the So cial Security Act.

The above amounts represent all elements of compensation to which petitioner would be

entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.

II. Form of the Award

The parties recommend that compensation provi ded to petitioner should be made through

two lump sum payments describe d below, and request that the Chief Special Master’s decision

and the Court’s judgmen t award the following: 2

A. A lump sum payment of $62

, 500.00 in the form of a check pa yable to petitioner; and

B. A lump sum payment of $225.02 , representing compensa tion for satisfaction of Saratoga County Department of Social Servi ces Medicaid lien, in the form of a check payable jointly to petitioner and:

Saratoga County Department of Social Services 152 West High Street Ballston Spa, New York 12020

Petitioner agrees to endorse th e check to Saratoga County Depa rtment of Social Services

for satisfaction of the Medicaid lien.

2 Should petitioner die prior to en try of judgment, the pa rties reserve the right to move the Court for appropriate relief. In particular, res pondent would oppose any award for future medical expenses, future pain and sufferi ng, and future lost wages.3 Petitioner is a competent adult. Evidence of guardianship is not requ ired in this case.

Respectfully submitted,

BRIAN M. BOYNTON Principal Deputy Assistant Attorney General

C. SALVATORE D’ALESSIO Acting Director Torts Branch, Civil Division

HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division

LARA A. ENGLUND
Assistant Director Torts Branch, Civil Division

s/ Tyler C. King

TYLER C. KING 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) 305-0730 Tyler.King@usdoj.gov Dated: September 16, 2022