# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 20

- 1240 V

UNPUBLISHED

LENORA DONLIN

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: November 29, 2021

Special Processing Unit (SPU);

Damages Decision Based on Proffer;

Influenza (Flu) Vaccine; Shoulder

Injury Related to Vaccine

Administration (SIRVA)

Kathleen Margaret

, Lommen Abdo Law Firm

, Minneapolis

, MN , for Petitioner.

Lara Ann Englund

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

DECISION AWARDING DAMAGES 1

On September 21, 2020

, Lenora Donlin 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 should er in jury related to vaccine

administration ( “ SIRVA ” ) as a result of an influenza ( “ flu ” ) vaccine that was admi nistered

to her on S eptember 9, 2019

. Petition at 1

. The case was assigned to the Special

Processing Unit of the Office of Special Masters.

On November 1, 2021

, a ruling on entitlement was issued , finding P etitioner

entitled to compensation for SIRVA . On November 29, 2021

, R espondent filed a p roffer

on a ward of compensation (“Proffer”) indicating P etitioner should be awarded $ 55,413.18

(comprised of $5 0 ,000.00 for pain and suffering, $3,519.31 for lost wages, and $1,893.87

for unreimbursab le medical expenses)

. Proffer at 1

. In the Proffer, R espondent

1 Because this unpublished D ecision contains a reasoned explanation for the action in this case, I am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 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §

300aa (2012).2

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 $ 55,413.18 ( comprised of $50 ,000.00 for pain and suffering,

$3,519.31 for lost wages , and $1,893.87 for unreimbursable me dical expens es ) in

the form of a check payable to P etitioner

. This amount represents compensation for

all damages that w ould be available under Section 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 COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

LENORA DONLIN

, )

)

Petitioner, )

)

v. ) No. 20

- 1240 V

) Chief Special Master Brian Corcoran

SECRETARY OF )

HEALTH AND HUMAN SERVICES, )

)

Respondent. )

)

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On October 29 , 2021 , respondent filed a Vaccine Rule 4(c) report concluding that

petitioner suffered a Shoulder Injury Related to Vaccine Administration (“SIRVA”) within the

Table timeframe following an influenza vaccination, which was compensable under the National

Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C. §§ 300aa

- 1 to

- 34. Accordingly,

on November 1

, 202 1 , the Chief Special Master issued a Ruling on Entitlement.

I. Items of Compensation

Respondent proffers that petitioner should be awarded $ 5 0,000.00 for pain and suffering

,

$3,519.31 for lost wages, and $ 1, 893

. 87 for unreimbursable medical expenses. These amounts

represent all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa

15(a). Petitioner agrees

.2 II. Form of the Award

Respondent recommends that the compensation provide d to petitioner should be made

through a lump sum pa yment of $ 55,413.18 in the form of a check payable to petitioner

. 1 This

lump sum payment represents all elements of compensation to which petitioner would be entitled

under 42 U.S.C. § 300aa

- 15(a). Petitioner agrees.

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

Respectfully submitted,

BRIAN M. BOYNTON

Acting Assistant Attorney General

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division

HEATHER L. PEARLMAN

Deputy Director

Torts Branch, Civil Division

DARRYL R. WISHARD

Assistant Director

Torts Bra nch, Civil Division

s/ LARA A. ENGLUND

LARA A. ENGLUND

Assistant Director

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146 Benjamin Franklin Station

Washington D.C. 20044

- 0146

Tel: (202) 307

- 3013

E

- mail: lara.a.englund@usdoj.gov

Dated: November 29 , 2021

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 medical

expenses, future pain and suffering, and future lost wages.