# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 20

- 342 V

UNPUBLISHED

DONNA LEEP

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: September 2, 2021

Special Processing Unit (SPU);

Damages Decision Based on Proffer;

Influenza (Flu) Vaccine; Shoulder

Injury Related to Vaccine

Administration (SIRVA)

Leigh Finfer, Muller Brazil, LLP, Dresher, PA , for Petitioner.

Althea Walker Davis , U.S. Department of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES 1

On March 25, 2020

, Donna Leep 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

admin istration (SIRVA) af ter receiving an influenza ( “ flu ” ) vaccination on October 11,

2018

. Petition at 1

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

of Special Masters.

On July 19, 2021

, a ruling on entitlement was issued , finding P etitioner entitled to

compensation for a left SIRVA . On September 1, 2021

, R espondent filed a p roffer on

a ward of compensation (“Proffer”) indicating P etitioner should be awarded $ 110,302.68

. Proffer at 1

. In the Proffer, R espondent represented that P etitioner agrees with the

1 Because this unpublished D ecision contains a reasoned explanation for the action in this case, I am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 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 $ 110,302.68 in the form of a check payable to P etitioner

. This award

is compr ised of $110,000.00 for pain and suffering and $302.68 for past unreimbursable

out

- of

- pocket medical expenses

.

Th ese amount s represent 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

DONNA LEEP

, )

)

Petitioner, ) No. 20

- 342 V

) Chief Special Master

v. ) Brian H. Corcoran

) SPU

SECRETARY OF HEALTH )

AND HUMAN SERVICES, )

)

Respondent. )

)

RESPONDENT'S PROFFER ON AWARD OF COMPENSATION

On March 25, 2020, Donna Leep (“petitioner” ) filed a petition for compensation under

the National Childhood Vaccine Injury Act of 19 86, as amended (“the Vaccine Act” or “the

Act”), 42 U.S.C. §§ 300aa

- 1 to

- 34. Respondent conceded petitioner’s entitlement to

compensation in his Rule 4(c) Report filed on July 14 , 2021

. (ECF No. 26 ) Based on

Respondent’s Rule 4( c) Report, on July 19, 2021, Chief Special Master Corcoran f ound

petitioner entitled to compensation for her left shoulder SIRVA injury

. (ECF No. 27 )

I. Items of Compensation

Based upon the evidence of record, respondent proffers that petitioner should be awa rded

$ 110,302.68 . The award is comprised of $ 1 10,00 0 .00 for pain and suffering, and $ 302.68 f or

past unreimbursable out

- of

- pocket medical expenses. This represents all elements of

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

- 15(a). Petitioner

agrees.

II. Form of the Award

Respondent recommends that the compensation provided to petitioner should be made

through a lump sum payment of $ $110,302.68

, in the form of a check made payable topetitioner

. 1 Petitioner agrees.

Peti tioner 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 Bran ch, Civil Division

HEATHER L. PEARLMAN

Deputy Director

Torts Branch, Civil Division

DARRYL R. WISHARD

Assistant Director

Torts Branch, Civil Division

s/Althea Walker Davis

ALTHEA WALKER DAVI S

Senior Trial Counsel

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

Benjamin Franklin Station

Washington, D.C. 20044

- 0146

Tel: (202) 616

- 0515

Althea.Davis@usdoj.gov

DATED: S eptember 1, 2021

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 fu ture pain and suffering

.