# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 15-0684V Filed: October 27, 2015 Unpublished

* * * * * * * * * * * * * * * * * * * * * * * * * * * * ROBERT NOLOP, *

* Petitioner, * Damages Decision Based on Proffer; * Influenza (Flu) Vaccine; Shoulder Injury

* Related to Vaccine Administration SECRETARY OF HEALTH * (SIRVA); Special Processing Unit AND HUMAN SERVICES, * (SPU)

* Respondent. *

*

* * * * * * * * * * * * * * * * * * * * * * * * * * * * Mark Paul Schloegel, Popham Law Firm, Kansas City, MO

, for petitioner. Claudia Barnes Gangi

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

DECISION AWARDING DAMAGES 1

Dorsey , Chief Special Master:

On June 30, 2015, petitioner filed a petit ion for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.

, 2 [the “Vaccine Act”]. Petitioner alleges that he suffe red a shoulder injury related to vaccine administration (“SIRVA”) as a result of an influenza vaccine he received on October 24,

2012. Petition at 1. The case was assi gned to the Special Pr ocessing Unit of the Office of Special Masters.

On September 28, 2015, the undersigned is sued a ruling on entitlement, finding petitioner entitled to compensation. On October 26, 2015, respondent filed a proffer on award of compensation [“Proffe r”] stating that petitioner s hould be awarded $86,885.92. Proffer at 3. In the Proffer, respondent represents that petiti oner agrees with the

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Cour t of Federal Claims' website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-3 47, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and move to redact medical or other inform ation, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, t he undersigned agrees that the identified material fits within this definition, the undersigned 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 Ac t will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012).2 proffered award. Based on the record as a whole, the undersigned finds that petitioner

is entitled to an award as stated in the Proffer.

Pursuant to the terms stated in the attached Proffer, the undersigned awards:

a lump sum payment of $86,885.92

, in the form of a check payable to petitioner, Robert Nolop, representing compensation for pain and suffering ($85,000.00), and past unreimburs able expenses ($1,885.92). This amount represents compensation fo r all damages that would be available under § 300aa15(a).

The clerk of the court is directed to enter judgment in accordance with this

decision. 3

s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master

3 Pursuant to Vaccine Rule 11(a), entry of judgment c an be expedited by the parties’ joint filing of notice renouncing the right to seek review.1 IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

____________________________________ )

ROBERT NOLOP ) )
Petitioner, ) ) No. 15

- 684V

v. ) Chief Special Master Dorsey ) ECF

SECRETARY OF HEALTH AND )
HUMAN SERVICES, ) ) Respondent. ) ____________________________________)

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On June 30, 2015, Robert Nolop (“petitioner”) filed a petition for compensation under the

Vaccine Act. Petitioner al leges that he received an influenza vaccine in h is left arm on October

2 4 , 2012, and subsequently suffered from a shoulder injury related to vaccine administration

(“SIRVA”) secondary to the vaccination. Petition at 1. The Secretary of Health and Human

S ervices (“respondent”) filed a Vaccine Rule 4(c) report, conceding that petitioner suffered

SIRVA , and recommending that the Court award petitioner compensation. On September 28,

2015, the Chief Special Master issued an Entitlement Decision and a Damages Order.

Respondent hereby submits the following proffer regarding the award of compensation.

I. Items of Compensation

A. Future Medical Care Expenses

Respondent proffers that based on the evidence of record, petitioner is not entitled to an

award for projected u nreimbursable medical care expenses incurred from the date of judgment as

provided under 42 U.S.C. § 300aa

- 15(a)(1)(A). Petitioner agrees.2 B. Lost Earnings

Respondent proffers that based on the evidence of record, petitioner is not entitled to an

award for lost earnings as provided under the Vaccine Act, 42 U.S.C. § 300aa

- 15(a)(3)(A).

Petitioner agrees.

C. Pain and Suffering

Respondent proffers that the Court should award Robert Nolop a lump sum of $ 85 ,000.00

for h is actual and projected pain and suffering. T his amount reflects that the award for projected

pain and suffering has been reduced to net present value. See § 300aa

- 15(a)(4). Petitioner

agrees.

D. Past Unreimbursable Expenses

Evidence supplied by petitioner documents Robert Nolop ’s expenditure of past

unreimubursable expenses as a result of h is vaccine

- related injury. Respondent proffers that the

Court should award Robert Nolop a lump sum of $ 1,885.92 for past unreimbursable expenses as

provided under the Vaccine Act, 42 U.S.C. § 300aa

- 15(a)( 1 )(A). Petitioner agrees.

E. Medicaid Lien

Petitioner represents that there are no outstanding Medicaid liens related to h is vaccine

related injury.

II. Form of the Award

The parties recommend that the compensation provided to petitioner should be made

through a lump su m payment as described below and request that the Chief Special Master’s

decision and the Court’s judgment award the following 1 : a lump sum payment of $ 86,885.92

,

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 pain and suffering.3 repr esenting compensation for pain and suffering ($85,000.00), and past unreimbursable

expens es ($ 1,885.92 ), in the form of a check payable to petitioner

, Robert Nolop

.

III. Summary of Recommended Payment Following Judgment

L ump sum payable to petitioner: $ 86,885.92

Respectfully submitted,

BENJAMIN C. MIZER Principal Deputy Assistant Attorne y General

RUPA BHATTACHARYYA

Director
Torts Branch, Civil Division

VINCENT J. MATANOSKI Deputy Director
Torts Branch, Civil Division

GLENN A. MACLEOD

Senior Trial Counsel
Torts Branch, Civil Division

/s/ Claudia B. Gangi

CLAUDIA B. GANGI

Senior Trial Attorney
Torts Branch, Civil Division U.S. Department of Justice

P.O. Box 146

Ben Franklin Station Washington, D.C. 20044

- 0146 Direct dial: (202) 616

- 4138

Date: October 26 , 2015