# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 16 -0 976 V
Filed: May 17, 2017

U npublished

* * * * * * * * * * * * * * * * * * * * * * * * * * * *
MARY GERMANO , *

* Petitioner, * Damages Decision B ased on Proffer;

v. * Influenza (“Flu”) Vaccine; Shoulder

* Injury Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit

AND HUMAN SERVICES, * (“SPU”)

* Respondent. *

*

* * * * * * * * * * * * * * * * * * * * * * * * * * * * Leah V. Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for petitioner. Colleen C. Hartley , U .S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

Dorsey

, Chief Special Master:

On August 10, 2016

, Mary Germano (“ p etitioner ”) filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa

- 10, et seq

. , 2 (the “Vaccine Act”)

. Peti tioner alleged that s he su stained left
shoulder injuries from an influenza (“flu”) vaccin ation s he received on December 13,
2015

. The case was assigned to the Special Processing Unit (“SPU”) of the Office of Special Masters.

On December 7, 2016

, the undersigned issued a ruling on entitlement

, finding petitioner entitled to compensation for a shoulder injury related to vaccine administration (“ SIRVA ”) . On May 17, 2017 , respondent filed a proffer on a ward of compensation (“Proffer”) indicating petitioner should be awarded $8 5,740.00

. Proffer at 1. In the Proffer, respondent represented that petitioner agrees with the proffered award. Id.

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intend s to post it on the United States Court of Federal Claims'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)

. 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, the undersigned agree s that the ident ified 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 Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012).2 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 award s petitioner a lump sum payment of $8 5,740.00 in the form of a check payable to petitioner, M ary Germano

. Th is amount represent s compensation for all damages that would be available under § 300aa

- 15(a).

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

decision. 3

IT IS SO ORDERED.

s/Nora Beth Dorsey Nora Beth Dorsey 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.1 IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

MARY GERMANO

,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. ) ) ) ) ) ) ) ) ) ) ) ) No . 16-976V Chief Special Master Dorsey

ECF

PROFFER ON AWARD OF COMPENSATION

I. Items of Compensation

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

$85,740.00 , which represents all elements of compensation to which petitioner would be entitled

under 42 U.S.C. § 300aa- 15(a). 1 Petitioner agrees

.

II. Form of the Award

Respondent recommends that the compensation provided to petitioner should be made

through a lump sum payment of $85,740.00 , in the form of a check payable to petitioner. Petitioner

agrees.

Respectfully submitted,

CHAD A. READLER Acting Assistant Attorney General

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

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 future pain and suffering.2 CATHARINE E. REEVES Deputy Director Torts Branch, Civil Division

ALEXIS B. BABCOCK

Assistant Director Torts Branch, Civil Division

/s/ Colleen C. Hartley

COLLEEN C. HARTLEY Trial Attorney Torts Branch, Civil Division U.S. Department of Justice

P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Phone: (202) 616-3644

Fax: (202) 353-2988

DATED: May 17 , 2017