# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 18

- 1148 V

UNPUBLISHED

STACIE WILSON

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: April 3, 2020

Special Processing Unit (SPU);

Damages Decision Based on Proffer;

Influenza (Flu) Vaccine; Shoulder

Injury Related to Vaccine

Administration (SIRVA)

Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA , for petitioner.

Jennifer Leigh Reynaud , U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

On August 7, 2018

, Stacie Wilson 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 s houlder injury relat ed to vaccine

administration ( “ SIRVA ” ) as a result of an influenza ( “ flu ” ) vaccine administered on

October 17, 2016

. Petition at 1 . The case was assigned to the Special Processing Unit

of the Office of Special Masters.

On November 6, 2019

, a ruling on entitlement was issued , finding P etitioner

entitled to compensation for her SIRVA . On April 1, 2020

, R espondent filed a p roffer on

a ward of compensation (“Proffer”) indicating P etitioner should be awarded $ 65,000.00

. Proffer at 1

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

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am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 decision 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 o f 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 “§” 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 $ 65,000.00 in the form of a check payable to P etitioner

. This

amount represents compensation for all damages that w ould be available under § 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.1 IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

STACIE WILSON

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. No. 1 8

- 1148 V

Chief Special Master Corcoran

ECF

PROFFER ON AWARD OF DAMAGES

On August 7, 2018, Stacie Wilson (“petitioner”) filed a petition for compensation

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

- 1 to

-

34 (“Vaccine Act” or “Act”), as amend ed. The Petition alleged that petitioner suffered a

Shoulder Injury Related to Vaccine Administration (“SIRVA”) following her receipt of a an

influenza (“flu”) vaccine on October 17, 2016

. Respondent conceded petitioner’s entitlement to

compensation in h is Rule 4(c) Report filed o n November 1 , 2019

. Based on Respondent’s Rule

4(c) Report the Court found petitioner entitled to compensation.

I. Items of Compensation

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

$ 6 5 ,000.00 , which represents 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

Respondent recommends that the compensation provided to petitioner should be made2 th rough a lump sum payment of $ 6 5 ,000.00

, in the form of a check made payable to petitioner

. 1

Petitioner agrees.

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

Respectfully submitted,

JOSEPH H. HUNT

Assistant Attorney General

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division

CATHARINE E. REEVES

Deputy Director

Torts Branch, Civil Division

HEATHER L. PEARLMAN

Assistant Director

Torts Branch, Civil Division

s/ Jennifer L. Reynaud

JENNIFER L. REYNAUD

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

- 1586

Date: April 1, 2020

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

.