# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 19-1622V

UNPUBLISHED

DONNA R. RANDS,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: June 25, 2021

Special Processing Unit (SPU);

Damages Decision Based on Proffer;

Influenza (Flu) Vaccine; Shoulder

Injury Related to Vaccine

Administration (SIRVA)

Kelly Danielle Burdette, Burdette Law, PLLC, North Bend, WA, for Petitioner.

Kimberly Shubert Davey, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES 1

On October 17, 2019, Donna R. Rands fil ed a petition for compensation under the

National Vaccine Injury Compensati on Program, 42 U.S.C. §300aa-10, et seq. 2 (the

“Vaccine Act”). Petitioner alleges that she su ffered a right shoulder injury related to

vaccine administration (“SIRVA”) as a resu lt of an influenza vaccine administered on

September 24, 2018. Petition at 1. Petitioner further alleges that she suffered the residual

effects of her injury for more than six months . Petition at 3. The case was assigned to the

Special Processing Unit of the Office of Special Masters.

On March 16, 2021, a ruling on entitlement was issued, finding Petitioner entitled

to compensation for SIRVA. On June 24, 2021, Respondent filed a proffer on award of

compensation (“Proffer”) indicati ng Petitioner should be awarded $55,000.00 in actual

pain and suffering. Proffer at 1. In the Prof fer, Respondent represent ed that Petitioner

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am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 EGovernment Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic

Government Services). This means the decision will be availa ble 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 whic h would constitute an unwarranted invasion of privacy.

If, upon review, I agree that the identified material fits with in this definition, I will r edact 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 agrees with the proffered award. Id. Based on the record as a whole, I find that Petitioner

is entitled to an award as stated in the Proffer.

Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump

sum payment of $55,000.00 (in actual pain and suffering), in the form of a check

payable to Petitioner. This amount represents compen sation for all damages that would

be available under § 15(a).

The clerk of the court is directed to enter judgment in a ccordance 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 c an 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 R. RANDS, )

)

Petitioner, )

) No. 19

- 1622 V (ECF)

v. ) Chief Special Master Corcoran

)

SECRETARY OF HEALTH AND )

HUMAN SERVICES, )

)

Respondent. )

____________________________________)

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On October 17, 2019

, Donna R. Rands (petitioner) filed a petition for compensation

under the National Childhood Vaccine Injury Act of 1986, as amended (“the Vaccine Act” or

“the Act”), 42 U.S.C. §§ 300aa

- 1 to

- 34. Petitioner alleged that she suffered a Shoulder Injury

Related to Vaccine A dministration (“SIRVA”) as a result of an influenza (“flu”) vaccine

administered to her on September 24, 2018 . Petition at 1. On March 12, 2021 , the Secretary of

Health and Human Services (“respondent”) filed a Rule 4(c) Report recommending that

compensa tion be awarded, and the Chief Special Master issued a Ruling on Entitlement finding

petitioner entitled to compensation on March 16, 2021 . ECF No. 23 ; ECF No. 25.

Items of Compensation

Pain and Suffering

Respondent proffers that petitioner should be awa rded $ 55,0 00.00 in actual pain and

suffering. See 42 U.S.C. § 300aa

- 15(a)(4). Petitioner agrees.2 Form of the Award

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

Respondent recommends that the compensation provided to petitioner should be made through a

lump sum payment as described below and requests that the Chief Special Ma ster’s decision and

the Court’s judgment award the following: a lump sum payment of $5 5,000.00 , representing

compensation for actual pain and suffering, in the form of a check payable to petitioner, Donna

R. Rands . Petitioner agrees.

Summary of Recommended Payments Following Judgment

Lump sum payable to petitioner, Donna R. Rands : $ 55,000.00

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 Branch, Civil Division

/s/ Kimberly S. Davey

KIMBERLY S. DAVEY

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) 307

- 1815

Kimberly.Davey@usdoj.gov

DATED: June 24, 2021