# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 20

- 0201 V

UNPUBLISHED

BETTY DAVIS

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: May 13, 2022

Special Processing Unit (SPU);
Damages Decision Based on Proffer;
Influenza (Flu) Vaccine ; Shoulder
Injury Related to Vaccine Administration (SIRVA)

Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA , for Petitioner.

Adriana Ruth Teitel , U.S. Department of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES 1

On February 25, 2020

, Betty Davi s 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 administration ( “ SIR VA ” ) as a result of an influenza ( “ flu ” ) vaccine she recei ved on
December 18, 2018

. Petition at 1

. The case was assigned to the Special Processing Unit

of the Office of Special Masters.

On June 7, 2021

, a ruling on entitlement was issued , finding P etitioner entitled to
compensation for he r Table SIRVA . On May 13, 2022

, R espondent filed a p roffer on

a ward of compensation (“Proffer”) indicating P etitioner should be awarded $ 70,765.38, representing $ 7 0,000.00 in pain and suffering and 765 .3 8 in past unr eimb urs able

expenses

. Proffer at I, III

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

1 Because this unpublished D ecision contains a reasoned explanation for the action in this case, I am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 f its 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 p ertinent subparagraph of 42 U.S.C. §
300aa (2012).2 with the proffered award. Id. a t I. 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 $ 70,765 .38 ( representing $70,000.00 in pain and suffering and $765.38 in past unreimburs able expenses ) in the form of a check payable to

P etitioner

. This amount represents compensation for all damages that w ould be available

under Section 15 (a)

.

The Clerk of 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

BETTY DAVIS

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. No. 20

- 201 V
Chief Special Master Corcoran (SPU)

ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On February 25 , 2020, Betty Davis (“petitioner”) filed a petition for compensation under

the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa

- 1 to

- 34 (“Vaccine Act”

or “Act”), as amended. Petitioner alleges she suffered a shoulder injury related to vaccine

administration (“SIRVA”) Table injury as a result of an influenza (“flu”) vaccination received on

December 18, 2018 . Petition at 1. On June 29 , 2021 , the Secretary of Health and Human Services

(“respondent”) filed a Rule 4(c) Report indicating that this case is approp riate for compensation

under the terms of the Act for a shoulder injury related to vaccine administration (“SIRVA”) Table

injury . ECF No. 22. On July 7, 2021

, the Chief Special Master issued a Ruling on Entitlement

finding petitioner entit led to compensa tion. ECF No s

. 25

I. Items of Compensation

A. Pain and Suffering

Respondent proffers that petitioner should be awarded $ 70 ,000 .00 in pain and suffering

.

See 42 U.S.C. § 300aa

- 15(a)(4). Petitioner agrees.2 B. Past Unreimbursable Expenses

Evidence supplied by petitioner documents that she incurred past unreimbursable

expenses related to her vaccine

- related injury. Respondent proffers that petitioner should be

awarded past unreimbursable expenses in the amount of $ 765.38

. See 42 U.S.C. § 3 00aa

15(a)(1)(B). Petitioner agrees.

These amounts represent all elements of compensation to which petitioner is entitled

under 42 U.S.C. § 300aa

- 15(a). Petitioner agrees.

II. 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 $ 70,765.38

, in the form of a

check payable to petitioner. 1

III. Summary of Recommended Payments Following Judgment

Lump sum payable to petitioner, Betty Davis : $ 70,765.38

Respectfully submitted,

BRIAN M. BOY N TON
Principal Deputy Assistant Attorney General

C. SALVATORE D’ALESSIO
Acting Director

Torts Branch, Civil Division

HEATHER L. PEARLMAN
Deputy Director

Torts Branch, Civil Division

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 lost earnings
and future pain and suffering.3 DARRYL R. WISHARD

Assistant Director

Torts Branch, Civil Division

s/ Adriana Teitel

ADRIANA TEITEL
Trial Attorney

Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Benjamin Franklin Station
Washington, DC 20044

- 0146
Tel: (202) 616

- 3677

Email: adriana.teitel@usdoj.gov

Dated: May 1 3 , 2022