# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 16-214V

Filed: September 6, 2016

UNPUBLISHED

* * * * * * * * * * * * * * * * * * * * * * * * * * * *

MARNI SHAPIN, *

*

Petitioner, * Damages Decision Based on Proffer;

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

* Related to Vaccine Administration

SECRETARY OF HEALTH * (“SIRVA”); Special Processing

AND HUMAN SERVICES, * Unit (“SPU”)

*

Respondent. *

*

* * * * * * * * * * * * * * * * * * * * * * * * * * * *

Amber Diane Wilson, Maglio Christopher and Toale, Wash ington D.C., for petitioner.

Glenn A. MacLeod, U.S. Department of Ju stice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

Dorsey , Chief Special Master:

On February 12, 2016, petitioner fil ed a petition for co mpensation under the

National Vaccine Injury Compensat ion 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 (“SIRVA”) followi ng receipt of an influenza (“f lu”) vaccine on October 22,

2014. Petition at 1-2. The case was assi gned to the Special Pr ocessing Unit of the

Office of Special Masters.

On May 31, 2016, a ruling on entitlement wa s issued, finding petitioner entitled to

compensation for a SIRVA. On September 6, 2016, respondent filed a proffer on award

of compensation (“Proffer”) indicating pet itioner should be aw arded $120,000.00.

Proffer at 1. In the Proffer, respondent represented that petit ioner 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1 Because this unpublished decision contains a reasoned explanation for the action in this case, the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. 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 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 stat ed in the attached Proffer, the undersigned awards

petitioner a lump sum payment of $120,000. 00 in the form of a check payable to

petitioner, Marni Shapin. This amount represents compens ation for all damages that

would be available un der § 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 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

* * * * * * * * * * * * * * * * * * * * * * * * *

*

MARNI SHAPIN, *

*

Petitioner, *

*

v

. * No. 16

- 214V (ECF)

* Chief Special Master

* NORA BETH DOESEY

SECRETARY OF HEALTH *

AND HUMAN SERVICES

, *

*

Respondent *

* * * * * * * * * * * * * * * * * * * * * * * * *

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On May 31

, 2016, the Chief S pecial M aster found that a preponderance of the medical

evidence indicates that petitioner suffered a left shoulder injury related to vaccine administration

(“SIRVA”), which was causally related to the influenza (“flu”) vaccination she received on

October 22, 2014

. The parties now address the amount of compensation to be awarded in this

case.

I. Items of Compensation

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

$ 12 0,000.00, which represents all elements of compensat ion to which petitioner would be

entitled under 42 U.S.C. § 300aa

- 15(a). 1 Petitioner agrees.

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 medical

e xpenses and future pain and suffering

.2 II. Form of the Award

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

through a lump sum payment of $ 12 0,000.00 in the f orm of a check payable to petitioner.

Petitioner agrees.

Respectfully submitted,

BENJAMIN C. MIZER

Principal Deputy Assistant Attorney General

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division

CATHARINE E. REEVES

Acting Deputy Director

Torts Branch, Civil Division

ALEXIS B . BABCOCK

Senior Trial Attorney

Torts Branch, Civil Division

s/ GLENN A. MACLEOD

GLENN A. MACLEOD

Senior Trial Counsel

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146, Benjamin Franklin Station

Washington, D.C. 20044

- 0146

Tel.: (202) 616

- 4122

DATE: September 6, 2016