# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 16-0782V Filed: January 12, 2017

UNPUBLISHED

* * * * * * * * * * * * * * * * * * * * * * * * * * * * IRENE DENISTON, *

* Petitioner, * Damages Decision Based on Proffer; v. * Influenza (“Flu”) Vaccine; Shoulder * Injury Related to Vaccine Administration SECRETARY OF HEALTH * (“SIRVA ”); Special Processing Unit AND HUMAN SERVICES, * (“SPU”)

* Respondent. *

*

* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner. Colleen Clemons Hartley, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

Dorsey , Chief Special Master:

On June 30, 2016, Irene Deniston (“petit ioner”) filed a petition for compensation under the National Vaccine Injury Com pensation Program, 42 U.S.C. §300aa-10, et

seq.

, 2 (the “Vaccine Act”). Petitioner alleges that she suffered right shoulder injuries that were caused-in-fact by an influenza (“flu ”) vaccine on October 21, 2014. Petition at 1. The case was assigned to the Special Pr ocessing Unit of the Office of Special

Masters.

On October 31, 2016, a ru ling on entitlement was i ssued, finding petitioner entitled to compensation for SIRVA. On January 12, 2017, respondent filed a proffer on award of compensation (“Proffe r”) indicating petitioner should be awarded $75,000.00. 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1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Cour t of Federal Claims'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 $75,000. 00, in the form of a check payable to petitioner, Irene Deniston. 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.1 IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

IRENE DENISTON

,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN
SERVICES,

Respondent. )
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) No . 1 6

- 782 V Chief Special Master Dorsey

ECF

PROFFER ON AWARD OF COMPENSATION

I. Items of Compensation

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

$ 75,000.00 , 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

Petitioner is a competent adult. Accordingly, r espondent recommends that the

compensation provided to petitioner should be made through a lump sum payment of $ 75,000.00

,

in the form of a check payable to petitioner. Petitioner agrees.

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 Respectfully submitted,

BENJAMIN C. MIZER Principal Deputy Assistant Attorney General

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

CATHARINE E. REEVES Deputy Director
Torts Branch, Civil Division

GLENN A. MACLEOD

Senior Trial Counsel
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: January 12, 2017