# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 17-809V Filed: August 23, 2018 UNPUBLISHED

TERESA FOWLER,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

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

Ronald Craig Homer, C onway, Homer, P.C., Bost on, MA, for petitioner. Justine Elizabeth Walters, U.S. Department of Justice, Wa shington, DC, for respondent.

DECISION AWARDING DAMAGES 1

Dorsey , Chief Special Master:

On June 15, 2017, petitioner filed a petit ion 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 suffe red a shoulder injury related to vaccine administration (“SIRVA”) following an influenza (“flu”) vaccine admi nistered on October 20, 2014. Petition at 1. The case was a ssigned to the Special Processing Unit of the Office of Special Masters.

On January 30, 2018, a ruling on entitle ment was issued, finding petitioner entitled to compensation for a SIRVA. On August 22, 2018, res pondent filed a proffer on award of compensation (“Proffer”) indicating petitioner should be awarded $131,556.79 comprised of $127,500.00 for pain and suffering, and $4,056.79 for past unreimbursed expenses. Proffer at 1-2. In the Proffer, respondent represented that

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Cour t of Federal Claims'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 petitioner agrees with the proffered award. Based on the record as a whole, the undersigned finds that petitioner is entitl ed 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 $131,556. 79 in the form of a check payable to petitioner, Teresa Fowler. 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 CO URT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

____________________________________ ) TERESA FOWLER, ) ) Petitioner, ) ) v. ) No. 17-809V ) Chief Special Master Dorsey ) ECF SECRETARY OF HEALTH AND ) SPU HUMAN SERVICES, ) ) Respondent. ) ____________________________________)

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On June 15, 2017, petitioner, Teresa Fowler , filed a petition for compensation under the

National Childhood Vaccine Injury Act, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act”), alleging

that she developed a shoulder injury related to vaccine administration (“SIRVA”) as a result of

receiving an influenza (“fl u”) vaccine on October 20, 2014. On January 28, 2018, respondent

filed a Rule 4(c) Report indicating that petitioner is entitled to compensation for SIRVA. For the

purposes of this proffer, the te rm “vaccine-related” is as desc ribed in Respondent’s Rule 4(c)

Report. On January 30, 2018, Chie f Special Master Dorsey is sued a Ruling on Entitlement

finding that petitioner is entitled to compensation for SIRVA.

I. Items of Compensation

A. Pain and Suffering

Respondent proffers that petitioner should be awarded $127,500.00 in actual and

projected pain and suffering. This amount refl ects that the award for projected pain and

suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4).

Petitioner agrees.-2- B. Past Unreimbursable Expenses

Evidence supplied by petitione r documents her expenditure of past unreimbursable

expenses related to her SIRVA. Respondent pro ffers that petitioner should be awarded past

unreimbursable expenses in the amou nt of $4,056.79. Petitioner agrees.

C. Medicaid Lien

Petitioner represents that there are no outstanding Medicaid liens against her.

II. Form of the Award

The parties recommend that the compensati on provided to petitioner should be made

through a lump sum payment of $131,556.79 in the form of a check payable to petitioner. 1 This

represents all elements of compensation to wh ich petitioner is entitled under 42 U.S.C. § 300aa15(a). Petitioner agrees.

Respectfully submitted,

CHAD A. READLER Acting 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

1 Should petitioner die prior to en try of judgment, the parties rese rve the right to move the Court for appropriate relief. In particular, res pondent would oppose any award for future medical expenses, future lost earnings , and future pain and suffering.-3- s/ Justine Walters__________
JUSTINE WALTERS 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) 307-6393

DATE: August 22, 2018