# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 14

- 977 V

Filed: M a y 13 , 2015

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

JENNIFER PEABODY BARR

, *

*

Petitioner, * Damages Decision Based on Proffer ;

* Trivalent Influenza or Flu Vaccine ;

* Shoulder Injury Related to Vaccine

SECRETARY OF HEALTH * Administration ( “ SIRVA ” ) ;

AND HUMAN SERVICES, * Special Processing Unit ( “ SPU ” )

*

Respondent. *

*

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

Sean Lyons, Esq., Nashville, TN , f or petitioner.

Claudia Gangi

, Esq., U

. S

. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

Vowell

, Chief Special Master:

On October 14, 2014, Jennifer Peabody Barr filed a petition for compensation

under the National Vaccine Injury Com pensation Progra m, 42 U.S.C. §300aa

- 10, et

seq

. , [the “Vaccine Act” or “Program”]. Petitioner alleges that she suffered a shoulder

injury which was caused by the trivalent influenza vaccination she received on

December 19, 2013. Petition at 1. The case wa s assigned to the Special Processing

Unit of the Office of Special Masters.

On February 4 , 2015 , I issued a ruling on entitlement, finding petitioner entitled to

compensation. On M a y 13 , 2015 , respondent filed a proffer on a ward of compensation

[“Proffer”] indicating petitioner should be awarded “ a lump sum of $65,000.00 for her

actual and projected pain and suffering. ” Proffer at 2 . According to respondent’s

Proffer, petitioner agrees to this proposed amount

. Id.

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

sum payment of $ 6 5,000.00 in the form of a check payable to petitioner, Jennifer

Peabody Barr

. Th is amount represent s compensation for all damages that would be

available under § 300aa

- 15(a).

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I inte nd

to post it on the United States Court of Federal Claims' website, in accordance with the E

- Government

Act of 2002, Pub. L. No. 107

- 347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501

note (2006)) . In accordance with Vaccine Rule 18(b), petitioner has 14 day s 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 fits withi n this definition, I wi ll redact such

material from public access.2

The clerk of the court is directed to enter judgment in accordance with this

decision. 2

s/Denise K. Vowe ll

Denise K. Vowell

Chief Special Master

2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice

renouncing the right to seek review.IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

_________________________________________ )

JENNIFER PEABODY BARR

, )

)

Petitioner, )

) No. 1 4

- 977 V

v. ) Chief Special Master Vowell

) ECF

SECRETARY OF HEALTH AND )

HUMAN SERVICES, )

)

Respondent. )

__________________________________________)

RESPONDENT'S PROFFER ON DAMAGES

Respondent submits the following recommendations regarding items of compensation to

be awarded to petitioner under the Vaccine Act.

I. Items of Compensation

A. Future Medical Care Expenses

Respondent proffers that based on the evidence of record, Jennifer Peab ody Barr

(“petitioner”) is not entitled to an award for future medical care expenses as provided under 42

U.S.C. § 300aa

- 15(a)(1)(A). Petitioner agrees.

B. Lost Earnings

Respondent proffers that based upon the evidence of record, petitioner has not and is not

likely to suffer a loss of earnings as a result of her vaccine

- related injury as provided under 42

U.S.C. § 300aa

- 15(a)(3)( A ). Petitioner agrees.

1 Case 1:14-vv-00977-UNJ Document 24 Filed 05/13/15 Page 1 of 3C. Pain and Suffering

Respondent proffers that the Court should award petitioner a lump sum of $6 5 ,000.00 for

her actual and projected pain and suffering. This amount reflects that the award for projected

pain and suffering has been reduced to net present value. See § 300aa

- 15(a)(4). Petitioner

agrees.

D. Past Unreimbursable Expenses

Respondent proffers that based upon the evidence of record, petitioner did not incur any

past unreimbursable expenses related to her vaccine

- related injury. Petitioner agrees.

E. Attorneys’ Fees and Costs

This proffer does not address final attorneys’ fees and costs. Petitioner is entitled to

reasonable attorneys’ fees and costs, to be determined at a later date upon petitioner filing

substantiating documentation.

II. Form of the Award

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

through a lump sum payment as described below and request that the Chief Special Master’s

decision and the Court’s judgment award the following: a lump sum payment of $6 5 ,000 .00

(representing compensation for actual and projected pain and suffering), in the form of a check

payable to petitioner. 1

III. Summary of Recommended Payment Following Judgment

Lump Sum paid to petitioner: $6 5 ,000.00

1 Should Jennifer Peabody Barr die prior to entry of judgment, respondent would oppose any

award for future medical expenses , future lost earnings, and future pain and suffering, and the

parties reserve the right to move the Court for appropriate relief.

2 Case 1:14-vv-00977-UNJ Document 24 Filed 05/13/15 Page 2 of 3Respectfully submitted,

BEN JAMIN C. MIZER

Principal Deputy Assistant Attorney General

RUPA BHATTACHARYYA

Director

Torts Branch, Civil Division

VINCENT J. MATANOSKI

Deputy Director

Torts Branch, Civil Division

HEATHER L. PEARLMA N

Senior Trial Attorney

Torts Branch, Civil Division

/s/ Claudia B. Gangi

CLAUDIA B. GANGI

Senior 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) 616

- 4138

Dated: May 13 , 2015

3 Case 1:14-vv-00977-UNJ Document 24 Filed 05/13/15 Page 3 of 3