# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 16 -253V

Filed: December 15, 2016

UNPUBLISHED

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

STEPHANIE ROSENTHAL, *

*

Petitioner, *

* Damages Decision Based on Proffer;

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

SECRETARY OF HEALTH * Administration (“SIRVA”);

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

*

Respondent. *

*

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

Paul Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.

Michael Milmoe

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

DECISION AWARDING DAMAGES 1

Dorsey

, Chief Special Master:

On February 23, 2016

, Stephanie Rosenthal (“petitioner”) filed a petition for

compensation under the National Vaccine Injury Compensation Program, 42 U.S.C.

§300aa-10, et seq., 2 (the “Vaccine Act” or “Program”) . Petitioner alleges that s he

suffered left shoulder injuries caused in fact by the influenza vaccination she received

on October 21, 2014. Petition at 1, ¶¶ 2, 8. The case was assigned to the Special

Processing Unit of the Office of Special Masters.

On July 15, 2016, the undersigned issued a ruling on entitlement, finding

petitioner entitled to compensation. (ECF No. 12). On December 14, 2016, respondent

filed a proffer on a ward of compensation (“Proffer”) indicating petitioner should be

awarded $75,000.00. Proffer at 1. 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1 Because this unpublished decision contains a reasoned explanation for the action in this case, the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 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). 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, the 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 Act will be to the pertinent subparagraph of 42 U.S.C. §

300aa (2012).2

petitioner agrees with the proffered award. Id. 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 stated 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, Stephanie Rosenthal

. Th is amount represent s compensation for all

damages that would be available under § 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 can 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

____________________________________ )

STEPHANIE ROSENTHAL

, )

)

Petitioner, ) No. 16

- 253 V

) Chief Special Master Dorsey

v. ) ECF

)

SECRETARY OF HEALTH AND )

HUMAN SERVICES, )

)

Respondent. )

)

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Compensation for Vaccine Injury

- Related Items

On July 15, 2016

, the Chief S pecial M aster issued a Ruling on Entitlement determining

that petitioner was entitled to vaccine compensat ion for her Shoulder Injury Related to Vaccine

Administration (“SIRVA”). R espondent proffers that, based on the evidence of record

,

petitioner should be awarded $ 75,000 .00 . This amount represents all elements of compensation

to which petitioner would be entitled under 42 U.S.C. § 300aa

- 15(a). Petitioner agrees.

II. Form of the Award

Respondent recommend s that the compensation provided to petitioner should be made

thr ough a lump sum payment as described below, and request s that the Chief S pecial M aster’s

decision and the Court’s judgment award the following: 1

A. A lump sum payment of $ 75 ,00 0 .00 in the form of a check payable to petitioner,

Stephanie Rosenthal. This amount accounts for all elements of compensation under 42

U.S.C. § 300aa

- 15(a) to which petitioner would be entitled.

1 Should petitioner die prior to entry of judgment, respondent reserve s the right to move the

Court for appropriate relief. In particular, respondent would oppose any award for future

medical expenses, future pain and suffering , and future lost wages

.Petitioner is a competent adult. Evidence of guardianship is not required in this case.

R espectfully 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

ALTHEA WALKER DAVIS

Senior Trial Counsel

Torts Branch, Civil Division

/s/ Michael P. Milmoe

MICHAEL P. MILMOE

Senior Trial Counsel

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

Benjamin Franklin Station

Washington, D.C. 20044

- 0146

Phone: (202) 616

- 4125

Dated: December 14 , 2016 Fax: (202) 616

- 4310