# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 14

- 668 V

Filed: Jan uary 12, 2015

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

AIMEE DEAK

, *

*

Petitioner, * Damages Decision Based on Proffer ;

* Influenza Vaccine or Flu Vaccine;

* Shoulder Injury Related to Vaccine

SECRETARY OF HEALTH * Administration; SIRVA

, AND HUMAN SERVICES, * Special Processing Unit

*

Respondent. *

*

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

M eredith Daniels ( acting for Ronald Homer )

, Conway, Homer & Chin

- Caplan, P.C.

, Boston, MA, for petitioner.

Lisa Watts , US Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

Vowell

, Chief Special Master:

On July 29 , 2014

, Aimee Deak 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”]. Peti tioner alleged that s he suffered a shoulder injury which

was caused in fact by the flu vaccination she received on October 13, 2012

. Petit ion at

1

. The case was assigned to the Special Processing Unit of the Office of Special

Masters.

On October 24 , 2014, I issued a ruling on entitlement, finding petitioner entitled to

compensation. On January 12 , 2015 , respondent filed a proffer on a ward of

compensation [“Proffer”] indicating petitioner should be awarded $ 1 66,542.4 9

, 3 an

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I inte nd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

- G overnment

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 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 (2006).

3 On page 3 of the proffe r, the total is listed as $166, 542.59 instead of $166, 542.49. Since all other

amounts indica te 49 cents, it appears th at t otal ( $166,542.59 ) wa s mistakenly in creased by 10 cents.2

amount representing $6,000.00 in past unreimb ursed ex penses

, $160,000.00 in pain

and suffering

, $5 42.49 in p ast un reimbursed expenses

. Proffer at 2 . According to

respondent’s Proffer, petitioner agrees to each of these proposed amounts

. Id. at 1

- 2.

Respondent indicates petitio ner is a competent adult and guardianship is not required in

this case. Id. at 2.

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

sum payment of $ 166,542.49 in the form of a check payable to petitioner, Aimee

Deak

. 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. 4

s/Denise K. Vowe ll

Denise K. Vowell

Chief Special Master

4 Pursuant to Vaccine Rule 11(a), entry of j udgment can be expedited by each party filing a notice

renouncing the right to seek review.