# In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS

No. 19
- 1630 V UNPUBLISHED

KAYLEE NELSON ,

Petitioner, v.
SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. Chief Special Master Corcoran
Filed: April 9, 2021 Special Processing Unit (SPU); Damages Decision Based on Proffer; Hepatitis B (Hep B) Vaccine; Shoulder Injury Related to Vaccine Administration (SIRVA)

Leah V

. Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC , for petitioner.
Ida Nassar

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

DECISION AWARDING DAMAGES 1
On October 21, 20 19 , Kaylee Nelson filed a petition 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 suffered shoulder injury related to vaccine administration (SIRVA), resulting f rom the adverse ef fects of a Hep atitis B (Hep B) vaccination she received on February 4, 2019

. Petition at 1

. Petitioner further alleges that the vaccination was received in the United States, her pain lasted longer than six months, and that neither Petitioner, nor any other party, has ever received compensation in the form of an award or settlement for Pet itioner ’ s SIRVA . Petition at 1, 3

. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On April 16, 20 20 , a ruling on entitlement was issued , finding P etitioner entitled to compensation for SIRVA . On April 8, 2021 , R espondent filed a p roffer on a ward of

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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). This means the decision will be available to anyone with access to the internet. 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, I agree that the identified material fits within 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 (2012).2

compensation (“Proffer”) indicating P etitioner should be awarded $ 120, 200.13

. Proffer at 2

. In the Proffer, R espondent represented that P etitioner agrees with the proffered award. Id. Based on the record as a whole, I find that P etitioner is entitled to an award as stated in the Proffer. Pursuant to the terms stated in the attached Proffer, I award P etitioner a lump sum payment of $ 120 ,20 0.13 in the form of a check payable to P etitioner

. This amount represents compensation for all damages that w ould be available under § 15 (a)

. The clerk of the court is directed to enter judgment in accordance with this decision. 3
IT IS SO ORDERED.

s/Brian H. Corcoran Brian H. Corcoran Chief Special Master

3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint fil ing of notice renouncing the right to seek review.IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS

KAYLEE NELSON , P etitioner,

v.
S ECRETARY OF HEALTH AND HUMAN SERVICES,

R espondent. ) ) ) ) ) ) ) ) ) ) ) ) N o. 19

- 1630 V Chief Special Master Corcoran ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

O n October 21, 2019, Kaylee Nelson (“petitioner”) filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa

- 1 to

- 34 (“Vaccine Act” or “Act”) , alleging that s he suffered a S houlder I njury R elated to Vaccine

Administration (“SIRVA”) , as defined in the Vaccine Injury Table, following administration of a Hepatitis B va ccine she received on February 4, 2019

. Petition at 1. On April 16, 2020 , the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that this case is appropriate for compensation under the terms of the Act for a SIRVA Table injury , and on that same date , the Chief Special Master issued a Ruling on Entitlement finding petitioner

entit led to compensation. ECF Nos. 13

- 14.

I. Items of Compensation

A. Pain and Suffering Respondent proffers that petitioner should be awarded $ 120 ,0 00.00 in pain and suffering

. See 42 U.S.C. § 300aa

- 15(a)(4). Petitioner agrees.2 B. Past Unreimbursable Expenses Evidence supplied by petitioner documents that s he incurred past unreim bursable expenses related to her vaccine

- related injury. Respondent proffers that petitioner should be awarded past unreimbursable expenses in the amount o f $200.13

. See 42 U.S.C. § 300aa

15(a)(1)(B). Petitioner agrees. These amounts represent all elements of compensation to which petitioner is entitled

under 42 U.S.C. § 300aa

- 15(a)

. Petitioner agrees.

II. Form of the Award Petitioner is a competent adult. Evidence of guardianship is not required in this case. Respondent recommends that the compensation provided to petitioner should be made through a lump sum payment as described below and requests that the Chief Special Ma ster’s decision and the Court’s judgment award the following 1 : a lump sum payment of $ 120,200.13 , in the form of a check payable to petitioner.

III. Summary of Recommended Payments Following Judgment Lump sum p aya ble to petitioner, Kaylee Nelson : $ 120,200 .13 Respectfully submitted,

B RIAN M. BOYNTON Acting Assistant Attorney General

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

H EATHER L. PEARLMAN Acting Deputy Director Torts Branch, Civil Division

1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court for appropriate relief. In particular, respondent would oppose any award for future lost earnings and future pain and suffering.3 GABRIELLE M. FIELDING Assistant Director Torts Branch, Civil Division

/ s/ Ida Nassar I DA NASSAR 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

- 4186
DATED: April 8 , 2021