# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 20

- 1848 V

UNPUBLISHED

DEBRA HEAGLE

,

Petitioner,

v.

SECRETARY OF HEALTH AND
HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: June 16, 2022

Special Processing Unit (SPU); Damages Decision Based on Proffer; Tetanus Diphtheria acellular Pertussis (Tdap) Vaccine; Influenza (Flu) ; Shoulder Injury Related to Vaccine Administration (SIRVA)

Brynna Gang, Kraus Law Group, LLC, Chicago, IL , for Petitioner.

Benjamin Patrick Warder , U.S. Department of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES 1

On December 14, 2020

, Debra Heagle 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 bilateral shoulder injuries related to vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine in her right arm and a tetanus, diphtheria, and pertussis (“Tdap”) vaccine in her left arm

. Petition at 1

. The

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

On June 16, 2022

, a ruling on entitlement was issued , finding P etitioner entitled to compensation for a SIRVA . On June 14, 2022

, R espondent filed a p roffer on a ward of compensation (“Proffer”) indicating P etitioner should be awarded $ 153,529.52 comprised

1 Because this unpublished D ecision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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 D ecision 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 f its 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 section references to the Vaccine Act will be to the p ertinent subparagraph of 42 U.S.C. § 300aa (2012).2 of $145,000.00 for pain and suffering and $8,5 29.52 for past out

- of

- pocket expenses

. Respondent ’ s Rule 4 (c) Report and Proffer on Damages at 7

. 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 Proffer, I award P etitioner a lump sum payment of $ 153,529.52 ( comprised of $145,000.00 for pain and suffering and $ 8,529.52 for past out

- of

- pocket expenses ) in the form of a check payable to

P etitioner

. This amount represents compensation for all damages that w ould be available

under Section 15 (a)

.

The Clerk of 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 filing of notice renouncing the right to seek review.