# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 15-1264V

Filed: May 20, 2016

UNPUBLISHED

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

LINDA K. SCHUPP, *

*

Petitioner, * Damages Decision Based on Proffer;

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

* Injury Related to Vaccine Administration

SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit

AND HUMAN SERVICES, * (“SPU”)

*

Respondent. *

*

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

Brian L. Cinelli, Marcus & Cinelli, LLP, Williamsville, NY, for petitioner.

Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

Dorsey , Chief Special Master:

On October 27, 2015, Linda K. Schupp (“petitione r”) filed a petition for

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

§300aa-10, et seq.

, 2 (the “Vaccine Act”). Petitioner al leges that she suffered pain in her

left shoulder secondary to an influenza (“flu ”) vaccine she received on September 17,

2013. Petition at 1. The case was assigned to the Special Processing Unit of the Office

of Special Masters.

On February 22, 2016, a ruling on entit lement was issued, finding petitioner

entitled to compensation. On May 20, 2016, respondent filed a proffer on award of

compensation (“Proffer”) indi cating petitioner should be awarded $111,515.80. Proffer

at 2. In the Proffer, re spondent represented t hat petitioner agrees with the proffered

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the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 Cour t 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 inform ation, the disclosure of which would constitute an

unwarranted invasion of privacy. If, upon review, t he 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 Ac t will be to the pertinent subparagraph of 42 U.S.C. §

300aa (2012).2 award. Based on the record as a whole, t he undersigned finds that petitioner is entitled

to an award as stated in the Proffer.

Pursuant to the terms stat ed in the attached Proffer, the undersigned awards

petitioner a lump sum payment of $111, 515.80, representing compensation for

pain and suffering ($110,000.00), and p ast unreimbursable expenses ($1,515.80),

in the form of a check payable to petitioner, Linda K. Schupp. This amount

represents compensation for a ll damages that would be ava ilable 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 c an be expedited by the parties’ joint filing of notice

renouncing the right to seek review.1 IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

_________________________________________ )

LINDA K. SCHUPP

, )

)

Petitioner, )

) No. 1 5

- 1264 V

v. ) Chief Special Master Dorsey

) ECF

SECRETARY OF HEALTH AND )

HUMAN SERVICES, )

)

Respondent. )

__________________________________________)

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Items of Compensation

A. Future Medical Care Expenses

Respondent proffers that based on the evidence of record, petitioner is not entitled to an

award for projected unreimbursable medical care expenses incurred from the date of judgment as

provided under 42 U.S.C. § 300aa

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

B. Lost Earnings

Respondent proffers that based on the evidence of record, petitioner is not entitled to an

award for lost earnings as provided under 42 U.S.C. § 300aa

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

C. Pain and Suffering

Respondent proffers that the Court should award Linda K. Schupp a lump sum of

$ 110 ,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 42 U.S.C. § 300aa

15(a)(4). Petitioner agrees.2 D. Past Unreimbursable Expenses

Evidence supplied by petitioner documents Linda K. Schupp ’s expenditure of past

unreimbursable expenses as a result of her vaccine

- related injury. Respondent proffers that the

Court should award Linda K. Schupp a lump sum of $ 1,515.80 for past unreimbursable expenses

as provided under 42 U.S.C. § 300aa

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

E. Medicaid Lien

Petitioner represents that there are no outstanding Medicaid liens related to her vac cine

related injury.

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 f ollowing 1 : a lump sum payment of $ 111,515.80

,

repr esenting compensation for pain and suffering ($ 110 ,000.00), and past unreimbursable

expenses ($1, 515.80 ), in the form of a check payable to petitioner

, Linda K. Schupp

.

III. Summary of Recommended Payment Following Judgment

L ump sum payable to petitioner: $ 111,515.80

Respectfully submitted,

BENJAMIN C. MIZER

Principal Deputy Assistant Attorney General

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 pain and

suffering.3 RUPA BHATTACHARYYA

Director

Torts Branch, Civil Division

VINCENT J. MATANOSKI

Deputy Director

Torts Branch, Civil Division

HEATHER L. PEARLMAN

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 2 0 , 2016