# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 21

- 0131 V

UNPUBLISHED

DYAN LABELLE

,

Petitioner,

v.

SECRETARY OF HEALTH AND
HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: September 13, 2022

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

Edward M. Kraus, Kr

aus Law Group, LLC , Chicago, IL , for Petitioner.

Jennifer A. Shah , U.S. Department of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES 1

On January 6, 2021

, Dyan Labelle 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 a shoulder injury related to vaccine

administration ( “ SIRVA ” ) as a result of an influenza vaccine recei ved on October 23,

2019

. 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 SIRVA . On September 13, 2022

, R espondent filed a p roffer on a ward of compensation (“Proffer”) indicating P etitioner should be awarded $ 63,527.7 8

. Proffer

at 1

. In the Proffer, R espondent represented that P etitioner agrees with the proffered

1 Because this unpublished D ecision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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

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 $ 63,527.7 8 ( consist ing of $62,500.00 for pain and suffer ing and $1,0 27.78 in unreimbursed medical exp enses) 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.IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

DYAN LaBELLE

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. No. 21

- 131 V Chief Special Master Corcoran

ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On January 6, 2021

, Dyan LaBelle (“petitioner”) filed a petition for compensation

(“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa

- 1 to

– 34

, as amended (“Vaccine Act” or “Act”)

. Petitioner allege d that s he suffered a left S houlder

I njury R elated to V accine A dministration (“SIRVA”) as a result of an influenza (“flu”) vaccine

administered on October 2 3 , 201 9

. Petition at 1.

On June 16, 2022, respondent filed his Vaccine Rule 4(c) report, recommending that

compensation be awarded. Resp.’s Rept. at 1 ( ECF No. 31 )

. The same day

, this Court issued a

Ruling o n Entitlement finding petitioner entitled to compensation

. ECF No. 32.

I. Items of Compensation

Respondent proffers that petitioner should be awarded $ 63,527.7 8 , consisting of

$ 62,500 .00 for pain and suffering and $ 1,027.78 in unreimbursed medical expenses . This

represents all elements of compensation to which petitioner would be entitled under 42 U.S.C.2 § 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 recommend s that the compensation provided to petitioner should be made through a

lump sum payment as described below and request s that the Chief Special Master’s decision and

the Court’s judgment award the following 1 : a lump sum payment of $63 ,527.7 8 , representing

compensation for all elements of economic and noneconomic damages

, in the form of a check

payable to petitioner, Dyan LaBelle

.

III. Summary of Recommended Payment Foll ow ing Judgment

Lump sum payable to petitioner, Dyan LaBelle : $63,527.7 8.

Respectfully submitted,

BRI AN BOYNTON
Principal Deputy Assistant Attorney General

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

HEATHER L. PEARLMAN Deputy Director
Torts Branch, Civil Division

DARRYL R. WISHARD

Assistant 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 s/ Jennifer A. Shah

Jennifer A. Shah 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) 305

- 2181 Jennifer.shah@usdoj.gov

Dated: September 1 3 , 2022