# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 15

- 0845 V

Filed: May 11, 2016

U npublished

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

GLORIA KEYES , *

*

Petitioner, * Damages Decision B ased on Proffer;

v. * Influenza (“f lu”) Vaccine ; Shoulder

* Injury Related to Vaccine

SECRETARY OF HEALTH * Administration ( “ SIRVA ” ); Special

AND HUMAN SERVICES, * Processing Unit ( “ SPU ”)

*

Respondent. *

*

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

Paul R. Brazil, Muller Brazil, LLP, Dresher, PA

, for petitioner.

Ann D. Martin , U .S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

Dorsey

, Chief Special Master:

On August 7, 2015

, Gloria Keyes ( “p etitioner ”) 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 alleged that as a result of receiving an influenza

(“flu”) vaccine on November 24, 2014, she suffered tendonitis and disorders of bursae

and tendons in her left shoulder. The case was assigned to the Special Processing Unit

(“ SPU ” ) of the Office of Special Masters

.

On April 8, 2016

, a ruling on entitlement was issued , finding petitioner entitled to

compensation for shoulder injury related to vaccine administration (“SIRVA”) . On May

10, 2016 , respondent filed a p roffer on a ward of compensation (“Proffer”) indicating

petitioner should be awarded $ 80,800.00

. Proffer at 1. In the Proffer, respondent

represented that petitioner agrees with the proffered award. Based on the record as a

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the

undersigned intend s 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)

. 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, the undersigned agree s that the ident ified 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 Act will be to the pertinent subparagraph of 42 U.S.C. §

300aa (2012).2 whole, the undersigned finds that petitioner is entitled to an award as stated in the

Proffer.

Pursuant to the terms stated in the attached Proffer, the undersigned award s

petitioner a lump sum payment of $8 0,800.00 in the form of a check payable to

petitioner, G loria Keyes

. 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. 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 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

____________________________________ )

GLORIA KEYES, )

)

Petitioner, )

) No. 15

- 845V

v. ) Chief Special Master Dorsey

) ECF

SECRETARY OF HEALTH AND )

HUMAN SERVICES, )

)

Respondent. )

____________________________________)

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Items of Compensation

Based upon the evidence of record, respondent proffers that petitioner should be awarded

$ 80,800 .00, which represents all elements of compensation to which petitioner would be entitled

under 42 U.S.C. § 300aa

- 15(a)

. 1 Petitioner agrees.

II. Form of the Award

The parties recommend that the compensation provided to petitioner should be made

through a lump sum payment of $ 80,800 .00 in the form of a check payable to petitioner.

Petitioner agrees.

Respectfully submitted,

BENJAMIN C. MIZER

Principal Deputy Assistant Attorney General

RUPA BHATTACHARYYA

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 oppo se any award for future pain and

suffering

.2 VINCENT J. MATANOSKI

Deputy Director

Torts Branch, Civil Division

HEATHER L. PEARLMAN

Senior Trial Attorney

Torts Branch, Civil Division

s/ ANN D. MARTIN

ANN D. MARTIN

Senior Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

Benjamin Franklin Station

Washington, D.C. 20044

- 0146

Te l.: (202) 307

- 1815

DATED: May 10, 2016