# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 17

- 481 V
Filed: August 6, 2019
UNPUBLISHED

JOANNE GURNEY

,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

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

Ronald Craig Homer, Conway, Homer, P.C., Boston, MA , for petitioner.
Julia Marter Collison , U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

Dorsey

, Chief Special Master:

On April 4, 2017

, 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 alleges that she suffered a shoulder injury related to vaccine administration (“SIRVA”) following receipt of her October 1, 2015 influenza (“f lu”)
vaccination

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

On March 19, 2019

, a ruling on entitlement was issued , finding petitioner entitled to compensation for shoulder inj ury . On July 25, 2019 , respondent filed a p roffer on

a ward of compensation (“Proffer”) indicating petitioner should be awarded $ 55,339. 0 6,

1 The un dersigned intends to post this decision on the United States Court of Federal Claims' website.
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 informat ion, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits within this definition, the undersigned will redact such material from public access. Because this unpublished decision contains a reasoned explanation for the action in this case, undersigned is required to post it on the United States Court of Federal Claims'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) (Feder al Management and Promotion of Electronic Government Services)

.

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 subpara graph of 42 U.S.C. § 300aa (2012).2

representing compensation for pain and suffering ($55,000.00), and past

unreimbursable expenses ($339.06)

. Proffer at 1

- 2

. In the Proffer, respondent represented that petitioner agrees with the proffered award. Id. Based on the record as a 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 $ 55,339.06 ( representing compensation for pain and suffering ($55,000.00), and past unreimbursable expenses ($339.06 ) ) in the form of a check payable to petitioner, Joanne Gurney

. 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/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

JOANNE GURNEY,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. ) ) ) ) ) ) ) ) ) ) ) ) No. 17-481V Chief Special Master Dorsey
ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION 1

On April 4, 2017, Joanne Gurney (“p etitioner”) filed a petitio n 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 she s uffered a shoulder injury related to vaccine administration

(“SIRVA”) as a result of an influ enza (“flu”) vaccine administe red to her on October 1, 2015.

On March 19, 2019, the Special Mas ter issued a Ruling on Entitl ement finding petitioner entitled

to compensation.

I. Items of Compensation

A. Pain and Suffering

Respondent proffers that Joa nne Gurney should be awarded $55,00 0.00 in actual and

projected pain and suffering. This amount reflects that the aw ard for projected pain and

1 The parties have no objection t o the amount of the proffered award of damages. Assuming the special master issu es a damages decision in confor mity with this proffer, the parties waive their right to see k review of such damages decisi on. However, respondent reserves his right, pursuant to 42 U.S.C . § 300aa-12(e), to seek review of the Special Master’s March 19, 2019, entitlement decision.2 suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner

agrees.

B. Unreimbursable Expenses

Evidence supplied by petitioner docu ments Joanne Gurney’s unrei mbursable expenses as

a result of her vaccine injury. R espondent proffers that petit ioner should be awarded

unreimbursable expenses i n the amount of $339.06, as provided u nder the Vaccine Act, 42

U.S.C. § 300aa-15(a)(1)(B) . Petitioner agrees.

II. Form of the Award

Petitioner is a competent adult . Evidence of guardianship is n ot required in this case.

Respondent recommends that the co mpensation provided to Joanne Gurney should be made

through a lump sum payment as described below and requests that the Special Master’s decision

and the Court’s judgment award the following 2 : a lump sum payment of $55,339.06,

representing compensati on for pain and suffering ($55,000.00), and past unreimbursable

expenses ($339.06), in the form of a check payable to petitione r, Joanne Gurney.

III. Summary of Recommended Payments Following Judgment

Lump sum payable to petitioner, Joanne Gurney: $55,339.06

Respectfully submitted,

JOSEPH H. HUNT Assistant Attorney General

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

2 Should petitioner die prior to e ntry of judgment, the parties reserve the right to move the Court for appropriate relief. I n particular, respondent would oppose any award for future lost earnings and future pain and suffering.3 CATHARINE E. REEVES Deputy Director Torts Branch, Civil Division

GABRIELLE M. FIELDING
Assistant Director Torts Branch, Civil Division

/s/ Julia M. Collison

JULIA M. COLLISON Trial Attorney Torts Branch, Civil Division U.S. Department of Justice

P.O. Box 146
Ben Franklin Station Washington, DC 20044-0146 Tel: (202) 305-0102

Dated: July 25, 2019