# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 18

- 663 V

Filed: April 10, 2019

UNPUBLISHED

KRISTINA LINK

,

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)

Shealene Priscilla Mancuso, Muller Brazil, LLP, Dresher, PA , for petitioner.

Ashley Monique Simpson , U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

Dorsey

, Chief Special Master:

On May 10, 2018

, 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 September 19, 2016 influenza (“flu”)

vaccination

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

Office of Special Masters.

On March 15, 2019

, a ruling on entitlement was issued , finding petitioner entitled

to compensation for SIRVA . On April 10, 2019 , respondent filed a p roffer on a ward of

compensation (“Proffer”) indicating petitioner should be awarded $ 69,197.97,

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 information,

the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, the

undersigned agrees that the iden tified 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 Because this unpublished decision contains a reasoned explanation for the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 State s 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)

.

2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99

- 660, 10 0 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 representing $65,000.00 in compensation for pain and suffering and $4,197.97 in

compensation for past out of pocket medical expenses

. Proffer at 1

. 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 $ 69,197.97, representing $65,000.00 in

compensation for pain and suffering and $4,197.97 in compensation for past out

of pocket medical expenses in the form of a check payable to petitioner, Kristina

Link

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

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

KRISTINA LINK

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. No. 18

- 663V

Chief Special Master Dorsey

ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Items of Compensation

On March 14, 201 9 , respondent conceded that entitlement to compensation was

appropriate under the terms of the Vaccine Act. Thereafter, on March 15, 2019 , Chief Special

Master Dorsey issued a Ruling on Entitlement, finding that petitioner was entitled to vaccine

compensation for her Shoulder Injury Related to Vaccine Administration (“SIRVA”). Based

upon the evidence of record, respondent pro ffers that petitioner should be awarded $69,197.97

.

The award is comprised of the following: $65,000 .00 for pain and suffering ; and $ 4,197.97 for

past out of pocket medical expenses

. Th is amount represent s all elements of compensation to

which petitioner would be entitled under 42 U.S.C. § 300aa

- 15(a)

. Petitioner agrees.

II. Form of the Award

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

a lump sum paym ent of $69,197.97 , in the form of a check payable to petitioner. Petitioner

agrees.Petitioner is a competent adult. Evidence of guardianship is not required in this case.

Respectfully submitted,

JOSEPH H. HUNT

Assistant Attorney General

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division

CATHARINE E. REEVES

Deputy Director

Torts Branch, Civil Division

A LEXIS B. BABCOCK

Assistant Director

Torts Branch, Civil Division

S/ ASHLEY SIMPSON

Ashley Simpson

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

- 0253

Email: Ashley. M. Simpson@usdoj.gov

Dated: April 10, 2019