# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 16-1026V

Filed: March 29, 2017

UNPUBLISHED

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

JOHN BELT, *

*

Petitioner, * Damages Decision Based on Proffer;

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

* Related to Vaccine Administration

SECRETARY OF HEALTH * (“SIRVA”);

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

*

Respondent. *

*

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

Bruce Slane, Law Office of Bruc e W. Slane, P.C ., for petitioner.

Claudia Gangi, U.S. Department of Just ice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

Dorsey , Chief Special Master:

On August 18, 2016, petitioner filed a petition for compensation under the

National Vaccine Injury Compensat ion Program, 42 U.S.C. §300aa-10, et seq.

, 2 (the

“Vaccine Act”). Petitioner alleges that he suffered a shoulder injury related to vaccine

administration (“SIRVA”) following an October 30, 2015 influenza (“flu”) vaccination in

his left shoulder. Petition at 1. The case was assigned to the Special Processing Unit

of the Office of Special Masters.

On January 26, 2017, a ruling on entitle ment was issued, finding petitioner

entitled to compensation for a SIRVA. On March 28, 2017, respondent filed a proffer on

award of compensation (“Proffe r”) indicating petitioner should be awarded $75,000.00.

Proffer at 1. In the Proffer, respondent represented that petit ioner agrees with the

proffered award. Based on the record as a whole, the undersigned finds that petitioner

is entitled to an award as stated in the Proffer.

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the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). Case 1:16-vv-01026-UNJ Document 23 Filed 03/29/17 Page 1 of 22 Pursuant to the terms stat ed in the attached Proffer, the undersigned awards

petitioner a lump sum payment of $75,000. 00 in the form of a check payable to

petitioner, John Belt. This amount represents compens ation for all damages that

would be available un der § 300aa-15(a).

The clerk of the court is directed to enter judgment in accordance with this

decision. 3

IT IS SO ORDERED.

17 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. Case 1:16-vv-01026-UNJ Document 23 Filed 03/29/17 Page 2 of 2IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

_________________________________________ )

JOHN BELT

, )

)

Petitioner, )

) No. 16

- 1026 V

v. ) Chief Special Master Dorsey

) ECF

SECRET ARY OF HEALTH AND )

HUMAN SERVICES, )

)

Respondent. )

__________________________________________)

PROFFER ON AWARD OF COMPENSATION

I. Items of Compensation

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

$75 ,000.00, 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

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

Respondent recommends that the compensation provided to petitioner should be made t h rough a

lump sum payment of $75 ,000.00, in the form of a check payable to petitioner. Petitioner agrees.

Respectfully submitted,

C HAD A. READLER

A cting Assistant Attorney General

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division

1 Should petitioner die prior to the entry of judgment, the parties reserve the right to move the

Court for appropriate relief. In particular, respondent would oppose any award for future

medical expenses, future lost earnings, and future pain and suffering

. Case 1:16-vv-01026-UNJ Document 23-1 Filed 03/29/17 Page 1 of 22 CAT HARINE E. REEVES

Deputy Director

Torts Branch, Civil Division

ANN D. MARTIN

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: M arch 28 , 201 7 Case 1:16-vv-01026-UNJ Document 23-1 Filed 03/29/17 Page 2 of 2