# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 20

- 1115 V

UNPUBLISHED

CHR ISTA SM ITH

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: January 12, 2022

Special Processing Unit (SPU);

Damages Decision Based on Proffer;

Human Papillomavirus (HPV)

Vaccine; Shoulder Injury Related to

Vaccine Administration (SIRVA)

Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA , for Petitioner.

Matthew Murphy

, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES 1

On September 1, 2020

, 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 a human papillomavirus ( “ HPV ” ) vaccine

administered to her on June 27, 2019

. Petition at 1

. The case was assigned to the Special

Processing Unit of the Office of Special Masters.

On December 13, 2021

, a ruling on entitlement was issued , finding P etitioner

entitled to compensation for SIRVA . On January 12, 2022

, R espondent filed a p roffer on

a ward of compensation (“Proffer”) indicating P etitioner should be awarded $ 5 8

, 415 .00

(co mprised of $55,000.00 in pain and suffering and $3 ,415.00 in past unreimbursa ble

expenses)

. Proffer at 1

- 2

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

1 Because this unpublished D ecision contains a reasoned explanation for the action in this case, I am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 fits 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 pertinent subparagraph of 42 U.S.C. §

300aa (2012).2

with the proffered award. Id

. at 2. 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 $ 58,415.00 (comprised of $55,000.00 in pain and suffering and

$3,415.00 in past unre imbursable expens es) 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 the 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

CHRISTA SMITH

,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN

SERVICES,

Respondent. )

)

)

)

)

)

)

)

)

)

)

) No. 20

- 1115V

Chief Special Master Corcoran

SPU

ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On September 1 , 2020

, Christa Smith (“petitioner”) filed a petition 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 suffered a S houlder I njury R elated to Vaccine

Administration (“SIRVA”)

, as defined in the Vaccine Injury Table, following administration of a

h uman papillomavirus (“ HPV ”) vaccine she received on June 27, 2019

. Petition at 1

, 4

- 5

. On

December 9, 2021 , the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c)

Report indicating that this case is appropriate for compensation under the terms of the Act for a

SIRVA Table injury , and on December 13, 2021

, the Chief Special Master issued a Ruling on

Entitlement finding petitioner entit led to compensation. ECF No. 2 3 ; ECF No. 2 4

.

I. Items of Compensation

A. Pain and Suffering

Respondent proffers that petitioner should be awarded $ 55 ,0 00.00 in pain and suffering

.

See 42 U.S.C. § 300aa

- 15(a)(4). Petitioner agrees.2 B. Past Unreimbursable Expenses

Evidence supplied by petitioner documents that she incurred past unreimbursable

expenses related to her vaccine

- related injury. Respondent proffers that petitioner should be

awa rded past unreimbur sable expenses in the amount of $ 3,415.00

. See 42 U.S.C. § 300aa

15(a)(1)(B). Petitioner agrees.

These amounts represent all elements of compensation to which petitioner is entitled

under 42 U.S.C. § 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 recommends that the compensation provided to petitioner should be made through a

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

the Court’s judgment award the following 1 : a lump sum payment of $ 58,415.00

, in the form of a

check payable to petitioner.

III. Summary of Recommended Payments Following Judgment

Lump sum payable to petitioner, Christa Smith : $ 58,415.00

Respectfully submitted,

BRIAN M. BOYNTON

Assistant Attorney General

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division

HEATHER L. PEARLMAN

Deputy 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 ALEXIS B. BABCOCK

Assistant Director

Torts Branch, Civil Division

/s/ Matthew L. Murphy

MATTHEW L. MURPHY

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

- 4840

Email: matthew.murphy@usdoj.gov

DATED: January 12, 2022