# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 18

- 728 V

UNPUBLISHED

BARBARA MURRAY

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: March 26, 2020

Special Processing Unit (SPU);

Damages Decision Based on Proffer;

Influenza (Flu) Vaccine; Shoulder

Injury Related to Vaccine

Administration (SIRVA)

Diana Lynn Stadelnikas, Maglio Christopher & Toale, PA, Sarasota, FL , for petitioner.

Traci R. Patton , U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

On May 23, 2018

, Barbara Murray, filed a petition for compensation under the

National Vaccine Injury Compensation Program, 42 U.S.C. §300aa

- 10, et seq.

, 2 (the

“Vaccine Act”)

. Thereafter, P etitioner filed an amended Petition on September 10,

2018. Petitioner’s amended Petition all eges that her influenza (“flu”) vaccination on

October 14, 2016, caused her to suffer a shoulder injury related to vaccine

administration (“SIRVA”). Amended Petition at 1

- 3. The case was assigned to the

Special Processing Unit of the Office of Special Mas ters.

On April 25, 2019

, a ruling on entitlement was issued , finding P etitioner entitled

to compensation for SIRVA . On March 24, 2020

, R espondent filed a p roffer on a ward

of compensation (“Proffer”) indicating P etitioner should be awarded $ 71,075.42

. The

award is comprised of the following: $70,000.00 for pain and suffering and $1,075.42 for

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am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 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 o f 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §

300aa (2012).2 past out of pocket medical expenses. Proffer at 1

. In the Proffer, R espondent

represented that P etitioner agrees with the proffered award. Id. 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 $ 71,075.42 ( comprised of the following: $70,000.00 for pain and

suffering and $1,075.42 for past out of pocket medical expenses ) in the form of a

check payable to P etitioner

. 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/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

BARBARA MURRAY

,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN

SERVICES,

Respondent. )

)

)

)

)

)

)

)

)

) No. 18

- 728 V

Chief Special Master Corcoran

ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Items of Compensation

On April 24 , 2019 , respondent conceded that entitlement to compensation was

appropriate under the terms of the Vaccine Act. Chief Special Master Dorsey issued a Ruling on

Entitlement on A pril 25 , 2019 , finding that petitioner was entitled to vaccine compensation for

her right

- sided shoulder injury. Based upon the evidence of record, respondent proffers that

petitioner should be awarded $ 71,075.42 . The award is comprised of the following: $ 7 0 ,000.00

for pain and suffering and $ 1,075.42 for past out of pocket medical expenses. This amount

represents all elements of compensation to which petitioner would be entitled under 42 U.S.C.

§ 300aa

- 15(a). Petitioner agrees.2 II. Form of the Award

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

a lump sum payment of $ 7 1,075.42 , in the form of a check payable to petitioner. 1 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

H EATHER L. PEARLMAN

Assistant Director

Torts Branch, Civil Division

s/ Traci R. Patton

TRACI R. PATTON

Senior Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

Benjamin Franklin Station

Washington, D.C. 20044

- 0146

Telephone: (202) 353

- 1589

Dated: M arch XX , 2020

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.