# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 16-991V

Filed: March 3, 2017

UNPUBLISHED

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

DENISE PROCIDA, *

*

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. *

*

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

Paul Brazil, Muller Brazil, LLP , Dresher, PA, for petitioner.

Althea Davis, U.S. Department of Ju stice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

Dorsey , Chief Special Master:

On August 12, 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 fo llowing an influenza (“flu ”) vaccine she received

on October 9, 2015, she suffered a shoulder injury related to vaccine administration

(“SIRVA”). Petition at 1. The case was a ssigned to the Special Processing Unit of the

Office of Special Masters.

On January 4, 2017, a ruling on entitlement was issued, fi nding petitioner entitled

to compensation for a SIRVA. On March 3, 2017, respondent filed a proffer on award of

compensation (“Proffer”) indica ting petitioner should be awar ded $81,391.21. Proffer at

1. In the Proffer, resp ondent represented that petitioner agrees with the proffered

award. Based on the record as a whole, t he 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1 Because this unpublished decision contains a reasoned explanation for the action in this case, the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).2 Pursuant to the terms stat ed in the attached Proffer, the undersigned awards

petitioner a lump sum payment of $81,391. 21 in the form of a check payable to

petitioner, Denise Procida. This amount represents co mpensation for all damages

that would be availabl e under § 300aa-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 c an 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

DENISE PROCIDA, )

)

Petitioner, ) No. 16

- 991V

) Chief Special Master

v. ) Nora Beth Dorsey

) ECF

SECRETARY 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

$81,391.21 , which represents all elements of compen sation 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 through a

lump sum pa yment of $ 81,391.21 , in the form of a check payable to petitioner. Petitioner agrees.

Respectfully submitted,

CHAD A. READLER

Acting Assistant Attorney General

C. SALVATO RE 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 wou ld oppose any award for future

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

.CATHARINE E. REEVES

Deputy Director

Torts Branch, Civil Division

GLENN A. MACLEOD

Senior Trial Counsel

Torts Branch, Civil Division

s/Althea Walker Davis

ALTHEA WALKER DAVIS

Senior Trial Counsel

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

Benjamin Franklin Station

Washington, D.C. 20044

- 0146

Tel: (202) 616

- 0515

DATED: 3 March 2017