# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 18

- 15 05 V

UNPUBLISHED

JENNIFER KAPPRE

,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: January 19, 2021

Special Processing Unit (SPU); Damages Decision Based on Proffer; Influenza (Flu) Vaccine; Shoulder Injury Related to Vaccine Administration (SIRVA)

Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC , for petitioner.

Jennifer Leigh Reynaud , U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

On September 28, 2018

, Jennifer Kappre 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 left shoulder injury related to vaccine administration (“SIRVA”) as a result of an influenza vaccination she received on October
6, 2017

. Petit ion at 1

. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On December 3, 2019

, a ruling on entitlement was issued , finding P etitioner entitled to compensation for SIRVA . On January 19, 2021

, R espondent filed a p roffer on

a ward of compensation (“Proffer”) indicating P etitioner should be awarded $ 127,500.00

. Proffer at 1

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

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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 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 cit ation, all “§” references to the Vaccine Act will be to the pertinent subpara graph of 42 U.S.C. § 300aa (2012 ).2

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 $ 127,500.00 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 fil ing of notice renouncing the right to seek review.1 IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

JENNIFER KAPPRE

,

Petitioner,

v.

SECRETARY OF HEALTH AND
HUMAN SERVICES,

Respondent. No. 18-1505V Chief Special Master Corcoran

ECF

PROFFER ON AWARD OF DAMAGES

On September 28 , 2018, Jennifer Kappre (“petitioner”) filed a petition for compensation

(“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -

34 (“Vaccine Act” or “Act”), as amended. Petitioner alleged that she suffered a Shoulder Injury

Related to Vaccine Administration (“SIRVA”) following her receipt of an influenza vaccine on

October 6, 2017. Respondent conceded petitioner’s entitlement to compensatio n in his Rule 4(c)

Report filed o n December 2 , 2019. Based on Respondent’s Rule 4(c) Report the Court found

petitioner entitled to compensation.

I. Item of Compensation

Respondent proffers that petitioner should be awarded $127,500.00 in actual and

projected pain and suffering. This amount reflects that any award for projected pain and

suffering has been reduced to net present value. See 42 U.S.C. § 300aa- 15(a)(4). Petitioner

agrees.

II. Form of the Award

Respondent recommends tha t the compensation provided to petitioner should be made

through a lump sum payment of $127,500.00 , in the form of a check made payable to petitioner.2 1 This lump sum payment represents all elements of compensation to which petitioner would be

entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.

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

Respectfully submitted,

JEFFREY BOSSERT CLARK Acting Assistant Attorney General

C. SALVATORE D’ALESSIO Acting Director
Torts Branch, Civil Division

HEATHER L. PEARLMAN Acting Deputy Director

Torts Branch , Civil Division

ALEXIS B. BABCOCK

Assistant Director
Torts Branch, Civil Division

s/ Jennifer L. Reynaud

JENNIFER L. REYNAUD 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) 305-1586

Date: January 19, 2021

1 Should petitioner die prior to the entry o f 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.