# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 20

- 390 V

UNPUBLISHED

MANDY REMILLARD

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: July 19, 2021

Special Processing Unit (SPU);

Damages Decision Based on Proffer;

Influenza (Flu) Vaccine; Shoulder

Injury Related to Vaccine

Administration (SIRVA)

Leigh Finfer, Muller Brazil, LLP, Dresher, PA , for petitioner.

James Vincent Lopez , U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

On April 6, 2020, Mandy Remillard 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 lef t Shoulder Injury Related to

Vaccine Administration (“SIRVA”) as a result of her November 13, 2018 influneza (“flu”)

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

Masters.

On July 16, 2021

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

compensation for SIRVA . On July 19, 2021

, R espondent filed a p roffer on a ward of

compensation (“Proffer”) indicating P etitioner should be awarded $ 110,000.00 in pain and

suffering and past lost earnings in the amount of $656.06

. Proffer at 1

- 2

. In the Proffer,

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am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 citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa

(2012).2 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 $110,656.06 ( $ 110,000.00 representing pain and suffering and

$656.06 representing lost wages) 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.IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

___________________________________ )

MANDY REMILLARD, )

)

Petitioner, )

) No. 20

- 390V

v. ) Chief Special Master Brian H. Corcoran

) ECF

SECRETARY OF HEALTH AND )

HUMAN SERVICES, )

)

Respondent. )

____________________________________)

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On April 6, 2020

, Mandy Remillard (“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 de fined in the Vaccine Injury Table, following administration of a n infl u enza

(“flu ”) va ccine she received on November 13 , 201 8

. On July 15 , 202 1 , the Secretary of Health

and Human Services (“respondent”) filed a Rule 4(c) Report indicating that this case i s

appropriate for compensation under the terms of the Act for a SIRVA Table injury , and on July

16 , 202 1

, the Chief Special Master issued a Ruling on Entitlement finding petitioner entit led to

compensation. ECF No. 20 ; EC F No. 21

.

I. Items of Compensation

A. Pain and Suffering

Respondent proffers that petitioner should be awarded $ 110

, 0 00.00 in pain and suffering

.

See 42 U.S.C. § 300aa

- 15(a)(4). Petitioner agrees.2 B. Past Lost Earnings

Evidence supplied by petitioner documents that she incurred past lost earnings related to

her vaccine

- related injury. Respondent proffers that petitioner should be awarded past lost

earnings in the amount of $ 656.06

. 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 petiti oner 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 $ 110

, 656.06

, in the form of

a check payable to petitioner.

III. Summary of Recommended Payments Following Judgment

Lump sum payable to petitioner, Mandy Remillard : $ 11 0

, 656

. 06

Respectfully submitted,

BRIAN M. BOYNTON

Acting Assistant Attorney General

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Di vision

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 DARRYL R. WISHARD

Assistant Director

Torts Branch, Civil Division

/s James V. Lopez

. JAMES V. LOPEZ

Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146, Ben Franklin Station

Washington, D.C. 20044

- 0146

Tel: (202) 616

- 3655

Fax: (202) 616

- 4310

Email: james.lopez@usdoj.gov

Date: July 1 9 , 2021