# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 19

- 0806 V

UNPUBLISHED

SCOTT WEAVER

,

Petitioner,

v.

SECRETARY OF HEALTH AND
HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: November 20, 2020

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.

Lynn Christina Schlie , U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

On May 31, 2019

, Scott Weaver 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 he suffered a left shoulder injury related to vaccine administration (“SIRVA”) as a result of an influenza vaccination he received on October

7, 2017 . Petit ion at 1 . The case was assigned to the Special Processing Unit of the Office of Special Masters.

On November 20, 2020

, a ruling on entitlement was issued , finding P etitioner
entitled to compensation for his SIRVA . On November 20, 2020

, R espondent filed a

p roffer on a ward of compensation (“Proffer”) indicating P etitioner should be awarded
$ 73,785.71 (comprising $72,500.00 for pain and suffering and $1,285.71 for out of pocket

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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 f its 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 pert inent subpara graph of 42 U.S.C. § 300aa (2012 ).2

expenses)

. Proffer at 6

. 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 Proffer, I award P etitioner a lump sum payment of $ 73,785.71 (comprising $72,500.00 for pain and suffering and $1,285.71
for out of pocket 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.