# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 19-1401V

UNPUBLISHED

RENEE GOREE,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: September 2, 2021

Special Processing Unit (SPU);

Damages Decision Based on Proffer;

Influenza (Flu) Vaccine; Shoulder

Injury Related to Vaccine
Administration (SIRVA)

Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner.

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

DECISION AWARDING DAMAGES 1

On September 12, 2019, Renee Goree f iled a petition for compensation under the National Vaccine Injury Compensati on Program, 42 U.S.C. §300aa-10, et seq. 2 (the “Vaccine Act”). Petitioner alleges that she su ffered a shoulder injury related to vaccine administration (“SIRVA”) as a result of an infl uenza (“flu”) vaccine administered to her left

shoulder on October 13, 2017. Petition at Pr eamble. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On March 29, 2021, a ruling on entitlement was issued, finding Petitioner entitled

to compensation for SIRVA. On September 1, 2021, Responde nt filed a proffer on award

of compensation (“Proffer”) i ndicating Petitioner should be aw arded $95,000.00 in actual

and projected pain and suffering 3 . Proffer at 1. In the Pr offer, Respondent represented

1 Because this unpublished Decision contains a reas oned explanation for the action in this case, I am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 EGovernment Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic

Government Services). This means the Decision will be availa ble 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 whic h would constitute an unwarranted invasion of privacy.

If, upon review, I agree that the identified material fits with in this definition, I will r edact 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 section references to the Vaccine Ac t will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

3 This amount reflects that any award for project ed pain and suffering has been reduced to net present

value.2 that Petitioner agrees wit h the proffered award. Id. Based on the record as a whole, I find

that Petitioner is entitled to an aw ard as stated in the Proffer.

Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $95,000.00 (in actual and proj ected pain and suffering) in the form

of a check payable to Petitioner. This amount represents co mpensation for all damages

that would be available under Section 15(a).

The clerk of the court is directed to enter judgment in a ccordance with this

decision. 4

IT IS SO ORDERED.

s/Brian H. Corcoran

Brian H. Corcoran

Chief Special Master

4 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.1 THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

RENEE GOREE

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. No. 19

- 1401 V

Chief Special Master Corcoran

PROFFER ON AWARD OF DAMAGES

On September 12, 2019, Renee Goree (“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. Petiti oner alleges that she suffered a left Shoulder

Injury Related to Vaccine Administration (“SIRVA”) resulting from an influenza (“flu”)

vaccination administered on October 13, 2017. Petition at Preamble

. Respondent concluded

that petit ioner’s alleged injury sat isfied the criteria of the Vaccine Injury Table, and therefore

conceded petitioner’s entitlement to compensation in his Rule 4(c) Report filed on March 25,

2021

. ECF No. 23. Based on Respondent’s Rule 4(c) Report the Court found petitioner entitled

to co mpensation on March 29, 2021

. ECF No. 24.

I. Item of Compensation

Respondent proffers that petitioner should be awarded $ 95,0 00 .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.2 II. Form of the Award

Respondent recommends that the compensation provided to petitioner should be made

through a lump sum payment of $ 95,0 00.00 in the form of a check made payable to petitioner. 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 guardi anship is not required in this case.

Respectfully submitted,

BRIAN M. BOYNTON

Acting Assistant Attorney General

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division

HEATHER L. PEARLMAN

Depu ty Director

Torts Branch, Civil Division

DARRYL R. WISHARD

Assistant 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 would oppose any award for future

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

.3 s/ Jennifer L. Reynaud

J ENNIFER 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

Jennifer.L.Reynaud@usdoj.gov

D ATED : September 1, 2 0 21