# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 20

- 1572 V UNPUBLISHED

ROSE MARIE DONAHUE

,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: April 6, 2022

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.

Julia Marter Collison , U.S. Department of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES 1

On November 12, 202 0
, Rose Marie Donahue 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 left shoulder injur ies related to vaccine administration (SIRVA) resulting from the influenza (flu) vaccin ation she received on November 19, 2019

. Petition at 1

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

On February 16, 2022

, a ruling on entitlement was issued , finding P etitioner entitled to compensation for SIRVA . On March 30, 2022

, R espondent filed a p roffer on

a ward of compensation (“Proffer”) indicating P etitioner should be awarded $ 50, 425 .00
, including $50,000 .00 in pain and suffering , and $ 425.00 in unreimbursed expenses

. Proffer at 1

- 2

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

1 Because this unpublished D ecision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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 D ecision 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 section references to the Vaccine Act will be to the p ertinent subparagraph of 42 U.S.C. § 300aa (2012).2

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 $50,425.00, including $50,000.00 in pain and suffering, and $425.00 in unreimbursed expenses , in the form of a check payable to P etitioner

. This amount represents compensation for all damages that w ould be available under Section 15 (a)

.
The Clerk of 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.IN THE UNITED STATES CO URT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS

ROSE MARIE DONAHUE,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. No. 20-1572V Chief Special Master Corcoran SPU

RESPONDENT’S P ROFFER ON AWARD OF COMPENSATION

On November 12, 2020, Rose Marie Donahue (“petitioner”) f iled a petition for

com pensation (“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C.

§§ 300aa-1 to 34 (“Vaccine Act” or “Act”), as am ended. Petitioner alleges that she suffered a

Shoulder Injury Related to Vaccine Administration (“SIRVA”) as a re sult of an influenza (“flu”)

vaccine administered to her on November 19, 2019. On January 21, 2022, respondent filed his

Vaccine Rule 4(c) report, r ecommending that compensation be awarded. ECF No. 17. On

February 16, 2022, the Chief Special Master issu ed a Ruling on Entitlement finding petitioner

entitled to compensation. ECF No. 18.

I. Items of Compensation

Respondent proffers that petitioner shoul d be awarded $50.000.00 in pain and suffering

damages, and $425.00 in unreimbursed expenses. See 42 U.S.C. § 300aa-15(a). Petitioner

agrees.2 II. Form of the Award

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

Respondent recommends that the compensation pr ovided to petitioner sh ould be made through a

lump sum payment as described below and request s that the Chief Special Master’s decision and

the Court’s judgment award the following 1 : a lump sum payment of $50,425.00, representing

compensation for all elements of economic and noneconomic damages, in the form of a check

payable to petitioner, Rose Marie Donahue.

III. Summary of Recommended Payments Following Judgment

Lump sum payable to petitioner, Rose Marie Donahue $50,425.00

Respectfully submitted,

BRIAN M. BOYNTON Principal Deputy Assistant Attorney General

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

HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division

DARRYL R. WISHARD Assistant Director Torts Branch, Civil Division

1 Should petitioner die prior to entry of judgme nt, the parties reserve the right to m ove the Court for appropriate relief. In particular, respondent would oppose any award for future lost earnings and future pain and suffering.3 /s/ Julia M. Collison JULIA M. COLLISON Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Ben Franklin Station Washington, DC 20044-0146 Tel: (202) 305-0102 Julia.collison@usdoj.gov

Dated: March 30, 2022