# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 15

- 000 3 V

Filed: Ma y 28 , 2015

* * * * * * * * * * * * * * * * * * * * * * * * * * * *

KIMBERLY DURGALA

, *

*

Petitioner, * Damages Decision Based on Proffer ;

* Influenza or Flu Vaccine ;

* Shoulder Injury Related to Vaccine

SECRETARY OF HEALTH * Administration (“ SIRVA ”);

AND HUMAN SERVICES, * Special Processing Unit (“SPU”)

*

Respondent. *

*

* * * * * * * * * * * * * * * * * * * * * * * * * * * *

Michael McLaren , Esq. Black, McLaren, Jones, Ryland & Griffee , P.C., Memphis, TN,

for petitioner.

Ann Martin, Esq., U.S. Department of Justice, Washington, DC for respondent.

DECISION AWARDING DAMAGES 1

Vowell

, Chief Special Master:

On January 5, 2015, Kimberly Durgala filed a petition for compensation under the

National Vaccine Injury Compensation Program, 42 U.S.C. §300aa

- 10, et seq

. , 2 [ the

“Vaccine Act” or “Program”]. Peti tioner alleges that s he suffered a shoulder injury

related to vaccine administration [“SIRVA”] whic h was caused by the trivalent influenza

vac cine she received on November 25, 2013

. Petit ion at 1

. The case was assigned to

the Special Processing Unit of the Office of Special Masters.

On April 24 , 2015 , I issued a ruling on entitlement, finding petitioner entitled to

compensation. On M ay 28 , 2015 , respondent filed a proffer on a ward of compensation

[“Proffer”] indicating petitioner should be awarded $125 ,000.00

. Proffer at 1 . According

to respondent’s Proffer, petitioner agrees to this proposed amount

. Id.

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I inte nd

to post it on the United States Court of Federal Claims' website, in accordance with the E

- Government

Act of 2002, Pub. L. No. 107

- 347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501

note (2006)) . In accordance with Vaccine Rule 18(b), petitione r has 14 day s 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 withi n this definition, I will redact such

m aterial from public access.

2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99

- 660, 100 Stat. 3755. Hereinafter, for

ease of ci tation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §

300aa (2006).2

Pursuant to the terms stated in the attached Proffer, I award petitioner a lump

sum payment of $ 125 ,000.00 in the form of a check payable to petitioner,

Kimberly Durgala

. Th is amount represent s compensation for all damages that would

be available under § 300aa

- 15(a).

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

decision. 3

s/Denise K. Vowe ll

Denise K. Vowell

Chief Special Master

3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice

renouncing the right to seek review.IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

____________________________________ )

KIMBERLY DURGALA, )

)

Petitioner, )

) No. 15

- 3V

v. ) Chief Special Master Vowell

) ECF

SECRETARY OF HEALTH AND )

HUMAN SERVICES, )

)

Respondent. )

____________________________________)

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Items of Compensation

Based upon the evidence of record, respondent proffer s that petitioner should be awarded

$ 125,000.00 , which represents all elements of compensation to which petitioner would be

entitled under 42 U.S.C. § 300aa

- 15(a). 1 Petitioner agrees.

II. Form of the Award

The parties recommend that the compensatio n provided to petitioner should be made

through a lump sum payment of $ 125,000.00 in the form of a c heck payable to petitioner.

Petitioner agrees.

Respectfully submitted,

BENJAMIN C. MIZER

Principal Deputy Assistant Attorney Gene ral

RUPA BHATTACHARYYA

Director

Torts Branch, Civil Division

1 Should petitioner die prior to entry of judgment, the partie s reserve the right to move the Court

for appropriate relief. In particular, respondent would oppose any award for future medical

e xpenses , future lost earnings, and future pain and suffering

. Case 1:15-vv-00003-UNJ Document 18 Filed 05/28/15 Page 1 of 22 VINCENT J. MATANOSKI

Deputy Director

Torts Branch, Civil Division

MICHAEL P. MILMOE

Senior Trial Counsel

Torts Branch, Civil Division

s/ ANN D. MARTIN

ANN D. MARTIN

Senior 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) 307

- 1815

DATED: May 28, 2015 Case 1:15-vv-00003-UNJ Document 18 Filed 05/28/15 Page 2 of 2