# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 19

- 0524 V

UNPUBLISHED

DAYNA CLARK

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: August 10, 2020

Special Processing Unit (SPU);

Damages Decision Based on Proffer;

Influenza (Flu) Vaccine; Shoulder

Injury Related to Vaccine

Administration (SIRVA)

Gerald S. Sack, Law Offices of Gerald S. Sack, LLC, West Hartford, CT , for petitioner.

Althea Walker Davis , U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

On April 10, 2019

, Dayna Clark 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 left Shoulder Injury Related to Vaccine

Administration (SIRVA ) as a result of an influenza ( “ flu ” ) vaccination administered on

October 10, 2017

. Second Amended Petition at Preamble (ECF 27)

. Petitioner further

alleges that her symptoms “ persisted for more than s ix months

. ” Petition at 4

. The case

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

On August 3, 2020

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

to compensation for a left SIRVA

. ECF 34. On August 10, 2020

, R espondent filed a p roffer

on a ward of compensation (“Proffer”) indicating P etitioner should be awarded $ 55,000.00

for pain and suffering

. Proffer at 1

. In the Proffer, R espondent represented that P etitioner

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am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 di sclosure 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 agrees with the proffered award. Id. at 2. 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 $ 55,000.00 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 partie s’ joint filing of notice

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

OFFICE OF SPECIAL MASTERS

DAYNA CLARK, )

)

Petitioner, )

) No. 19

- 524V

v. ) Chief Special Master

) Brian H. Corcoran

A ND HUMAN SERVICES, ) SPU

)

Respondent. )

)

RESPONDENT'S PROFFER ON AWARD OF COMPENSATION

On April 10, 2019

, Dayna Clark (“petitioner”) filed a petition for compensation

(“Petition”) under the National Childhood Vaccine Injury A ct of 1986, 42 U.S.C. §§ 300aa

- 1 to

-

34 (“Vaccine Act” or “Act”), as amended. Respondent conceded petitioner’s entitlement to

compensation in his Rule 4(c) Report filed on August 3 , 2020

. Based on Respondent’s Rule 4(c)

Report, on August 3, 202 0

, Chi ef Special Master Corcoran f ound petitioner entitled to

compensation for her left shoulder SIRVA injury

.

I. Items of Compensation

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

$ 55,000.00 for pain and suffering

. This represents all elements of compensation to which

petitioner would be entitled under 42 U.S.C. § 300aa

- 15(a). Petitioner agrees.

II. Form of the Award

Respondent recommends that the compensation provided to petitioner should be made

through a lump sum payment of $ 55,000.00

, in the form of a check made payable to petitioner

. 1

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 suffer ing

.2 Petitioner agrees.

Petitioner is a competent adult. Evidence of guardi anship is not required in this case.

Respectfully submitted,

ETHAN P. DAVIS

Acting Assistant Attorney General

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division

CATHARINE E. REEVES

Deput y Director

Torts Branch, Civil Division

ALEXIS B. BABCOCK

Assistant Director

Torts Branch, Civil Division

s/Althea Walker Davis

ALTHEA WALKER DAVIS

Senior Trial Counsel

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

Benjamin Franklin Station

Washington, D.C. 20044

- 0146

Tel: (202) 616

- 0515

DATED: A ugust 10, 2020