# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 15-1002V
Filed: October 13, 2016

UNPUBLISHED

* * * * * * * * * * * * * * * * * * * * * * * * * * * *
DONIZETTI GONCALVES, *

* Petitioner, * Damages Decision Based on Proffer; v. * Influenza (“Flu”) Vaccine; Shoulder * Injury Related to Vaccine Administration SECRETARY OF HEALTH * (“SIRVA ”); Special Processing Unit AND HUMAN SERVICES, * (“SPU”)

* Respondent. *

*

* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner. Lara Ann Englund, U.S. D epartment of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

Dorsey , Chief Special Master:

On September 10, 2015, Donizetti Gonc alves (“petitioner”) filed a petition for compensation under the National Vaccine Inju ry Compensation Program, 42 U.S.C. §300aa-10, et seq.

, 2 (the “Vaccine Act”). Petitioner alleges that he suffered from a shoulder injury as a result of an infl uenza (“flu”) vaccine he received on January 20, 2014. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On February 3, 2016, a ru ling on entitlement was i ssued, finding petitioner entitled to compensation for SIRVA. On Oc tober 13, 2016, respondent filed a proffer on award of compensation (“Proffe r”) indicating petitioner should be awarded $141,357.13.
Proffer at 1. In the Proffer, respondent represented that petit ioner agrees with the

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Cour t of Federal Claims'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). In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and move to redact medical or other inform ation, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, t he undersigned agrees that the identified material fits within this definition, the undersigned 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 Ac t will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012).2 proffered award. Based on the record as a whole, the undersigned finds that petitioner

is entitled to an award as stated in the Proffer.

Pursuant to the terms stat ed in the attached Proffer, the undersigned awards petitioner a lump sum payment of $141,357. 13 in the form of a check payable to petitioner, Donizetti Goncalves. This amount represent s compensation for all damages that would be ava ilable under § 300aa-15(a).

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

decision. 3

IT IS SO ORDERED.

s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master

3 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.IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

DONIZETTI GONCALVES, )
)

Petitioner, )
)

v. ) No. 15

- 1002 V
) Chief Special Master Nora Beth Dorsey

SECRETARY OF )

HEALTH AND HUMAN SERVICES, )
) Respondent. )
)

RESPONDENT ’ S PROFFER ON AWARD OF COMPENSATION

I. Compensation for Vaccine Injury

- Related Items

Respondent proffers that, based on the evidence of record, petitioner should be awarded

$ 141,357.13 . This amount represents all elements of compensation to which petitioner would be

entitled under 42 U.S.C. § 300aa

- 15(a)(1);

- 15(a)(3)( A ); and

- 15(a)(4). Petitioner agrees.

II. Form of the Award

The parties recommend that the compensation provided to petitioner should be made as a

lump sum payment of $ 141,357.13 , in the form of a check payable to petitioner. 1 Petitioner is a

competent adult. Evidence of guardian ship is not required in this case. This amount accounts

for all elements of compensation under 42 U.S.C. § 300aa

- 15(a) to which petitioner would be

entitled.

Respectfully submitted,

BENJAMIN C. MIZER Principal Deputy Assistant Attorney General

1 Should petitioner die prior to entry of judgment, respondent would oppose any award for future
medical expenses, future lost earnings, and future pai n and suffering, and the parties reserve the
right to move the Court for appropriate relief.2 C. SALVATORE D’ALESSIO Acting Director

Torts Branch, Civil Division

CATHARINE E. REEVES Acting Deputy Director

Torts Branch, Civil Division

LINDA S. RENZI

Senior Trial C ounsel

Torts Branch, Civil Division

s/ LARA A. ENGLUND

LARA A. ENGLUND 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

- 3013

E

- mail: lara.a.englund@usdoj.gov

Dated: October 13, 2016