# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS
No. 17-246V Filed: October 27, 2017 UNPUBLISHED

AMY BOOTH,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. Special Processing Unit (SPU); Damages Decision Based on Proffer; Influenza (Flu) Vaccine; Shoulder Injury Related to Vaccine Administration (SIRVA)

Michael G. McLaren, Black McLaren Jones Ryl and & Griffee, P.C., Memphis, TN, for petitioner. Voris Edward Johnson, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

Dorsey , Chief Special Master:

On February 21, 2017, petitioner filed a petition for compensation under the National Vaccine Injury Compensat ion Program, 42 U.S.C. §300aa-10, et seq.

, 2 (the “Vaccine Act”). Petitioner alleges that she suffered a shoulder injury related to vaccine administration (“SIRVA”) as a result of her September 27, 2015 influenza (“flu”) vaccination. Petition at 1. The case was a ssigned to the Special Processing Unit of the Office of Special Masters.

On August 2, 2017, a ruling on entitlement was issued, finding petitioner entitled to compensation for SIRVA. On October 27, 2017, respondent filed a proffer on award of compensation (“Proffer”) indicating pet itioner should be aw arded compensation representing $15,000.00 representing petitioner’s past and future lost earnings,

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Court of Federal Claims' website,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). 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 Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012).2 $125,000.00 representing petitioner’s past and future pain and suffering, and $10,000.00 representing past and futu re unreimbursable expenses. Proffer at 1. In the Proffer, respondent represents that petit ioner agrees with the proffered award and that petitioner represents that there are no outstanding Medicaid liens related to her vaccine-related injury.

Based on the record as a whole, the under signed 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 $150,000.00 which represents compensation for past and future lost earnings ($15,000.00), past and future pain and suffering ($125,000.00), and past and future expen ses ($10,000.00) in the form of a check payable to petitioner, Amy Booth. This amount represents 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

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

__________________________________________ ) AMY BOOTH, ) ) Petitioner, ) ) No. 17-246V (ECF) v. ) Chief Special Master Dorsey )
SECRETARY OF HEALTH ) AND HUMAN SERVICES, ) ) Respondent. ) __________________________________________)

RESPONDENT’S PROFFER ON AWARD OF DAMAGES

On August 2, 2017, respondent, the Secretary of Health and Human Services, filed his

Rule 4(c) Report conceding entitlement to compensation in this matter, and on the same day the

Court entered its Ruling on Entitlement, finding petitioner Amy Booth entitled to Vaccine Act

compensation for a Shoulder Injury Related to Vaccine Administration (SIRVA). Respondent

now pro ffers that petitioner receive a compensation award consisting of the following:

A. Lost Earnings

Based on evidence provided by petitioner, respondent proffers that the appropriate award

for petitioner ’s past and future lost earnings is $15,000.00, which accounts for all appropriate

taxes and offsets. Petitioner agrees.

B. Pain and Suffering

Based on evidence of record, respondent proffers that the appropriate award for

petitioner ’s past and future pain and suffering is $125,000.00. See 42 U.S.C. § 300aa-15(a)(4).

Petitioner agrees.2 C. Past and Future Unreimbursable Expenses

Based on evidence provided by petitioner, respondent proffers that petitioner should be

awarded compensation for past and future unreimbursable expenses in the amount of $10,000.00.

Petitioner agrees.

D. Medicaid Lien

Petitioner represents that there are no outstanding Medicaid liens related to her vaccine

related injury.

Based on the foregoing, respondent now proffer s that petitioner receive an award of a

lump sum of $150,000.00 in the form of a check payable to petitioner, Amy Booth

. 1 This

amount represents compensation for all elements of compensation under 42 U.S.C. § 300aa15(a) to which petitioner is entitled. 2

Petitioner agrees with the proffered award of $150,000.00. 3

Respectfully submitted,

CHAD A. READLER Acting Assistant Attorney General

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

CATHARINE E. REEVES Deputy Director Torts Branch, Civil Division

1 Petitioner is a competent adult. No guardianship is required.

2 Should petitioner die prior to entry of judgment, respondent would oppose any award for future medical expenses, future lost earnings, and future pain and suffering, and the parties reserve the right to move the Court for appropriate relief.

3 This proffer does not include any award for attorneys’ fees and costs that may be awarded pursuant to 42 U.S.C. § 300aa-15(e).3 ALEXIS B. BABCOCK
Assistant Director Torts Branch, Civil Division

s/Voris E. Johnson, Jr. VORIS E. JOHNSON, JR.
Senior Trial Attorney Torts Branch, Civil Division U.S. Department of Justice
P.O. Box 146
Ben Franklin Station Washington, D.C. 20044-0146 Direct dial: (202) 616-4136

Dated: October 27, 2017