# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 18

- 1335 V

UNPUBLISHED

THERESE TJIMIS

,

Petitioner,

v.

SECRETARY OF HEALTH AND
HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: February 22, 2021

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

Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC , for petitioner.

Adriana Ruth Teitel , U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

On August 30, 2018

, Therese Tjimis 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 shoulder injury related to vaccine administration ( “ SIRVA ” ) following the admi nistration of an influenz a ( “ flu ” ) vaccine

received on October 16, 2017

. Petition at 1, 3

- 4

. Petitioner further alleges that the vac cine

was administered within the United States, that she suffered the residual effects of er injury for over six months, and that she has not received compen sation in the form of an

award or settlement for Petitioner’s injury . Petition at 3

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

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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 disclosure 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 On March 12, 2020

, a ruling on entitlement was issued , finding P etitioner entitled to compensation for a SIRVA . On February 22, 2021

, R espondent filed a p roffer on a ward of compensation (“Proffer”) indicating P etitioner should be awarded $ 85,425.00 (consisting of $85,000.00 for pain and suffering and $425.00 for past unreimbursable expenses)

. Proffer at 1

- 2

. In the Proffer, R espondent represented that P etitioner agrees with the 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 $ 85,425.00 (consisting of $85,000.00 for pain and suffering and $425.00 for past unreimbursable expenses 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 parties’ joint fil ing of notice renouncing the right to seek review.1 

### IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

THERESE TJIMIS,

Petitioner,

v.

SECRETARY OF HEALTH AND
HUMAN SERVICES,

Respondent. No. 18

- 1335V Chief Special Master Corcoran (SPU)

ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On August 30, 2018

, Therese Tjimis (“petitioner”) filed a petition for compensation

under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa

- 1 to

- 34

(“Vaccine Act” or “Act”) , alleging that she suffered a S houlder I njury R elated to Vaccine

Administration (“SIRVA”)

, as defined in the Vaccine Injury Table, following administration of

an influenza va ccine she received on October 16, 2017

. Petition at 1

, 3

- 4

.

On March 11, 2020 , the Secretary of Health and Human Services (“respondent”) filed a

Rule 4(c) Report indicating that this case is appropriate for compensation under the terms of the

Act for a SIRVA Table injury , and on March 12

, 2020, the Chief Special Master issued a Ruling

on Entitlement finding petitioner entit led to compensation. ECF No. 35 ; ECF No. 36

.

I. Items of Compensation

A. Pain and Suffering

Respondent proffers that petitioner should be awarded $ 85 ,0 00.00 in pain and sufferi ng

.

See 42 U.S.C. § 300aa

- 15(a)(4). Petitioner agrees.2 B. Past Unreimbursable Expenses

Evidence supplied by petitioner documents that she incurred past unreimbursable

expenses related to her vaccine

- related injury. Respondent proffers that petitioner should be

awarded past unreimbur sable expenses in the amount of $ 425.00

. See 42 U.S.C. § 300aa

15(a)(1)(B). Petitioner agrees.

These amounts represent all elements of compensation to which petitioner is entitled

under 42 U.S.C. § 300aa

- 15(a)

. Petitioner agrees.

II. Form of the Award

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

Respondent recommends that the compensation provided to petitioner should be made through a

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

the Court’s judgment award the following 1 : a lump sum payment of $ 8 5,425.00

, in the form of a

check payable to petitioner.

III. Summary of Recommended Payments Following Judgment

Lump sum payable to petitioner, Therese Tjimis : $ 85,425.00

Respectfully submitted,

BRIAN M. BOYN TON Acting Assistant Attorney General

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

HEATHER L. PEARLMAN Acting Deputy Director
Torts Branch, Civil Division

1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court for appropriate relief. In particular, respondent would oppose any award for future lost earnings and future pain and suffering.3 ALEXIS B. BABCOCK

Assistant Director
Torts Branch, Civil Division

s/ Adriana Teitel

ADRIANA TEITEL Trial Attorney
Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146, Benjamin Franklin Station Washington, DC 20044

- 0146 Tel: (202) 616

- 3677

Dated: February 2 2 , 2021