# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 18

- 1867 V

UNPUBLISHED

AMY JORDAN

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: April 6, 2020

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.

Voris Edward Johnson , U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

On December 6, 2018

, Amy Jordan 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 su ffered a shoulder injury related to vaccine

administration ( “ SIRVA ” ) as a result of an in fl uenza ( “ flu ” ) vaccination administered on

December 13, 2017

. Petition at 1 . The case was assigned to the Special Processing

Unit of the Office of Special Masters.

On December 23, 2019

, a ruling on entitlement was issued , finding P etitioner

entitled to compensation for SIRVA . On April 1, 2020

, R espondent filed a p roffer on

a ward of compensation (“Proffer”) indicating P etitioner should be awarded $ 117,174.66

(consisting of $110,000.00 for pain and suffering and $7,174.66 for past unreimbursed

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am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 o f 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

expenses)

. Proffer at 1

. 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 $ 117,174.66 (consisting of $110,000.00 fo r pain and suffering and

$7,174.66 for past unr eimbursed e xpenses) 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 filing of notice

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

OFFICE OF SPECIAL MASTERS

__________________________________________ )

AMY JORDAN, )

)

Petitioner, )

) No. 18

- 1867V (ECF)

v. ) Chief Special Master Corcoran

)

SECRETARY OF HEALTH )

AND HUMAN SERVICES, )

)

Respondent. )

__________________________________________)

RESPONDENT’S PROFFER ON AWARD OF DAMAGES

On December 23, 2019 , respondent, the Secretary of Health and Human Services, filed

his Rule 4(c) Report conceding entitlement t o compensation in this matter involving a Shoulder

Injury Related to Vaccine Administration. The same day, the Court entered its Ruling on

Entitlem ent, finding petitioner Amy Jordan entitled to Vaccine Act compensation. Respondent

now pro ffers that petitioner receive a compensation award consisting of a lump sum of

$ 117,174.66 in the form of a check payable to petitioner

, Amy Jordan

. 1 This amount consists of

$ 11 0 ,0 00.00 for pain and suffering and $7,174.66 for past unreimbursed expenses, and

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

- 15(a) to

which petitioner is entitled. 2

Petitioner agrees with the proffered award of $ 117,174.66

. 3

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).2 Respectfully submitted,

JOSEPH H. HUNT

Assistant Attorney General

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division

CATHARINE E. REEVES

Deputy Director

Torts Branch, Civil Division

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: A pril 1 , 2020