# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 19

- 741 V

UNPUBLISHED

TINA WILKEN

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: August 28, 2020

Special Processing Unit (SPU);

Damages Decision Based on Proffer;

Influenza (Flu) Vaccine; Shoulder

Injury Related to Vaccine

Administration (SIRVA)

Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA , for petitioner.

James Vincent Lopez , U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

On May 17, 20 19

, Tina Wilken 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 ” ) as a result of her March 30, 2018 influneza ( “ flu ” ) vaccination

. Petition at 1. Petitioner further alleges that the vaccine was administered with in the United

States, that she suffered the residual effects of her injury for more than six months, and

that there has been no prior award or settlement of a civil action on her behalf as a result

of her injury. S ee Petition at ¶¶ 2, 11

- 13

. The case was assigned to the Special Processing

Unit of the Office of Special Masters.

On August 24, 2020

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

to compensation for SIRVA . On August 26, 2020

, R espondent filed a p roffer on a ward of

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am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 compensation (“Proffer”) indicating P etitioner should be awarded $ 55,533.04. This is

comprised of pain and suffering ($55,000 .00 ) and past unreimbursed out

- of

- pocket

medical expenses ($533.04)

. 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 $ 55,53 3.04 ( comprised of pain and suffering ($55,000 .0 0 ) and past

unreimbursed out

- of

- pocket medical expenses ($533.04) ) 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.IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

___________________________________ )

TINA WILKEN

, )

)

Petitioner, )

) No. 1 9

- 741 V

v. ) Chief Special Master Corcoran

) ECF

SECRETARY OF HEALTH AND )

HUMAN SERVICES, )

)

Respondent. )

____________________________________)

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Compensation for Vaccine Injury

- Related Items

On August 24, 2020 , respondent filed a Rul e 4(c) Report conceding that petitioner is

entitled to vaccine compensation for her Shoulder Injury Related to Vaccine Admini stration

(“SIRVA”) injury suffered following receipt of an influenza (“flu”) vaccination on March 30,

2018

. On August 24, 2020

, a Ruling on Entitlement, adopting respondent’s recommendation,

was issued.

Based upon the evidence of record, respondent proffers that petitioner 1 should be

awarded $ 55

, 533.04

. This is comprised of pain and suffering ($ 55

, 0 00) and past unreimbursed

out

- of

- pocket medical expenses ($ 533.04 ), and represents all elements of compensation to which

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

- 15(a). 2 Petitioner agrees.

1 Petitioner is a competent adult, therefore evidence of guardianship is not required in this case.

2 Should Petitioner die prior to entry of judgment, the parties reserve the right to move the Court

for appropriate relief.II. Form of the Award

Respondent recommends that the compensation provided to petitioner should be made

through:

a lump sum of $ 55,533.04 in the form of a check payable to petitioner. This

amount represents compensation for all damages that would be available under 42

U.S.C. § 300aa

- 15(a).

Petitioner agrees.

Respectfully submitted,

ETHAN P. DAVIS

Acting Assistant Attorney General

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division

CATHARINE E. REEVES

Deputy Director

Torts Branch, Civil Division

GABRIELLE M. FIELDING

Assistant Director

Torts Branch, Civil Division

s/ JAMES V. LOPEZ

James V. Lopez

Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146, Ben Franklin Station

Washington, D.C. 20044

- 0146

Tel: (202) 616

- 3655

Fax: (202) 616

- 4310

Email: james.lopez@usdoj.gov

Dated: August 26, 2020