# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 20

- 983 V
UNPUBLISHED

ABBIE DOVER

,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: July 5, 2022

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

Brian L. Cinelli, Schiffmacher Cinelli Adoff , LLP, Buffalo , NY

, for Petitioner.

Mallori Browne Openchowski , U.S. Department of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES 1

On August 26, 202 0

, Abbie Dover 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) , caused by the administration of an influenza (flu) vaccination on October 24, 2018

. Petition at 1

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

On December 29, 2021

, a ruling on entitlement was issued , finding P etitioner entitled to compensation for SIRVA . On June 30, 2022

, R espondent filed a p roffer on

a ward of compensation (“Proffer”) indicating P etitioner should be awarded $ 60, 080.00 (comprise d of $55,000.00 for pain and suffering and $5,080.00 f or unreimbursed medical

1 Because this unpublished D ecision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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 D ecision 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 f its 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 section references to the Vaccine Act will be to the p ertinent 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 $ 60,080.00 (comprised of $55,000.00 for pain and suffering and $5,080.00 for unreimbursed medical expenses ) in the form of a check payable to

P etitioner

. This amount represents compensation for all damages that w ould be available

under Section 15 (a)

.

The Clerk of 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

ABBIE DOVER,

Petitioner,

v.

S ECRETARY OF HEALTH AND HUMAN SERVICES,

R espondent. N o. 20-983V Chief Special Master Corcoran

SPU

R ESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Procedural History and Items of Compensation

On December 7 , 2021, respondent filed his Vaccine Rule 4(c) report, and conceded that

entitlement to compensation was appropriate under the terms of the Vaccine Act. Thereafter, o n

December 29, 2021, the Chief Special Master issued a Ruling on Entitlement finding that

petitioner was entitled to vaccine compensation for h er left Shoulder Injury Related to Vaccine

Administration (“SIRVA”). ECF Nos. 21, 24. Based on the evidence of record, respondent

proffers t hat petitioner should be awarded $60,080.00, which is comprised of damages for pain

and suffering ($55,000.00) and unreimb ursable medical expenses ($5,080.00). This amount

represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. §

300aa-15(a). 1 Petitioner agrees.

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.II. Form of the Award

The parties recommend that compensation provided to petitioner should be made through

a lump sum payment of $60,080.00, in the form of a check payable to petitioner. Petitioner

agrees.

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

Respectfully submitted,

BRIAN M. BOYNTON Principal Deputy Assistant Attorney General

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

H EATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division

T RACI R. PATTON

Assistant Director Torts Branch, Civil Division

s/ Mallori B. Openchowski

M ALLORI B. OPENCHOWSKI Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146, Ben Franklin Station Washington, DC 20044-0146 Tel.: (202) 305-0660 mallori.b.openchowski@usdoj.gov

DAT ED: June 30, 2022