# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 16

- 366 V

Filed: August 9, 2016

UNPUBLISHED

* * * * * * * * * * * * * * * * * * * * * * * * * * * *

SHELL E Y NORRIS

, *

*

Petitioner, * Damages Decision B ased on Proffer;

v. * Influenza ;

* Shoulder Injury; SIRVA ;

SECRETARY OF HEALTH * Special Processing Unit (“SPU”)

AND HUMAN SERVICES, *

*

Respondent. *

*

* * * * * * * * * * * * * * * * * * * * * * * * * * * *

Alison Haskins, Maglio Christopher & Toale, PA, Sarasota, FL

, for petitioner.

Alexis Babcock , U

. S

. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

Dorsey

, Chief Special Master:

On March 21, 2016 , petitioner 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 that was caused

in

- fact by her October 13, 2014 influenza vaccination . Petition at 1 . The case was

assigned to the Special Processing Unit of the Office of Special Masters.

On June 13, 2016

, a ruling on entitlement was issued , finding petitioner entitled

to compensation for a shoulder injury related to vaccine administration (“SIRVA”) . On

August 9, 2016 , respondent filed a p roffer on a ward of compensation (“Proffer”)

indicating petitioner should be awarded $ 97,500.00

. Proffer at 1

. In the Proffer,

respondent represented that petitioner agrees with the proffered award. Based on the

record as a whole, the undersigned finds that petitioner is entitled to an award as stated

in the Proffer.

1 Because this unpublished decision contains a reasoned explanatio n for the action in this case, the

undersigned intend s 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), pe titioner 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, the undersigned agree s 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 “§” refer ences to the Vaccine Act will be to the pertinent subpara graph of 42 U.S.C. §

300aa (2012 ).2 Pursuant to the terms stated in the attached Proffer, the undersigned award s

petitioner a lump sum payment of $ 97,500.00 in the form of a check payab le to

petitioner, Shelley Norris

. Th is amount represent s 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 can be expedited by the parties’ joint filing of notice

renouncing the right to seek review.1 IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

__________________________________________ )

SHELLEY NORRIS

, )

)

Petitioner, )

) No. 1 6

- 366

v. ) Chief Special Master Dorsey

)

SECRETARY OF HEALTH AND )

HUMAN SERVICES, )

)

Respondent. )

__________________________________________ )

RESPONDENT’S PROFFER OF DAMAGES

I. Items of Compensation

For the purposes of this proffer, the term “vaccine

- related” is as described in

Respondent’s Rule 4(c) Report filed on June 13 , 2016

.

A. Pain and Suffering

Respondent proffers that petitioner should be awarded $ 97,5 00.00 in actual and projected

pain and suffering. This amount reflects that the award for projected pain and suffering has been

reduced to net present value. See 42 U.S.C. § 300aa

- 15(a)(4). Peti tioner agrees.

B. Past Unreimbursable Expenses

Respondent proffers that p etitioner should not be awarded any past unreimbursable

expenses related to her vaccine injury. Petitioner agrees.

C. Lost Wages

The parties agree that based upon the evidence of re cord, petitioner’s vaccine

- related

injury has not impaired her earning capacity. Therefore, respondent proffers that petitioner

should be awarded no lost future earnings as provided under the Vaccine Act, 42 U.S.C. § 300aa

15(a)(3)(A). Petitioner agrees.2 II. Form of the Award

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

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

and the Court’s judgment award the following: 1

A lump sum payment of $ 97,5 00.00

, which represents all elements of

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

15(a)

, in the form of a check payable to petitioner

.

Respectfully submitted,

BENJAMIN C. MIZER

Principal Deputy Assistant Attorney General

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division

CATHARINE E. REEVES

Acting Deputy Director

Tort Branch, Civil Division

LISA A. WATTS

Senior Trial Attorney

Torts Branch, Civil Division

s/ Alexis B. Babcock

ALEXIS B. BABCOCK

Senior Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

Benjamin Franklin Station

Washington, D.C. 20044

- 0146

Dated : August 9, 2016 Telephone: (202) 616

- 7678

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 medical expenses and future pain and suffering.