# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 15

- 0322V

Filed: November 2, 2015

Unpublished

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

BEATRICE THOMURE

, *

*

Petitioner, * Damages Decision B ased on Proffer;

* Influenza (“flu”) vaccine; Shoulder Injury

* Related to Vaccine Administration

SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit

AND HUMAN SERVICES, * (“SPU”)

*

Respondent. *

*

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

Ron ald Homer

, Conway, Homer & Chin

- Caplan, P.C., Boston, MA, for petitioner.

Alexis Babcock , U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

Dorsey

, Chief Special Master:

On March 30, 2015

, Beatrice Thomure (“p etitioner ”) filed a petition for

compensation under the National Vaccine Injury Compensation Program, 42 U.S.C.

§300aa

- 10, et seq

. , 2 (the “Vaccine Act” or “Program”)

. The petition alleges that as a result of an influenza (“flu”) vaccination on October 1, 2013, petitioner suffered a brachial plexus injury. The case was assigned to the Special Processing Unit (“SPU”)

of the Office of Special Masters.

On July 6, 2015

, a ruling on entitlement was issued , finding petitioner entitled to

compensation for a Shoulder Injury Related to Vaccine Administration (“SIRVA”) . On

October 30, 2015 , respondent filed a p roffer on a ward of compensation (“Proffer”)

indicating petitioner should be awarded $ 101,454.00 in actual and projected pain and

1 Because this unpublished decision contains a reasoned explanatio n for the action in this case, the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, Pub. L. No. 107

- 347, § 205, 116 Stat. 2899, 2913 (codified as amend e d

at 44 U.S.C. § 3501 note (2006 )) . 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, 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §

300aa (2012).2 suffering , and $1,546.00 in unreimbursed expenses. Proffer at 1

. Lost wages were not

awarded. Id. 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.

Pursuant t o the terms stated in the attached Proffer, the undersigned award s

petitioner a lump sum payment of $ 103,000.00 in the form of a check payable to

petitioner, Beatrice Thomure

. The payment consists of $101,454.00 in past and

future pain and suffering, and $1,546.00 in past unreimbursed expenses. 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

__________________________________________ )

BEATRICE THOMURE

, )

)

Petitioner, )

) No. 1 5

- 322

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 July 6, 2015. This proffer contains all elements of

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

- 15(a). 1

A. Pain and Suffering

Respondent proffers that petitioner should be awarded $101, 4 5 4.00 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). Petitioner

agrees.

B. Past Unreimburs ed Expenses

Petitioner has submitted document ation for $1, 546 .00 in unreimbursed expenses in this

case, to which respondent has no objection. Thus respondent proffers that petitioner should be

awarded $1, 546 .00 for past unreimbursed expenses

. 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 medical

expenses, future lost earnings, and future pain and suffering.2 C. Lost Wages

The parties agree that based upon the evidence of record, 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.

II. Form of the Award

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

through a lump sum payment of $ 103 ,000.00 in the form of a check payable to petitioner. The

payment consists of $101, 45 4.00 in past and future pain and suffering, and $1, 54 6 .00 in past

unreimbursed expenses.

Respectfully submitted,

BENJAMIN C. MIZER

Principal Deputy Assistant Attorney General

RUPA BHATTACHARYYA

Director

Torts Branch, Civil Division

VINCENT J. MATANOSKI

Deputy Director

Tort Branch, Civil Division

LINDA S. RENZI

Senior Trial Counsel

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: October 30, 2015 Telephone: (202) 616

- 7678