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# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 1 3

- 939 V

Filed: April 20, 2016

* * * * * * * * * * * * * * * * TO BE PUBLISHED

CAROLINE COUBOIS

, *

* Special Master Hamilton

- Fieldman

Petitioner, *

* Damages Decision ; Contested;

v. * Influenza (“Flu”) Vaccine; Shoulder

* Injury Related to Vaccine

SECRETARY OF HEALTH * Administration ( “ SIRVA ” ).

AND HUMA N SERVICES, *

*

Respondent. *

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

Ren é e Gentry

, George Washington University Law School , Washington, D.C.

, for P etitioner

. Michael Milmoe

, United States Department of Justice, Washington , D

. C

. , for R espondent.

DECISION 1

On November 27, 2013, Caroline Courbois (“Petitioner”) filed a petition for

compensation under the Nati onal Vaccine Injury Compensation Program (“the Program”). 2

Petitioner alleged that an influenza (“flu”) vaccination she received on January 10, 2013 caused

her to suffer from a shoulder injury related to vaccine administration (“SIRVA”). On September

22, 2014, Respondent filed a Vaccine Rule 4 (c) Report conceding Petitioner ’ s entitlement to

compensation, and on September 23, 2014, the undersig ned issued an entitlement r uling in

Petitioner ’ s favor

.

On April 5, 2016, the undersigned held a damages hearing. At the conclusion of the

hearing, the undersigned awarded compensation to Pe ti tioner for p reviously incurred costs,

1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,

the undersigned intends to post this decision on the website of the United States Court of Federal

Claims , in accordance w ith the E

- Government Act of 2002, codified as amende d at 44 U.S.C. §

3501 note (2012 ). As provided by Vaccine Rule 18(b), each party has 14 days within which to

request redaction “of any information furnished by that party: (1) that is a trade secret or

commercial or financial in substance and is privileged or confidential; or (2) that includes

medical files or similar files, the disclosure of which would constitute a clearly unwarranted

invasion o f privacy.” V accine Rule 18(b).

2 The Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, 42

U.S.C. §§ 300aa

- 10 et seq

. (hereinafter “Vaccine Act” or “the Act”). Hereafter, individual

section references will be to 42 U.S.C. § 300aa of the Act.2 future unreimbursable expenses, certain home modifications, and past and future pain an d

suffer ing

. In accordance with the undersigned ’ s oral ruling, P etitio ner shall receive the

following compensation:

A lump sum payment of $ 158,243.40

, in the form o f a check payable to Petitioner

, for previously incurred expenses, h ome modifications, past and future pain and

suffering, and the first year of unreimbursable future expenses ; and

An amount sufficient to purcha se an aunnity contract, subject to the conditions

describe d in Ap pendix A to this Decision , and consistent with the undersigned ’ s

April 7, 2016 Order

.

In the absence of a motion for review filed pursuant to RCFC App endix B, the clerk of

the court SHALL ENTER JUDGMENT herewith

. 3

IT IS SO ORDERED.

s/ Lisa Hamilton

- Fieldman

Lisa Hamilton

- Fieldman

Special Master

3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of

notice renouncing the right to seek review.Appendix A: Items of Compensation for Caroline Courbois Page 1 of 1

ITEMS OF COMPENSATION G.R. Lump Sum

Compensation

Year 1 Compensation

Years 2-Life

2016 2017-Life

Massage Therapy 4% 1,200.00 1,200.00

Cleaning Service 4% 3,600.00 3,600.00

Hairdresser 4% 2,600.00 2,600.00

Landscaping Services 4% 3,200.00 3,200.00

Home Mods 0% 4,000.00

Lost Future Earnings

Pain and Suffering 142,794.40

Past Unreimbursable Expenses 849.00

Annual Totals 158,243.40 10,600.00

Note: Compensation Year 1 consists of the 12 month period following the date of judgment.

Compensation Year 2 consists of the 12 month period commencing on the first anniversary of the date of judgment.

As soon as practicable after entry of judgment, respondent shall make the following payment to petitioner for Yr 1 life care

expenses ($14,600.00), pain and suffering ($142,794.40), and past unreimbursable expenses ($849.00): $158,243.40.

Annual amounts payable through an annuity for future Compensation Years follow the anniversary of the date of judgment.

Annual amounts shall increase at the rates indicated above in column G.R., compounded annually from the date of judgment.

Respondent is ordered to make annuity payments on an annual basis.

Case 1:13-vv-00939-UNJ Document 69-1 Filed 04/19/16 Page 1 of 1