# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 18

- 965 V

Filed: April 30, 2019

UNPUBLISHED

KAREN QUINN

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Special Processing Unit (SPU);

Damages Decision Based on Proffer;

Influenza (Flu) Vaccine; Shoulder

Injury Related to Vaccine

Administration (SIRVA)

Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY , for petitioner.

Voris Edward Johnson , U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

Dorsey

, Chief Special Master:

On July 5, 2018

, 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 left Shoulder Injury Related to V accine

Administration (“SIRVA”) as a result of an influe nza (“flu”) vaccine she received on

October 6, 2017 . Petit ion at 1 . The case was assigned to the Special Processing Unit

of the Office of Special Masters.

On April 22, 2019

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

compensation for her shoulder injury . On April 29, 2019 , respondent filed a p roffer on

a ward of compensation (“Proffer”) indicating petitioner should be awarded $ 115,000.00

. Proffer at 1

. In the Proffer, respondent represented that petitioner agrees with the

proffered award. Id. Based on the record as a whole, the undersigned finds that

petitioner is entitled to an award as stated in the Proffer.

1 The un dersigned intends to post this decision on the United States Court of Federal Claims' website.

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 invas ion of privacy. If, upon review, the

undersigned agrees that the identified material fits within this definition, the undersigned will redact such

material from public access. Because this unpublished decision contains a reasoned explanation for the

actio n in this case, undersigned is 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)

.

2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99

- 660, 100 Stat. 3755

.2

Pursuant to the terms stated in the attached Proffer, the undersigned award s

petitioner a lump sum payment of $ 115,000.00 in the form of a check payable to

petitioner, Kare n Quinn

. 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/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.IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

__________________________________________ )

KAREN QUINN, )

)

Petitioner, )

) No. 18

- 965V (ECF)

v. ) Chief Special Master Dorsey

)

SECRETARY OF HEALTH )

AND HUMAN SERVICES, )

)

Respondent. )

__________________________________________)

RESPONDENT’S PROFFER ON AWARD OF DAMAGES

On April 16, 2019 , respondent, the Secretary of He alth and Human Services, filed his

Rule 4(c) Report conceding entitlement to compensation in this matter. On April 22, 2019

, the

Court entered its Ruling on Entitlement, finding petitioner Karen Quinn entitled to Vaccine Act

compensation. Respondent now pro ffers that petitioner receive a compensation award consisting

of a lump sum of $ 115,000.00 in the form of a check payable to petitioner

, Karen Quinn

. 1 This

amount represents compensation for all elements of compensation under 42 U.S.C. § 300aa

15(a) to which petitioner is entitled. 2

Petitioner agrees with the proffered award of $ 115,000.00

. 3

Respectfully submitted,

JOSEPH H. HUNT

Assistant Attorney General

1 Petitioner is a competent adult. No guardianship is required.

2 Should petitioner die prior to entry of judgment, respondent would oppose any awar d for

future medical expenses, future lost earnings, and future pain and suffering, and the parties

reserve the right to move the Court for appropriate relief.

3 This proffer does not include any award for attorneys’ fees and costs that may be awarded

pur suant to 42 U.S.C. § 300aa

- 15(e).2 C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division

CATHARINE E. REEVES

Deputy Director

Torts Branch, Civil Division

ALEXIS B. BABCOCK

Assistant Director

Torts Branch, Civil Division

s/Voris E. Johnson, Jr.

VORIS E. JOHNSON , JR.

Senior Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

Ben Franklin Station

Washington, D.C. 20044

- 0146

Direct dial: (202) 616

- 4136

Dated: April 29 , 2019