# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 17

- 544 V

Filed: May 1, 2018

UNPUBLISHED

NATASHA ITCHKAVICH

,

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)

Joseph Alexander Vuckovich, Maglio Christopher & Toale, PA, Washington, DC , for petitioner.

Justine Elizabeth Walters , U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

Dorsey

, Chief Special Master:

On April 18, 2017

, 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”) . Petitioner alleges that she suffered a shoulder injury as a result of receiving an influenza ( “ flu ” ) vaccination on October 7, 2015

. Petition at 1 . The case was assigned to the Special Processing Unit of the Office of Special Masters.

On November 28, 2017

, a ruling on entitlement was issued , finding petitioner entitled to compensation for a shoulder injury related to vaccine administration (“ SIRVA ”) . On May 1, 2 018 , respondent filed a p roffer on a ward of compensation (“Proffer”) indicating petitioner should be awarded $8 5,991.00

. Proffer at 1. In the Proffer, respondent represented that petitioner agrees with the proffered award. Based

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intend s to post it on the United States Court of Federal Claims'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), 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 ident ified 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 on the record as a whole, the undersigned finds that petitioner is entitled to an award as

stated in the Proffer.

Pursuant to the terms stated in the attached Proffer, the undersigned award s petitioner a lump sum payment of $8 5,991.00 in the form of a check payable to petitioner, N atasha Itchkavich

. This amount represents 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.IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

____________________________________ )

NATASHA ITCHKAVICH , ) )
Petitioner, )
)

v. ) No. 1 7- 544 V ) Chief Special Master Dorsey
) ECF

SECRETA RY OF HEALTH AND ) SPU
HUMAN SERVICES, ) ) Respondent. )
____________________________________)

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On April 18 , 2017, petitioner, Natasha Itchkavich , filed a petition for compensation under

the National Childhood Vaccine I njury Act, 42 U.S.C. §§ 300aa

- 1 to

- 34 (“Vaccine Act”),

alleging that s he developed a shoulder injury as a result of receiving a n influenza vaccination on

October 7, 2015

. On November 28 , 2017, respondent filed a Rule 4(c) Report in dicating that

petitioner is entitled to compensation for a shoulder injury related to vaccine administration

(“SIRVA ”) as a result of her October 7, 2015, influenza vaccination

. On November 28, 2017

,

Chief Special Master Dorsey issued a Ruling on Entitlem ent finding that petitioner is entitled to

compensation for her SIRVA.

I. Items of Compensation

Based upon the evidence of record, respondent proffers that petitioner should be awarded

$ 85,991.00 , which represents all elements of compensation to which p etitioner is 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 par ticular, respondent would oppose any award for future medical expenses, future lost earnings, and future pain and suffering.- 2

- II. Form of the Award

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

through a lump sum payment of $ 85,991.00 in the form of a check payable to petitioner.

Petitioner agrees.

Respectfully submitted,

CHAD A. READLER Acting Assistant Attorney General

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/ Justine Walters

__________ JUSTINE WALTERS Trial Attorney
Torts Branch, Civil Division
U.S. Departme nt of Justice P.O. Box 146, Benjamin Franklin Station Washington, D.C. 20044

- 0146 Tel: (202) 307

- 6393

DATE: May 1 , 2018