# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 16 -1247V Filed: August 7, 2017

UNPUBLISHED

SUSAN WIGLEY

,

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)

Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for petitioner. Ilene Clair Albala, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

Dorsey

, Chief Special Master:

On September 30, 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 s he suffered an injury to her left shoulder as a result of an influenza (“flu”) vaccine administered on October 3, 2013

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

On July 13, 2017, a ruling on entitlement was issued, finding petitioner entitled to compensation for a shoulder injury related to vaccine administration (“SIRVA”) . On August 7, 2017, respondent filed a proffer on a ward of compensation (“Proffer”) indicating petitioner should be awarded $70,000.00. Proffer at 1. In the Proffer, respondent represented that petitioner agrees with the proffered award. Based on the

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Court of Federal Claims' website,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 agrees 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 Va ccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012).2

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 awards petitioner a lump sum payment of $70,000.00 in the form of a check payable to petitioner, Susan Wigley

. 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.I N THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

)

SUSAN WIGLEY , ) )
Petitioner, ) ) No. 16-1247V

v. ) Chief Special Master Dorsey ) ECF

SECRETARY OF HEALTH AND )

HUMAN SE RVICES, ) ) Respondent. ) )

PROFFER ON AWARD OF COMPENSATION

I. Items of Compensation

On July 18, 2017, Chief Special Master Dorsey issued an Order finding that petitioner ’s

case was entitled to vaccine compensation for her Shoulder Injury Relat ed to Vaccine

Administration (SIRVA). Based upon the evidence of record, respondent proffers that petitioner

should be awarded $70,000.00, which represents all elements of compensation to which

petitioner would be entitled under 42 U.S.C. § 300aa-15(a). 1 Petitioner agrees.

II. Form of the Award

Respondent recommends that the compensation provided to petitioner should be made

through a lump sum payment of $70,000.00, in the form of a check payable to petitioner.

Petitioner agrees.

Petitioner is a competent a dult. Evidence of guardianship is not required in this case.2 Respectfully submitted,

CHAD A. READLER Acting Assistant Attorney General

C. SALVATORE D’ALESSIO Acting Director
Torts Branch, Civil Division

CATHAR INE E. REEVES Deputy Director
Torts Branch, Civil Division

HEATHER L. PEARLMAN

Assistant Director
Torts Branch, Civil Division

s/ Ilene Albala

ILENE ALBALA 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) 616-3655

Dated: August 7, 2017

1 Should petitioner die prior to the 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.