# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 18

- 1464 V

Filed: October 30, 2019

UNPUBLISHED

HEIDI LEVISEE

,

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)

Paul R. Brazil, Muller Brazil, LLP, Dresher, PA , for petitioner.

Alexis B. Babcock

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

DECISION AWARDING DAMAGES 1

Corcoran

, Chief Special Master:

On September 24, 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

vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccination received on October 10, 2016 . Petit ion at 1 . The case was assigned to the Special Processing Unit of the Office of Special Masters.

On August 27, 2019

, a ruling on entitlement was issued , finding petitioner entitled to compensation for her SIRVA . On October 29, 2019 , respondent filed a p roffer on

a ward of compensation (“Proffer”) indicating petitioner should be awarded $ 126,283.01 (comprised of $125, 000.00 for pain and suffering and $1,28 3.01 for past lost wages)

.

1 I intend 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, I agree that the identified material fits within this definition, I will redact such material from public access. Because this unpublished decision contains a reasoned explanation for the action in this case, I am required to post it on the United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, 10 0 Stat. 3755

. Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subpara graph of 42 U.S.C. § 300aa (2012 ).2

Proffer at 1

- 2

. In the Proffer, respondent represented that petitioner agrees with the proffered award. Id. Based on the record as a whole, I find that petitioner is entitled to

an award as stated in the Proffer.

Pursuant to the terms stated in the attached Proffer, I award petitioner a lump sum payment of $ 126,283.01 (comprised of $125, 000.00 for pain and suffering and $1,28 3.01 for past lost wages ) in the form of a check payable to petitioner, Heidi

Levisee

. 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/Brian H. Corcoran

Brian H. Corcoran 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

HEIDI LEVISEE

,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN
SERVICES,

Respondent. )
)
)
)
)
)
)
)
)
) No. 18-1464V Chief Special Master Corcoran

ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Items of Compensation

On August 26, 2019, respondent conceded that entitlement to compensation was

appropriate under the terms of the Vaccine Act. On the same day

, former Chief Special Master

Dorsey issued a Ruling on Entitlement, finding that petitioner was entitled to vaccine

compensation for her Shoulder Injury Related to Vaccine Administration (“SIRVA”) as a result

of a flu vaccination administered on October 13, 2016. Based upon the evidence of record,

respondent proffers that petitioner should be awarded $126,283.01. The award is comprised of

the following: $125,000.00 for pain and suffering , and $1,283.01 for past lost wages. Th is

amount represents all elements of compensation to which petitioner would be entitled under 42

U.S.C. § 300aa-15(a). Petitioner agrees.II. Form of the Award

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

a lump sum payment of $126,283.01 , in the form of a check payable to petitioner. 1 Petitioner

agrees.

Petitioner is a competent adult. Evidence of guardianship is not required in this case.

Respectfully submitted,

JOSEPH H. HUNT Assistant Attorney General

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

CATHARINE E. REEVES Deputy Director
Torts Branch, Civil Division

HEATHER L. PEARLMAN

Assistant Director
Torts Branch, Civil Division

s/ Alexis B. Babcock

ALEXIS B. BABCOCK

Assistant Director
Torts Branch, Civil Division U.S. Department of Justice

P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Telephone: (202) 616-7678

Dated: October 29, 2019

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 lost earnings

and future pain and suffering.