# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 1 9

- 1 20 1 V UNPUBLISHED

CAROLYN DEANE
,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: May 9, 2022
Special Processing Unit (SPU); Damages Decision based on Proffer; Influenza (Flu); Shoulder Injury Related to Vaccine Administration (SIRVA).

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

Catherine Elizabeth Stolar , U.S. Department of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES 1

On August 14, 2019
, Carolyn Deane 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 related to vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine administere d on October 4, 2017 . Petit ion at 1 . The case was assigned to the Special Processing Unit of the Office of Special Masters.

On February 12, 2021
, a ruling on entitlement was issued, finding P etitioner entitled to compens ation for a Table SIRVA

. On May 9, 2022
, R espondent filed a proffer
on an award of compensation (“Proffer”)

. In the Proffer, R espondent represented that

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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). This means the decision will be available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), Petitioner ha s 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, I agree that the identified material fits within this definition, I will redact such materia l 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 subpara graph of 42 U.S.C. § 300aa (2012 ).2

P etitioner agrees with the proffered award. Based on the record as a whole, I find that P etitioner is entitled to an award as stated in the Proffer.

Pursuant to the terms stated in the attached Proffer, I award the following compensation:
A lump sum of $ 158,456.62 (representing for $155,000.00 for pain and suffering , and $ 3,456.62 for unreimbursed expenses). This amount represents compensation for all damages that would be available under Section 15(a).

The Clerk of 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 Pur suant 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 CO URT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS

CAROLYN DEANE,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. ) ) ) ) ) ) ) ) ) ) ) ) No. 19-1201V Chief Special Master Corcoran ECF

RESPONDENT’S P ROFFER ON AWARD OF COMPENSATION
On August 14, 2019, Carolyn Deane (“petiti oner”) filed a petition for compensation

under the N ational Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34

(“Vaccine Act” or “Act”), alleging that sh e suffered “left shoulder table injuries,” i.e. , a Shoulder

Injury Related to Vaccine Admini stration (“SIRVA”), as defined in the Vaccine Injury Table,

following administration of an influenza vaccin e she received on October 4, 2017. Petition at 1.

On February 12, 2021, the Secretary of Health an d Human Services (“resp ondent”) filed a Rule

4(c) Report indicating that this case is appropriate for compensa tion under the terms of the Act

for a SIRVA Table injury, and on February 16, 2 021, the Chief Special Master issued a Ruling

on Entitlement finding petitioner entitled to compensation. ECF No. 27; ECF No. 28.

I. Items of Compensation

A. Pain and Suffering

Respondent proffers that petitioner should be awarded $155,000.00 in pain and suffering.

See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.2 II. Form of the Award
Petitioner is a competent adult. Evidence of guardianship is not requ ired in this case.

Respondent recommends that the compensation pr ovided to petitioner sh ould be made through a

lump sum payment as described below and request s that the Chief Special Master’s decision and

the Court’s judgment award the following 1 : a lump sum payment of $158,456.62, in the form of

a check payable to petitioner.

III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Carolyn Deane: $158,456.62

Respectfully submitted,

BRIAN M. BOYNTON Principal Deputy Assistant Attorney General

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

HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division

1 Should petitioner die prior to entry of judgment, the parties rese rve 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. B

. Past Unreimbursable Ex pen ses
Evidence supplied by petitione r d ocuments that she incu rred past unreimbursable

expenses related to her vaccine-related injury. Resp on den t pr of fers that petition er sh ould b e
awarded past unreimbursable e xp en ses in th e amount of $3,456.62. See 4 2 U.S.C. § 300aa1 5(a)(1)(B). Petitioner agrees.

The above amounts r epresent all elements of co mpensation to which petitioner is entitled

under 42 U.S.C. § 300aa-15(a). Petitioner agrees.3 DARRYL R. WISHARD Assistant Director Torts Branch, Civil Division

/s/ Catherine E. Stolar CATHERINE E. STOLAR T rial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Tel.: (202) 353-3299 Fax: (202) 616-4310 Email: catherine.stolar@usdoj.gov

DATED: May 9, 2022