# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS



### * * * * * * * * * * * * * * * * * * * * *

GAINES HEARNS

, *

* No. 14

- 669V

Petitioner, * Special Master Christian J. Moran

*

v. * Filed: October 16, 2015

*

SECRETARY OF HEALTH * Damages; decision based on proffer;

AND HUMAN SERVICES, * influenza (“flu”) vaccination;

* shoulder injury.

Respondent. *

* * * * * * * * * * * * * * * * * * * * *

Ronald C. Homer

, Conway, Homer & Chin

- Caplan

, Boston

, MA , for Petitioner;

Jennifer L. Reynaud , U.S. Department of Justice, Washington, DC, for

Respondent.

UNPUBLISHED DECISION AWARDING DAMAGES 1



### On July 29, 2014

, Gaines Hearns filed a petition seeking compensation

under the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa

- 1

et seq., alleging that the trivalent influenza vaccination caused him to suffer a

shoulder injury related to vaccine administration (“SIRVA”)

.

On October 14, 2015 , respondent filed a Proffer on Award of Compensation,

to which petitioner agrees. Based upon the record as a whole, the special master

finds the proffer reasonable and that petitioner is entitled to an award as stated in

the Proffer. Pursuant to the att ached Proffer the court awards petitioner:

1 The E

- Government Act of 2002, Pub. L. No. 107

- 347, 116 Stat. 2899, 2913 (Dec. 17,

2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),

the parties have 14 days to file a motion proposing redaction of medical information or other

information described in 42 U.S.C. § 300aa

- 12(d)(4). Any redactions ordered by the special

master will appear in the document posted on the website.

### 1. A lump sum payment of $ 75,000.00, in the form of a check pa yable to

petitioner, Gaines Hearns. This amount represents compensation for all

damages that would be available under 42 U.S.C. §300aa

- 15(a), except

as set forth below in paragraph 2 ; and

2. A lump sum of $307.27, which amount represents reimbursement of a

lien for services rendered on behalf of Gaines Hearns, in the form of a

check payable jointly to petitioner and

HMS

TPL Recovery Unit

2000 Interstate Park Dr., Suite 401

Montgomery, AL 36109

Case No: 160873

Petitioner agrees to endorse this payment to the HMS, TPL Recovery

Unit.

In the absence of a motion for review filed pursuant to RCFC, Appendix B,

the clerk is directed to enter judgment in case 14

- 669V according to this decision

and the attached proffer. 2



### Any questions may be directed to my law clerk, Dan Hoffman , at (202) 357

-

63 60

.

IT IS SO ORDERED.

s/Christian J. Moran

Christian J. Moran

Special Master

2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each

party filing a notice renouncing the right to seek review by a United States Court of Federal

Claims judge.1 IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

GAINES HEARNS

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. No. 1 4

- 669 V

Special Master Moran

ECF

PROFFER ON AWARD OF COMPENSATION

I. Items of Compensation

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

awarded $75

, 307.27 , which 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

Respondent recommends that the compensation provided to petitioner should be made

t hrou gh the following payments:

a. A lump sum of $75,000.00 in the form of a check payable to petitioner. This

amount represents compensation for all damages that would be available under

42 U.S.C. §300aa

- 15(a), ex cept as set forth in paragraph II .b; and

b. A lump sum of $ 307.27

, which amount represents reimbursement of a lien for

services rendered on behalf of petitioner, in the form of a check payable jointly

to petitioner 1 and

HMS

TPL Recovery Unit

2000 Interstate Park Dr., Suite 401

Montgomery, AL 36109

Case No: 160873

1 Petitioner agree s to endorse this payment to the appropriate State agency.2 Petitioner agrees. 2

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

Respectfully submitted,

BENJAMIN C. MIZER

Principal Deputy Assistant Attorney General

RUPA BHATTACHARYYA

Director

Torts Branch, Civil Division

VINCENT J. MATANOSKI

Deputy Director

Torts Branch, Civil Division

LYNN E. RICCIARDELLA

Senior Trial Attorney

Torts Branch, Civil Division

/s Jennifer L. Reynaud

JENNIFER L. REYNAUD

Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

Benjamin Franklin Station

Washington, D.C. 20044

- 0146

(202) 305

- 1586

D ATED : October 1 4 , 2015

2 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

medical expenses, future pain and suffering, and future lost wages.