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UNPUBLISHED DECISION AWARDING DAMAGES1

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 attached 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 payable 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-

6360. 

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. 14-669V

 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 

through 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), except 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 petitioner1 and 

HMS

TPL Recovery Unit

2000 Interstate Park Dr., Suite 401

Montgomery, AL 36109

Case No: 160873

 1 Petitioner agrees 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

DATED: October 14, 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.