# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 15

- 0 897 V

Filed: November 17, 2015

Unpublished

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

EMILY DWORKIN

, *

*

Petitioner, * Ruling on Entitlement; Damages

* Decision Based on Proffer;

* Concession; Influenza (“Flu”) Vaccine;

SECRETARY OF HEALTH * Shoulder Injury Related to Vaccine

AND HUMAN SERVICES, * Administration (“SIRVA”); Special

* Processing Unit (“SPU”)

Respondent. *

*

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

Danielle A. Strait

, Maglio Christopher and Toale, PA, Washington, DC

, for petitioner.

Gordon E. Shemin , U

. S

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

RULING ON ENTITLEMENT AND DECISION AWARDING DAMAGES 1

Dorsey

, Chief Special Master:

On August 19, 2015

, Emily Dworkin (“ p etitioner ”) filed a petition for compensation

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

- 10, et

seq

. , 2 (the “Vaccine Act” or “Program”)

. Peti tioner alleges that the influenza (“flu”)

vaccination that s he received on October 14, 2014

, caused h er to suffer a shoulder

injury

. See generally Petit io n. The case was assigned to the Special Processing Unit

(“SPU”) of the Office of Special Masters.

On November 16, 2015

, respondent filed a Rule 4(c) R eport and Proffer on

Damages (“Report and Proffer”) in which she concedes that petitioner is entitled to

compensa tion in this case. Report and Proffer at 1 . Specifically, respondent concluded

that petitioner’s alleged injury is consistent with shoulder injury related to vaccine

adm inistration (“ SIRVA ”), and that it was caused in fact by the flu vaccine she received

on October 14, 2014

. Id. at 3

. Additionally, respondent did not identify any other cause

1 Because this unpublished ruling and decision contains a reasoned explanation for the action in this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, Pub. L. No. 107

- 347, § 205, 116 Stat. 2899, 2913

(codif ied as amended at 44 U.S.C. § 3501 note (2006)). 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, up on 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, fo r

ease of citation, all “§” references to the Vaccine Act will be to the pertinent subpara graph of 42 U.S.C. §

300aa (2012 ).for petitioner’s SIRVA, and records show that she has suffered the sequela of her injury

for more than six months. Id. Petitioner has therefore “ satisfied all legal prerequisites

for compensation under the Act.” Id.

B ased upon the evidence of record, respondent p roffer s that petitioner should be

awarded $ 6 0, 000.00 in compensation

. Report and Proffer at 3

. Respondent represents

that petitioner agrees with the proffered award. Id.

In view of respondent’s concession and the evidence of record

, the

undersigned find s that petitioner is entitle d to compensation

. Further, based on

the record as a whole, the undersigned finds that petitioner is entitled to an award

as stated in Respondent’s Rule 4(c) Report and Proffer on Damages.

Pursuant to the terms stated in Respondent’s Rule 4(c) Report and Proffer on

Damages at 3

, the undersigned award s petitioner a lump sum payment of

$ 6 0, 000.00 in the form of a check payable to petitioner, Emily Dworkin

. 3 Th is

amount represent s compensation for all damages that would b e available under §

300aa

- 15(a).

The clerk of the court is directed to enter judgment in accordance with this

decision. 4

IT IS SO ORDERED.

s/Nora Beth Dorsey

Nora Beth Dorsey

Chief Special Master

3

“ 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. ” Report and Proffer at 4 , fn. 1

.

4 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint fil ing of notice

renouncing the right to seek review.