# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 17

- 1313 V

Filed: July 25, 2019
UNPUBLISHED

SALLY JO DELPHA

,

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)

Jessica Olins, Maglio Christopher & Toale, PA, Washington, DC , for petitioner. Amy Paula Kokot

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

DECISION AWARDING DAMAGES 1

Dorsey

, Chief Special Master:

On September 22, 2017

, 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”) . Petitioner alleges that she suffered a shoulder injury related to vaccin e administration ( “ SIRVA ” ) as a result of the influenza ( “ fl u ” ) vaccine administered on October 3, 201 6

. Petition at 1 . The case was assigned to the Special Processing Unit of the Office of Special Masters.

On August 1, 2018

, a ruling on entitlement was issued , finding petitioner entitled to compensation for her SIRVA . On July 25, 2019 , respondent filed a p roffer on a ward of compensation (“Proffer”) indicating petitioner should be awarded $ 143,061.79

.

1 The un dersigned intends 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, the undersigned agrees that the identified material fits within this definition, the undersigned will redact such material from public access. Because this unpublished decision contains a reasoned explanation for the

actio n in this case, undersigned is 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, 100 Stat. 3755. Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012).2

Proffer at 1

. In the Proffer, respondent represented that petitioner agrees with the proffered award. Id. Based on the record as a whole, the undersigned finds that petitioner is entitled to an award as stated in the Proffer.

Pursuant to the terms stated in the attached Proffer, the undersigned award s petitioner a lump sum payment of $ 143,061.79 (representing c ompensation in the

amount of $130,000.00 for pain and suffering; $12,616.77 for lost wages; and $445.02 for out

- of

- pocket expenses ) in the form of a check payable to petitioner, Sally Jo Delpha

. 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/Nora Beth Dorsey Nora Beth Dorsey 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.1 IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

) SALLY JO DELPHA, ) ) Petitioner, ) ) N o. 17-1313V (ECF) v. ) Chief Special Master Dorsey ) SECRETARY OF HEALTH AND ) HUMAN SERVICES, ) ) Respondent. ) )

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Compensation for Vaccine Injury-Related Items

On July 23, 2018, respondent filed his R ule 4(c) Report concedi ng entitlement in the

above-captioned case. Chief Special Master Dorsey issued a Ruling on Entitlement on A ugust 1,

2018, finding that petitioner was entitled to vaccine compensat ion for her Shoulder Injury Related

to Vaccine Administration (“SIRVA”). Based on the evidence of record, respondent proffers that

petitioner should be awarde d $143,061.79. This amount includes $130,000.00 for pain and

suffering; $12,616.77 for lost wages; and $445.02 for out-of-po cket expenses, and it represents all

elements of compensation to whic h petitioner would be entitled under 42 U.S.C. § 300aa-15(a).

Petitioner agrees.

II. Form of the Award

Respondent recommends that the co mpensation provided to petiti oner be made through a

lump sum payment of $143,061.79 in the form of a chec k payable to petitioner. 1 Petitioner agrees.

1 Should petitioner die prior to t he entry of judgment, responden t reserves the right to move the Court for appropriate relie f. In particular, respondent wo uld oppose any award for future medical expenses, future pain a nd suffering, and future lost wa ges.2 Petitioner is a competent adu lt. 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 Branc h, Civil Division

ALEXIS B. BABCOCK

Assistant Director

Torts Branc h, Civil Division

s/Amy P. K okot

AMY P. KOKOT Trial Attorney Torts Branch, Civil Division U.S. Department of Justice

P.O. Box 146

Ben Franklin Station Washington, DC 20044-0146 Tel: (202) 616-4118

Dated: July 25, 2019