### IN THE UNITED STATES CO URT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS

No. 14-238V Filed: July 29, 2014 (Not to be published)

* * * * * * * * * * * * * * * * * * * * * * * * * * * * LINDA LEGGETT, *
* Petitioner, * Conceded; Influenza Vaccine; v. * Shoulder Injury related to vaccine * administration [SIRVA]; Proffer SECRETARY OF HEALTH * on Damages AND HUMAN SERVICES, *
* Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * * * Maximillian Muller, Esq ., Muller Brazil, LLP, Philadelphia, PA for petitioner. Linda Renzi, Esq., U.S. Dept. of Justice, Wa shington, DC for respondent.

DECISION ON DAMAGES 1

Gowen , Special Master:

On March 27, 2014, Linda Leg gett [“petitioner”] filed a petition for compensation under the National Vaccine Injury Com pensation Program, 42 U.S.C. §300aa-10, et

seq

. 2 [the “Vaccine Act” or “Progr am”]. The petition alleges that petitioner received the influenza vaccine on October 19, 2012, and ther eafter suffered a shoulder injury which was caused-in-fact by the influenza vaccine. Petition at 1. On July 3, 2014, respondent filed her Rule 4(c) report [“Respondent’s Report”], in whic h she concedes that petitioner is entitled to compensation in this case. Respondent’s Report at 4. I issued a Ruling on Entitlement on July 10, 2014.

On July 28, 2014, respondent filed a pr offer on award of compensation, which indicated that petitioner agr eed to the compensation amount. Additionally, petitioner’s

1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I intend to post this ruling on the United States Court of Fede ral Claims' website, in accordance with the EGovernment Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). In accordance with Va ccine Rule 18(b), petitioner has 14 days to identify and move to delete 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 delete such material 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 Ac t will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2006).2 counsel was contacted by my chamber s on July 28, 2014, where he confirmed petitioner’s agreement with the proposed compensation amount contained within the
filed Proffer.

Pursuant to the terms stated in the attached Proffer, I award petitioner a lump sum payment of $115,000.00 in the form of a check payable to petitioner, Linda Leggett. This amount represents compensation for all damages that would be
available under § 300aa-15(a).

The clerk of the court is directed to enter judgment in accordance with this
decision. 3

IT IS SO ORDERED.
s/Thomas L. Gowen
Thomas L. Gowen Special Master

3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by eac h party filing a notice renouncing the right to seek review.1 IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

LINDA LEGGETT, ) ) Petitioner, ) No. 14-238V ) Special Master v. ) Thomas L. Gowen ) ECF SECRETARY OF HEALTH ) AND HUMAN SERVICES, ) ) Respondent. ) )

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Compensation for Vaccine Injury-Related Items:

Respondent proffers that, based on the evidence of record, petitioner should be

awarded $115,000.00. This amount represents a ll elements of compensation to which

petitioner would be entitled under 42 U. S.C. § 300aa-15(a)(1); §15(a)(3)(B); and

§15(a)(4). Petitioner agrees.

II. Form of the Award:

The parties recommend that the compensa tion provided to Linda Leggett should be

made through a lump sum payment as descri bed below, and request that the special

master’s decision and the Court’ s judgment award the following: 1

A. A lump sum payment of $115,000.00 in the form of a check payable to petitioner, Linda Leggett. This amount accounts fo r all elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner would be entitled.

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

1 Should petitioner die prior to entry of judgment, the partie s reserve the right to move the Court for appropriate reli ef. In particular, responde nt would oppose any award for future medical expenses and future pain and suffering.2 Respectfully submitted,

STUART F. DELERY 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/ Linda S. Renzi

LINDA S. RENZI
Senior Trial Counsel Torts Branch, Civil Division U.S. Department of Justice

P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Tel.: (202) 616-4356

DATED: July 28, 2014