# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 19

- 1505 V

UNPUBLISHED

MAIJA HARKONEN

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: October 6, 2021

Special Processing Unit (SPU);

Damages Decision Based on Proffer;

Influenza (Flu) Vaccine; Shoulder

Injury Related to Vaccine

Administration (SIRVA)

Renee Ja Gentry, Vaccine Injury Clinic, George Washington Univ. Law School,

Washington, DC , for Petitioner.

Althea Walker Davis , U.S. Department of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES 1

On September 30, 2019, Maija Harkonen filed a petition for compensation under

the National Vaccine Injury Compensation P rogram, 42 U.S.C. §300aa

- 10, et seq. (the

“Vaccine Act”). Petitioner alleges that she suffered a left shoulder injury related to vaccine

administration (“SIRVA”) caused

- in

- fact by the trivalent influenza vaccine she received on

October 12, 2016. Petition at 1, ¶¶ 2, 18. The case was assigned to the Special

Processing Unit of the Office of Special Masters.

On September 23, 2021

, a ruling on entitlement was issued , finding P etitioner

entitled to compensation for her SIRVA . On October 6, 2021

, R espondent filed a p roffer

on a ward of compensation (“Proffer”) indicating P etitioner should be awarded $ 86, 526.34,

representing compensation in the amount of $85,000.00 for her pain and suffering and in

the amount of $1,526.34 for her past unreimburs able o ut

- of

- pocket expenses

. Proffer at

1

. In the Proffer, R espondent represented that P etitioner agrees with the proffered award.

Id. Based on the record as a whole, I find that P etitioner is entitled to an award as stated

in the Proffer.

1 Because this unpublished D ecision contains a reasoned explanation for the action in this case, I am

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). This means the D ecision 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 invasion of privacy.

If, upon review, I agree that the identified material fits within this definition, I will redact such material from

public access.2

Pursuant to the terms stated in the attached Proffer, I award P etitioner a lump

sum payment of $ 86,526.34 , representing compensation in the amount of

$85,000.00 for her pain and suffering and in the amount of $1,526.34 for her past

unreimbursable expenses in the form of a check payable to P etitioner

. This amount

represents compensation for all damages that w ould be available under Section 15 (a)

.

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

decision. 2

IT IS SO ORDERED.

s/Brian H. Corcoran

Brian H. Corcoran

Chief Special Master

2 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.IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

MAIJA HARKONEN, )

)

Petitioner, ) No. 19

- 1505V

) Chief Special Master

v. ) Brian Corcoran

) SPU

SECRETARY OF HEALTH )

AND HUMAN SERVICES, )

)

Respondent. )

)

RESPONDENT'S PROFFER ON AWARD OF COMPENSATION

On September 30 , 2019, M aija Harkonen (“petitioner”) filed a petition for compensation

(“Petition”) under the Na tional Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa

- 1 to

-

34 (“Vaccine Act” or “Act”), as amended. Respondent conceded petitioner’s entitlement to

compensation in his Rule 4(c) Report filed on September 22

, 2021

. ECF No. 36

. Based on

Responden t’s Rule 4(c) Report, on September 23 , 2021

, Chief Special Master Corcoran f ound

petitioner entitled to compensation for her left shoulder SIRVA injury

. ECF No. 37

.

I. Items of Compensation

Based upon the evidence of record, respondent proffers that petitio ner should be awarded

$ 86,526.34 . This award is compri s ed of $85,000.00 for pain and suffering and $1,526.34 fo r

past unreimbursable out

- of

- pocket expenses . This 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 made2 through a lump sum payment of $ 86,526.34

, in the form of a check made payable to petitioner

. 1

Petitioner agrees.

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

Respectfully submitted,

BRIAN M. BOYNTON

Acting Assistant Attorney General

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division

HEATHER L. PEARLMAN

Deputy Director

Tor ts Branch, Civil Division

DARRYL R. WISHARD

Assistant Director

Torts Branch, Civil Division

s/Althea Walker Davis

ALTHEA WALKER DAVIS

Senior Trial Counsel

Torts Branch, Civil Division

U.S. Depa rtment of Justice

P.O. Box 146

Benjamin Franklin Station

Washington, D.C. 20044

- 0146

Tel: (202) 616

- 0515

Althea.Davis@usdoj.gov

DATED: October 6, 2021

1 Should petitioner die prior to the 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 lost earnings, and future pain and suffering

.