# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 17 -0698V

Filed: June 4, 2018

UNPUBLISHED

JULIUS VINE

,

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)

Michael Avrim Firestone, Marvin Firestone, MD, JD and Associates, San Mateo, CA, for

petitioner.

Lisa Ann Watts, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

Dorsey

, Chief Special Master:

On May 25, 2017

, petitioner 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, after receiving an influenza vaccination on September 30,

2015, he “suffer ed the Table Injury known as Shoulder Injury Related to Vaccine

Administration (SIRVA) . . . [or] [i]n the alternative . . . suffered some form of

neurological syndrome or physical injury, either or all of which was caused- in -fact by the

above stated vaccination. ” Petition at 1 (internal quotations omitted); accord. id. at ¶¶ 2,

34. The case was assigned to the Special Processing Unit of the Office of Special

Masters.

On January 19, 2018, a ruling on entitlement was issued, finding petitioner

entitled to compensation for his SIRVA. On June 4, 2018, respondent filed a proffer on

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the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. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of

Electronic Government Services). 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, 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, for

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

300aa (2012 ).2

a ward of compensation (“Proffer”) indicating petitioner should be awarded $90,000.00.

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 awards

petitioner a lump sum payment of $90,000.00 in the form of a check payable to

petitioner, Julius Vine

. 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 FED ERAL CLAIMS

OFFICE OF SPECIAL MASTERS

JULIUS VINE,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. No. 17

- 698V

Chief Special Master Dorsey

ECF

RESPONDENT’ S PROFFER ON AWARD OF COMPENSATION

On May 25, 2017, Julius Vine (“petitioner”) filed a petition for vaccine injury

compensation alleging that he suffered a left shoulder injury related to vaccine administration

(“SIRVA”), a Table injury, following receipt of an influenza (“flu”) vaccin ation administered on

September 30, 2015

. Respondent filed his Rule 4(c) Report conceding entitl eme nt to

compensation on January 18, 2018 . The Chief Special Master issued a Ru ling on Entitle ment o n

January 19, 2018

.

I. Items of Compensation

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

$ 90,000.00 for his pain and suffering, which represents all elements of compensation to which

petitioner would be entitled under 42 U.S.C. § 300aa

- 15(a)

. 1 Petitioner agrees.

1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court

for appropriate relief. In particular, respondent would oppo se any award for future damages

.2 II. Form of the Award

The parties recommend that the compensation provided to petitioner should be made

through a lump sum payment of $ 90,000.00 in the form of a check payable to petitioner. 2

Petitioner agrees.

Respectfully submitted,

CHAD A. READLER

Acting Assistant Attorney General

C . SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division

CATHARINE E. REEVES

Deputy Director

Torts Branch, Civil Division

HEATHER L. PEARLMAN

Assistant Director

Torts Branch, Civil Division

s/Lisa A. Watts

LISA A. WATTS

Senior Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

Benjamin Franklin Station

Washington, D.C. 20044

- 0146

Tel.: (202) 616

- 4099

DATED: June 4 , 2018

2 Petitioner is a competent adult. Proof of guardianship is not required in this case.