# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 16

- 1574 V

Filed: October 11, 2017
UNPUBLISHED

DONALD D. DIX

,

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); Adhesive Capsulitis

Milton C. Ragsdale, IV, Ragsdale, LLC, Birmingham, AL , for petitioner. Douglas Ross , U .S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

Dorsey

, Chief Special Master:

On November 28, 2016

, 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”)

. ”)

. Peti tioner alleged that he suffered a shoulder injury related to vaccine administration (“SIRVA”) after receiving an influenza (“flu”) vaccin ation on September 29 , 2015

. Petition at 1-3 . The case was assigned to the Special Processing
Unit (“ SPU ” ) of the Office of Special Masters.

On May 17, 2017

, the undersigned issued a ruling on entitlement , finding petitioner entitled to compensation for adhesive capsulitis . On October 11, 2017

, respondent filed a proffer on a ward of compensation (“Proffer”) indicating petitioner

should be awarded $ 123,732.00 , which amount is comprised of: a) $110,000.00 for pain and suffering; b) $10,678.00 for future expe nses; and c) $3,054.00 for past expenses.

Proffer at 1. In the Proffer, respondent represented that petitioner agrees with the

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intend s to post it on the United States Court of Federal Claims'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 agree s that the ident ified 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 ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012).2 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 $1 23,732.00 in the form of a check payable to petitioner, D onald D. Dix

. 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/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.IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

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

*

DONALD D. DIX

, *

*
Petitioner, *

*

v . * No. 16-1574 V (ECF)

* C HIEF S PECIAL M ASTER
* N ORA B ETH D ORSEY
SECRETARY OF HEALTH *

AND HUMAN SERVICES

, *

* Respondent. *

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

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

In her May 17, 2017 decision , the Chief S pecial M aster found that a preponderance of the

medical evidence indicates that petitioner suffered a shoulder injury related to vaccine

administration (“SIRVA”), which was causally related to the flu vaccination he received on

September 29, 2015. The parties have now addre ss ed the amount of compensation to be

awarded in this case.

I. Compensation

Based upon the evidence of record, respondent proffer s that a lump sum of $123,732.00

should be awarded petitioner. This amount is comprised of: a) $ 110,000.00 for pain and

suffering; b) $10,678.00 in future expenses; and c) $3,054.00 for past expenses. This lump sum

amount 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, respondent would oppose any award for future medical expenses, future lost earnings, and future pain and suffering, and the parties reserve the right to move the Court for appropriate relief.2 II. Form of the Award

The parties recommend that the compensation provided should be made in the form of a

check for $ 123,732.00 payable to petitioner.

Respectfully submitted,

CHAD A. READL ER Acting Assistant Attorney General

C. SALV ATORE D’ALESSIO Acting Director
Torts Branch, Civil Division

CATHARINE E. REEVES Deputy Director
Torts Branch, Civil Division

ALEXIS B. BABCOCK

Assistant Director
Torts Branch, Civil Division

/s/ DOUGLAS ROSS

DOUGLAS ROSS

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) 616-3667

DATE: October 11, 2017