# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 20

- 1101 V

UNPUBLISHED

MAUREENA WALKER

,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: December 13, 2021

Special Processing Unit (SPU); Damages Decision Based on Proffer; Influenza (Flu) Vaccine; Shoulder Injury Related to Vaccine Administration (SIRVA)

Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY , for Petitioner.

Jeremy Fugate , U.S. Department of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES 1

On August 31, 2020

, Maureena Walker f iled 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 left shoulder injury related to vaccine
administration (“SIRVA”), a defined Table injury, after receiving a n influenza (“flu”)

vaccine on Se p t em ber 1 0 , 201 9 . Petit ion at 1, ¶¶ 4, 25

- 26

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

On December 10, 2021

, R espondent filed a combined Rule 4(c) Report and Proffer
(“ Rule 4 (c) Report and Proffer”) conceding entitlement and indicating P etitioner should be

1 Because this unpublished D ecision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99

- 660, 100 Stat. 3755

. Hereinafter, for ease of citation, all S ection references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012).2

awarded $ 8 7

, 590 .00

. Rule 4 (c) Report and Proffer at 5

- 6

. On December 13, 2021

, I

issued a ruling on entitlement, finding P etitioner entitled to compensation for her SIRVA

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

. Rule 4(c) Report

and Proffer at 6

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

award as stated in the Proffer.

Pursuant to the terms stated in the combined Rule 4 (c) Report and Proffer, 3 I

award P etitioner a lump sum payment of $ 87,590.00 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. 4

IT IS SO ORDERED.

s/Brian H. Corcoran

Brian H. Corcoran
Chief Special Master

3 Because t he combined Rule 4 (c) R eport and P roffer contains information regarding P etitioner’ s personal medical history

, which is not generally included in a P roffer, when separatel y filed, I will not att a ch the

P roffer to the decision in this case

.

4 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.