# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 18

- 435 V

Filed: January 21, 2021

UNPUBLISHED

MIRANDA SELLERS

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Special Master Horner

Damages Decision Based on Proffer;

Influenza (Flu) Vaccine; Shoulder

Injury Related to Vaccine

Administration (SIRVA)

Michael Patrick Milmoe, Law Offices of Leah V. Durant, PLLC, Washington, DC , for

petitioner.

Camille Michelle Collett , U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

On March 23, 2018

, Miranda Sellers 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 she suffered a Shoulder Injury Related to Vaccine

Administration (SIRVA)

. (ECF No. 1, p. 1.)

On November 19, 2020

, a ruling on entitlement was issued , finding P etitioner

entitled to compensation for her SIRVA . On January 19, 2021

, R espondent filed a p roffer

on a ward of compensation (“Proffer”) indicating P etitioner should be awarded $ 72,500 .00

. (ECF No

. 51, p. 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1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am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 decision 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. 3755.2 Pursuant to the terms stated in the attached Proffer, I award P etitioner a lump

sum payment of $ 72,500.00 in the form of a check payable to P etitioner

. 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/ Daniel T. Horner

Daniel T. Horner

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

MIRANDA SELLERS

, )

)

Petitioner

, ) No. 1 8

- 435 V

) Special Master

v. ) Daniel Horner

) ECF

)

SECRETARY OF HEALTH )

AND HUMAN SERVICES, )

)

Respondent

. )

)

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On March 23 , 2018, Miranda Sellers (“petitioner”) filed a petition for compensation

under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa

- 1 to

- 34

(“Vaccine Act” or “Ac t”) , alleging that she suffered a S houlder I njury R elated to Vaccine

Administration (“SIRVA”)

, as defined in the Vaccine Injury Table, following administration of

an influenza (“flu”) va ccine s he received on October 3, 2016 . ECF No. 1. On April 30, 2019,

respondent filed his Rule 4(c) Report, indicating that this case was not appropriate for

compensation under the terms of the Act for a SIRVA Table injury . ECF No. 18 . On November

18, 2020, respondent filed an amended Rule 4(c) Report, indicating that re spondent would not

dispute that petitioner had satisfied the legal prerequisites for compensation under the terms of

the Act for a SIRVA Table injury. ECF No. 47. On November 19 , 2020, the Special Master

issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 48

.

Respondent now proffers that petitioner receive an award of a lump sum of $ 72,500.00

, in the

form of a check payable to petitioner , an award comprised of $ 72 ,500.00 for past and future painand suffering

. This amount represents compensation for all elements of compensation under 42

U.S.C. § 300aa

- 15(a) to which petitioner is entitled. 1 Petitioner agrees.

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

Respectfully submitted,

JOHN V. COGHLAN

Deputy Assistant Attorney General

, Federal Programs Branch, Civil Division

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division

HEATHER L. PEARLMAN

Acting Deputy Director

Torts Branch, Civil Divisio n

DARRYL R. WISHARD

Assistant Director

Torts Branch, Civil Division

s/

Camille M. Collett

CAMILLE M. COLLETT

Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146 Benjamin Franklin Station

Washington D.C. 20044

- 0146

Tel: (2 02) 616

- 4098

E

- mail: Camille.m.collett@usdoj.gov

Dated: January 19, 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

.