# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 18

- 0709 V

Filed: June 28, 2019

UNPUBLISHED

JUDITH BOHNENKAMP

,

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)

Brenton Aaron Elswick, Maglio Christopher & Toale, PA, Seattle, WA , for petitioner.

Ann Mayhew Golski

, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

Dorsey

, Chief Special Master:

On May 18, 2018

, 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”) . Petitioner alleges that as the result of an influenza (“flu”) vaccine administered on

November 23, 2015, she suffered a left shoulder injury related to vaccine administration

(“SIRVA”)

. Petition at 1 . The case was assigned to the Special Processing Unit of the

Office of Special Masters.

On March 14, 2019

, a ruling on entitlement was issued , finding petitioner entitled

to compensation for SIRVA . On June 27, 2019 , respondent filed a p roffer on a ward of

compensation (“Proffer”) indicating petitioner should be awarded $ 117,698.61

1 The un dersigned intends to post this decision on the United States Court of Federal Claims' website.

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 invas ion 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. Because this unpublished decision contains a reasoned explanation for the

actio n in this case, undersigned is 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)

.

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

(consisting of $115,000.00 for pain and suffering and $2,698.61 for past unreimbursed

expenses)

. 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 at tached Proffer, the undersigned award s

petitioner a lump sum payment of $ 117,698.61 (consisting of $115,000.00 for pain

and suffering and $2,698.61 for past un reimbursed expenses) in the form of a

check payable to petitioner, Judith Bohnenkamp

. 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.IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

__________________________________________ )

JUDITH BOHNENKAMP, )

)

Petitioner, )

) No. 18

- 709V (ECF)

v. ) Chief Special Master Dorsey

)

SECRETARY OF HEALTH )

AND HUMAN SERVICES, )

)

Respondent. )

__________________________________________)

RESPONDENT’S PROFFER ON AWARD OF DAMAGES

On March 13 , 2019 , respondent, the Secretary of Heal th and Human Services, filed his

Rule 4(c) Report conceding entitlement to compensation in this matter. On March 14 , 2019

, the

Court entered its Ruling on Entitlement, finding petitioner Judith Bohnenkamp entitled to

Vaccine Act compensation. Respondent now pro ffers that petitioner receive a compensation

award consisting of a lump sum of $ 117,698.61 in the form of a check payable to petitioner

,

Judith Bohnenkamp

. 1 This amount consists of $ 11 5 ,0 00.00 for pain and suffering and $2,698.61

for past unreimbur sed expenses

, and represents compensation for all elements of compensation

under 42 U.S.C. § 300aa

- 15(a) to which petitioner is entitled. 2

Petitioner agrees with the proffered award of $ 117,698.61

. 3

1 Petitioner is a competent adult. No guardianship is required.

2 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.

3 This prof fer does not include any award for attorneys’ fees and costs that may be awarded

pursuant to 42 U.S.C. § 300aa

- 15(e).2 Respectfully submitted,

JOSEPH H. HUNT

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/Voris E. Johnson, Jr.

VORIS E. JOHNSON, JR.

Senior Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

Ben Franklin Station

Washington, D.C. 20044

- 0146

Direct dial: (202) 616

- 4136

Dated: June 2 7 , 2019