# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 19

- 1910 V

UNPUBLISHED

BETTY KNIGHT

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: June 8, 2021

Special Processing Unit (SPU);

Damages Decision Based on Proffer;

Influenza (Flu) Vaccine; Shoulder

Injury Related to Vaccine

Administration (SIRVA)

Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA , for P etitioner.

James Vincent Lopez

, U.S. Department of Justice, Washington, DC, for R espondent.

DECISION AWARDING DAMAGES 1

On December 17, 2019

, Betty Knight 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

admini stration (“SIRVA”), which meets the Table SIRVA definition, after receiving an

influenza vaccine on October 10, 2017 . Petit ion at 1, ¶¶ 2, 11

. The case was assigned to

the Special Processing Unit of the Office of Special Masters.

On May 28, 2021

, a ruling on entitlement was issued , finding P etitioner entitled to

compensation for her SIRVA . On June 8, 2021

, R espondent filed a p roffer on a ward of

compensation (“Proffer”) indicating P etitioner should be awarded $ 42,500.00 for her pain

and suffering

. Proffer at 1

. In the Proffer, R espondent represented that P etitioner agrees

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am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

. He reinafter, for ease

of citation, all “§” references to the Vaccine Act will be to the pertinent subpara graph of 42 U.S.C. § 300aa

(2012 ).2

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.

Pursuant to the terms stated in the attached Proffer, I award P etitioner a lump

sum payment of $ 42,500.00 for her pain and suffering 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/Brian H. Corcoran

Brian H. Corcoran

Chief Special Master

3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint fil ing of notice

renouncing the right to seek review.IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

___________________________________ )

BETTY KNIGHT

, )

)

Petitioner, )

) No. 19

- 1910 V

v. ) Chief Special Master Corcoran

) ECF

SECRETARY OF HEALTH AND )

HUMAN SERVICES, )

)

Respondent. )

____________________________________)

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On December 17 , 2019

, Betty Knight (“petitioner”) filed a petition for compensation

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

- 1 to

- 34

(“Vaccine Act” or “Act”) , 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

a n influenza (“flu ”) va ccine she received on October 10, 201 7

. On May 2 7 , 202 1 , the Secretary

of Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that this case is

appropriate for compensation under the terms of the Act for a SIRVA Table injury , and on May

2 8 , 202 1

, the Chief Special Master issued a Ruling on Entitlement finding petitioner entit led to

compensation. ECF No. 2 6 ; ECF No. 2 7

.

I. Items of Compensation

A. Pain and Suffering

Respondent proffers that petitioner shoul d be awarded $ 42

, 5 00.00 in pain and suffering

.

See 42 U.S.C. § 300aa

- 15(a)(4). Petitioner agrees.2 This amount represent s all elements of compensation to which petitioner is entitled under

42 U.S.C. § 300aa

- 15(a)

. Petitioner agrees.

II. Form of the Award

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

Respondent recommends that the compensation provided to petitioner should be made through a

lump sum payment as described below and requests that the Chief Special Ma ster’s decision and

the Court’s judgment award the following 1 : a lump sum payment of $ 42

, 500

. 00

, in the form of a

check payable to petitioner.

III. Summary of Recommended Payments Following Judgment

Lump sum payable to petitioner, Betty Knight : $ 42

, 500 .00

Respectfully submitted,

BRIAN M. BOYNTON

Acting Assistant Attorney General

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division

HEATHER L. PEARLMAN

Acting Deputy Director

Torts Branch, Civil Division

DARRYL R. WISHARD

Assistant Director

Torts Branch, Civil Division

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 oppose any award for future lost earnings

and future pain and suffering.3 s/ James V. Lopez

. James V. Lopez

Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146, Ben Franklin Station

Washington, D.C. 20044

- 0146

Tel: (202) 616

- 3655

Fax: (202) 616

- 4310

Email: james.lopez@usdoj.gov

Date: June 8 , 2021