# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 15

- 320 V

Filed: September 24 , 2015

Unpublished

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

ANGELA WATERS

, *

*

Petitioner, * Damages Decision Based on Proffer;

v. * Influenza or Flu Vaccine; Shoulder

* Injury Related to Vaccine Administration

SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit

AND HUMAN SERVICES, * (“SPU”)

*

Respondent. *

*

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

Alison Haskins , Esq.

, Maglio Christopher and Toale, PA, (F L) Sarasota, FL

, for petitioner.

Justine Walters , Esq., U.S. Department of Justice, Washi ngton, DC for respondent.

DECISION AWARDING DAMAGES 1

Dorsey

, Chief Special Master:

On March 27, 2015, Angela Waters filed a petition for compensation under the

National Vaccine Injury Compensation Program, 42 U.S.C. §300aa

- 10, et seq

. , 2 [ the

“Vaccine Act” or “Program”]. The petition alleges that as a result of an Influenza (“flu”)

vaccination on October 22, 2013, petitioner suffered a shoulder injury related to vaccine

administration (“SIRVA”). The case was assigned to the Special Processing Unit of the

Office of Special Masters.

On June 4 , 2015

, a ruling on entitlement finding petitioner entitled to

compensation was issued . On September 24

, 2015 , respondent filed a p roffer on

a ward of compensation ( “Proffer”) indicating petitioner should be awarded a payment of

$ 95, 230.17

. Proffer at 2

.

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I inte nd

to post it on the United States Court of Federal Claims' website, in accordance with the E

- Government

Act of 2002, Pub. L. No. 107

- 347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501

note (2006)) . In accordance with Vaccine Rule 18(b), petitioner has 14 day s to identify and move to

redact medical or other information, the disclosure of which would constitute an unwarranted invasion of

privacy. If, upon revi ew, I agree that the identified material fits withi n 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §

300aa (2006).2

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

sum payment of $ 95 ,230 .17 in the form of a check payable to petitioner.

These amounts represent compensation for all damages that would be avai lable

under § 300aa

- 15(a).

The clerk of the court is directed to enter judgment in accordance with this

decision. 3

s/Nora Beth Dorsey

Nora Beth Dorsey

Chief Special Master

3 Pursuant to Vaccine Rule 11( a), entry of judgment can be expedited by each party filing a notice

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

OFFICE OF SPECIAL MASTERS

____________________________________ )

ANGELA WATERS, )

)

Petitioner, )

)

v. ) No. 15

- 320V

) Chief Special Master Dorsey

) ECF

SECRETARY OF HEALTH AND ) SPU

HUMAN SERVICES, )

)

Respondent. )

____________________________________)

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On March 27 , 2015, petitioner, Angela Waters , filed a petition for compensation under

the National Childhood Vaccine I njury Act, 42 U.S.C. §§ 300aa

- 10 to

- 34 (“Vaccine Act”),

alleging that she suffered from a left shoulder injury as a result of receiving an influenza

vaccination in her left arm on October 22 , 2013. On June 3 , 2015, respondent filed her Rule 4(c)

Report stating that petitioner’s left arm i njury is consistent with a shoulder injury related to

vaccine administration (“SIRVA”). Respondent conceded that petitioner’s SIRVA is

compensable under the Vaccine Act. Accordingly, on June 4 , 2015, Special Master Vowell

issued a Ruling on Entitlement f inding that petitioner is entitled to compensation for SIRVA.

For the purposes of this proffer, the term “vaccine

- related” is as described in Respondent’s Rule

4(c) Report filed on June 3 , 2015

. Case 1:15-vv-00320-UNJ Document 21 Filed 09/24/15 Page 1 of 22 I. Items of Compensation

Based upon the evidence of record, respondent proffer s that petitioner should be awarded

$95,230.17 , which represents all elements of compensation to which petitioner is entitled under

42 U.S.C. § 300aa

- 15(a). 1 Petitioner agrees.

II. Form of the Awa rd

The parties recommend that the compensation provided to petitioner should be made

through a lump sum payment of $95,230.17 in the form of a check payable to petitioner.

Petitioner agrees.

Respectfully submitted,

BENJAMIN C. MIZER

Prin cipal Deputy Assistant Attorney General

RUPA BHATTACHARYYA

Director

Torts Branch, Civil Division

VINCENT J. MATANOSKI

Deputy Director

Torts Branch, Civil Division

HEATHER L. PEARLMAN

Senior Trial Attorney

Torts Branch, Civil Division

s/ Justine Walters

JUSTINE WALTERS

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) 307

- 6393

DATE: September 24 , 2015

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 medical

expenses, future lost earnings, and future pain and suffering. Case 1:15-vv-00320-UNJ Document 21 Filed 09/24/15 Page 2 of 2