# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

Filed: December 17, 2020

* * * * * * * * * * * * * UNPUBLISHED

A LLA GOLDMAN

, *

* No. 16

- 1523 V

Petitioner, *

v. * Special Master Gowen

*

SECRETARY OF HEALTH * Decisio n Awarding Damages;

AND HUMAN SERVICES, * Influ enza (F lu); Shoulder Injury

* Re lated to Vaccine Admin istration

Respondent. * (SIRVA).

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

Richard Gage, Richard Gage, P.C., Cheyenne, WY, for petitioner.

Kyle E. Pozza, U.S. Department of Justice, Washington, D.C., for respondent.

DECISION ON DAMAGES 1

On November 6, 2016, Alla Goldman (“petitioner”) filed a petition for compensation in

the National Vaccine Injury Compensation Program. 2 Petitioner allege d that she suffered a left

shoulder injury related to vaccine administration (“SIRVA”) as a result of receiving an influenza

(“flu ” ) vaccination on October 23, 2015. Petition (ECF No. 1) at Preamble

.

On November 2, 2020, I issued a ruling finding petitioner entitle d to compensation.

Entitlement Ruling (ECF No. 89 ). That same day, I issued a ruling on dama ges, awarding

petitioner past pain and suffering in the amount of $75,000.00, future pain and suffering in the

amount of $1,000.00 per year for her remaining life expectancy of 25 years , and life care plan

items

. Damages Ruling (ECF No. 90). That rul ing is incorporated as if fully set forth . In the

1 P ursuant to the E

- Government Act of 2002, see 44 U.S.C. § 3501 note (2012), b ecause this opinion contains a

reasoned explanation for the action in this case, I am required to post it on the website of the United States Court of

Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7

. This means the

opinion will be available to anyone with access to the Internet. Before the opinion is posted on the court’s

website, each party has 14 days to file a motion requesting redaction “of any information furnished by that party:

(1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that

includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of

privacy.” Vaccine Rule 18(b). An objecting party must provide the court with a proposed redacted version of the

opinion. Id. If neither party files a motion for redaction within 14 days, the opinion will be posted on the

court’s website without any changes. Id.

2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine

Injury Act of 1986, Pub. L. No. 99

- 660, 100 Stat. 3755, codified as amended 42 U.S.C . §§ 300aa

- 10 to 34 (2012)

(hereinafter “Vaccine Act” or “the Act”). Hereinafter, individual section references will be to 42 U.S.C. § 300aa of

the Act.2

ruling on damages, I directed the parties to file a joint status report providing the present values

of petitioner’s future pain and suffering and future unreimbursed expenses

. I d. at 17. On

Dece mber 1 6, 2020, the parties filed a joint stat us report agreeing that the present value of the

award for petitioner ’ s future pain and suffering is appro ximately $21,602.00 and that the present

value of petitioner ’ s future unreim bursed medical expenses is approximately $ 62,346.00 . Joint

Status Repo rt (ECF No. 99).

Theref ore, petitioner is awarded a lump sum payment of $ 158,9 48.00 in the form of

a check payable to petitioner. Speci fically , I find that petitioner is entitled to $75,000.00 for

actual ( past ) pain and sufferi ng

, $ 21, 602.00 for future pain and suffering

, and $62,346.00 for

future un reimb ursed me dical expenses

. This amount compensation for all damages that would

be available under 42 U.S.C. § 300aa

- 15(a).

The Clerk of Court SHALL ENTER JUDGMENT in accordance with th is decision

. 3

IT IS SO ORDERED.

s/Thomas L. Gowen

Thomas L. Gowen

Special Master

3 Entry of judgment is expedited by each party’s filing notice renouncing the right to seek review. Vaccine Rule

11(a).