# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 15-278V

Filed: July 9, 2015

Unpublished

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

JANICE SCHROEDER, *

*

Petitioner, * Damages Decision Based on Proffer;

* Influenza (“Flu”) Vaccine;

* Shoulder Injury Related to Vaccine

SECRETARY OF HEALTH * Admi nistration (“SIRVA”); Special

AND HUMAN SERVICES, * Processing Unit (“SPU”)

Respondent. *

*

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

Jeffrey S. Pop, Jeffrey S. Pop, Attorney at Law, Beve rly Hills, CA, for petitioner.

Christine Becer, U.S. Department of Ju stice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

Vowell , Chief Special Master:

On March 18, 2015, Janice Schroeder fil ed a petition for compensation under the

National Vaccine Injury Compensat ion Program, 42 U.S.C. §300aa-10, et seq.

, 2 [the

“Vaccine Act” or “Progr am”]. The petition alleges that as a result of an influenza [“flu”]

vaccination on November 12, 2013, petitioner suffe red a shoulder injury. Petition at 1.

The case was assigned to the Special Processi ng Unit of the Office of Special Masters.

On June 30, 2015, I issued a ruling on entit lement, finding petitioner entitled to

compensation for a shoulder injury related to vaccine administration [“ SIRVA”]. On July

7, 2015, respondent filed a proffer on award of compensation [“Proffer”] indicating that

petitioner should be awarded co mpensation in the amount of $55,000.00 for pain and

suffering and $2,380.00 for unreimbursed m edical expenses. Proffer at 1.

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend

to post it on the United States Court of Federal Clai ms' website, in accordance with the E-Government

Act of 2002, Pub. L. No. 107-347, § 205, 116 Sta t. 2899, 2913 (codified as amended at 44 U.S.C. § 3501

note (2012)). 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 mate rial 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. Hereinafter, for

ease of citation, all “§” references to the Vaccine Ac t will be to the pertinent subparagraph of 42 U.S.C. §

300aa (2006).2 Pursuant to the terms stat ed in the attached Proffer, I award petitioner a lump

sum payment of $57,380.00 in the form of a check payable to petitioner, Janice

Schroeder. This amount represents compensati on for all damages that would be

available under § 300aa-15(a).

The clerk of the court is directed to enter judgment in accordance with this decision. 3

s/Denise K. Vowell

Denise K. Vowell

Chief Special Master

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

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

OFFICE OF SPECIAL MASTERS

____________________________________ )

JANICE SCHROEDER, )

)

Petitioner, )

) No. 15

- 278V

v. ) Chief Special Master Vowell

) ECF

SECRETARY OF HEALTH AND )

HUMAN SERVICES, )

)

Respondent. )

____________________________________)

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Items of Compensation

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

$ 55 ,000. 00 for pain and suffering and $2,380 .00 for unreimbursed medical expenses , which

represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. §

300aa

- 15(a). 1 Petitioner ag rees.

II. Form of the Award

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

through a lump sum payment of $ 57,380 .00 in the form of a c heck payable to petitioner.

Petitioner agrees.

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

e xpenses , future lost earnings, and future pain and suffering

.2 Respectfully submitted,

BENJAMIN C. MIZER

Principal Deputy Assistant Attorney General

RUPA BHATTACHARYYA

Director

Torts Branch, Civil Division

VINCENT J. MATANOSKI

Deputy Director

Torts Branch, Civil Division

LINDA RENZI

Senior Trial Counsel

Torts Branch, Civil Division

s/Christine Mary Becer

CHRISTINE MARY BECER

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) 616

- 3 665

Date: J u ly 7 , 2015