# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS
No. 15-1362V Filed: April 12, 2016
UNPUBLISH ED

* * * * * * * * * * * * * * * * * * * * * * * * * * * * ANGELINE HOWK, *
* Petitioner, * Damages Decision Based on Proffer; * Influenza (“Flu”) Vaccine; Shoulder * Injury Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA ”); Special Processing Unit AND HUMAN SERVICES, * (“SPU”)
* Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner. Lara Ann Englund, U.S. D epartment of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

Dorsey , Chief Special Master:

On November 12, 2015, Angeline Howk (“petitioner”) filed a petition for compensation under the National Vaccine Inju ry Compensation Program, 42 U. S.C. §300aa-10, et seq.

, 2 (the “Vaccine Act”). Petitioner alleged that she suffered a shoulder injury as a result of an influenza (“flu”) vaccine administered to her on September 18, 2014. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On March 10, 2016, a ruling on entitlement was issued, finding petitioner entitled to compensation. On Ap ril 12, 2016, respondent fil ed a proffer on award of compensation (“Proffer”) indica ting petitioner should be awar ded $75,000.00. Proffer at 1. In the Proffer, respondent represents that petitioner agr ees with the proffered award.

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Court of Federal Claims' website,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 no te (2012)(Federal Management and Promotion of Electronic Government Services). In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and move to redact medical or other inform ation, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, t he undersigned agrees that the identified material fits within this definition, the undersigned 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 (2012). v.2 Based on the record as a whole, the undersi gned finds that petitioner is entitled to an
award as stated in the Proffer.

Pursuant to the terms stat ed in the attached Proffer, the undersigned awards petitioner a lump sum payment of $75,000. 00, in the form of a check payable to petitioner, Angeline Howk. This amount represents compensation for all damages
that would be availabl e under § 300aa-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 c an 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

ANGELINE HOWK, ) ) Petitioner, ) ) v. ) No. 15-1362V ) Chief Special Master Nora Beth Dorsey
SECRETARY OF ) HEALTH AND HUMAN SERVICES, ) ) Respondent. ) )

RESPONDENT ’ S PROFFER ON AWARD OF COMPENSATION

I. Compensation for Vaccine Injury

- Related Items

Respondent proffers that, based on the evidence of record, petitioner should be awarded

$75,000.00. This amount represents all elements of compensation to which petitioner would be

entitled under 42 U.S.C. § 300aa- 15(a)(1); -15(a)(3)(A); and - 15(a)(4). Petitioner a grees.

II. Form of the Award

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

lump sum payment of $75,000.00, in the form of a check payable to petitioner. 1 Petitioner is a

competent adult. Evidence of guardianship is not required in this case. This amount accounts

for all elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner would be

entitled.

Respectfully submitted,

BENJAMIN C. MIZER Principal Deputy Assistant Attorney General

1 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.2 RUPA BHATTACHARYYA
Director Torts Branch, Civil Division

VINCENT J. MATANOSKI Deputy Director Torts Branch, Civil Division

LINDA S. RENZI
Senior Trial Counsel Torts Branch, Civil Division

s/ LARA A. ENGLUND
LARA A . ENGLUND 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) 307-3013 E-mail: lara.a.englund@usdoj.gov

DATE: April 12, 2016IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS

ANGELINE HOWK, ) ) Petitioner, ) ) v. ) No. 15-1362V ) Chief Special Master Nora Beth Dorsey
SECRETARY OF ) HEALTH AND HUMAN SERVICES, ) ) Respondent. ) )

RESPONDENT ’ S PROFFER ON AWARD OF COMPENSATION

I. Compensation for Vaccine Injury

- Related Items

Respondent proffers that, based on the evidence of record, petitioner should be awarded

$75,000.00. This amount represents all elements of compensation to which petitioner would be

entitled under 42 U.S.C. § 300aa- 15(a)(1); -15(a)(3)(A); and - 15(a)(4). Petitioner a grees.

II. Form of the Award

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

lump sum payment of $75,000.00, in the form of a check payable to petitioner. 1 Petitioner is a

competent adult. Evidence of guardianship is not required in this case. This amount accounts

for all elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner would be

entitled.

Respectfully submitted,

BENJAMIN C. MIZER Principal Deputy Assistant Attorney General

1 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.2 RUPA BHATTACHARYYA
Director Torts Branch, Civil Division

VINCENT J. MATANOSKI Deputy Director Torts Branch, Civil Division

LINDA S. RENZI
Senior Trial Counsel Torts Branch, Civil Division

s/ LARA A. ENGLUND
LARA A . ENGLUND 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) 307-3013 E-mail: lara.a.englund@usdoj.gov

DATE: April 12, 2016