# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 16

- 255 V

Filed: August 26, 2016

UNPUBLISHED

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

CHERYL BOURGERIE , *

*
Petitioner, * Damages Decision B ased on Proffer;

v. * Influenza (“Flu”) Vaccination ; Shoulder

* Injury Related to Vaccine Administration

SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit AND HUMAN SERVICES, * (“SPU”)

* Respondent. *

*

* * * * * * * * * * * * * * * * * * * * * * * * * * * * Jeffrey S. Pop, Jeffrey S. Pop, Attorney at Law, Beverly Hills, CA

, for petitioner. Kelly Heidrich , U .S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

Dorsey

, Chief Special Master:

On February 23, 2016

, p etitioner filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa

- 10, et seq

. , 2 (the “Vaccine Act”)

. Peti tioner alleges that her September 23, 2014 influenza (“flu”) vaccination caused her to suffer Shoulder Injury Related to Vaccine Administration (“SIRVA”)

. Petit ion at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On August 26, 2016

, a ruling on entitlement was issued , finding petitioner entitled to compensation for SIRVA . On August 25, 2016, respondent filed a Rule 4 (c) Report

which included a p roffer on a ward of compensation (“Proffer”) indicating that petitioner

should be awarded $ 35,151.00

. Respondent ’ s Report and Proffer on Damages at 3. In the Proffer, respondent represented that petitioner agrees with the proffered award.

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intend s to post it on the United States Court of Federal Claims'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)

. 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, the undersigned agree s that the ident ified 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).2 Based on the record as a whole, the undersigned finds that petitioner is entitled to an

award as stated in the Proffer.

Pursuant to the terms stated in the Proffer, the undersigned award s petitioner

a lump sum payment of $3 5,15 1.00 in the form of a check payable to petitioner,

Cher yl Bourgerie

. Th is amount represent s compensation 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

IT IS SO ORDERED.

s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master

3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice renouncing the right to seek review.