# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 19

- 232 V

UNPUBLISHED

VERA LEFTRIDGE

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: April 3, 2020

Special Processing Unit (SPU);

Damages Decision Based on Proffer;

Influenza (Flu) Vaccine; Shoulder

Injury Related to Vaccine

Administration (SIRVA)

Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY , for petitioner.

Zoe Wade , U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

On February 11, 2019

, Vera Leftridge filed a petition for compensation under the

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

- 10, et seq.

, 2 (the

“Vaccine Act”) . Petitioner alleges that she suffered a shoulder injury related to vaccine

administration ( “ SIRVA ” ) as a result of an influenza ( “ flu ” ) vaccine administered on

December 2, 2017

. Petition at 1 . The case was assigned to the Special Processing

Unit of the Office of Special Masters.

On March 16, 2020

, a ruling on entitlement was issued , finding P etitioner entitled

to compensation for her SIRVA . On April 2, 2020

, R espondent filed a p roffer on a ward

of compensation (“Proffer”) indicating P etitioner should be awarded $ 103,875.14

. Proffer at 1

. In the Proffer, R espondent represented that P etitioner agrees with the

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am

required 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). This means the decision will be available to anyone with access

to the internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to

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

privacy. If, upon review, I agree that the identified material 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 Act will be to the pertinent subparagraph of 42 U.S.C. §

300aa (2012).2

proffered award. Id. Based on the record as a whole, I find that P etitioner is entitled to

an award as stated in the Proffer.

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

sum payment of $ 103,875.14 in the form of a check payable to P etitioner

. This

amount represents compensation for all damages that w ould be available under § 15 (a)

.

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

decision. 3

IT IS SO ORDERED.

s/Brian H. Corcoran

Brian H. Corcoran

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.IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

___________________________________ )

VERA LEFTRIDGE, ) No. 19

- 232V ECF

)

Petitioner, )

)

v. ) Chief Special Master Corcoran

)

SECRETARY OF HEALTH AND )

HUMAN SERVICES, )

)

Respondent. )

____________________________________)

PROFFER ON AWARD OF COMPENSATION

I. Procedural History

On February 11, 2019, Vera Leftridge (“petitioner”) filed a petition for compen sation

(“p etition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa

- 1 to

-

34, as amended . Sh e alleges that, as a result of receiving the influenza (“f lu”) vaccine on

December 2, 2017

, s he suffered from a right shoulder injury r elated to vaccine administration

(“ SIRVA”). See Petition. On March 10, 2020

, respondent filed his Vaccine Rule 4(c) report,

conceding a Table injury for SIRVA

. On March 16, 2020

, Chief Special Master Corcoran issued

a ruling on entitlement, finding that petitioner was entitled to compensation for SIRVA

.

I I. Items of Compensation

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

a lump sum of $ 103,875.14 ($ 10 0,000.00 for pain and suffering, and $ 3,875.14 for unreimbursed

expenses). This amount represents all elements of compensation to which petitioner would be

entitled under 42 U.S.C. § 300aa

- 15(a). Petitioner agrees.2 I II. Form of the Award

Respondent recommends that the compensation provided to petitioner should be made

through a lump sum payment of $ 103,875.14

, in the form of a check payable to petitioner

. 1

Petitioner agrees.

Petitioner is a competent adult. Evidence of guardianship is not required in this case.

Resp ectfully submitted,

JOSEPH H. HUNT

Assistant Attorney General

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division

CATHARINE E. REEVES

Deputy Director

Torts Branch, Civil Division

GABRIELLE M. FIELDING

Assistant Director

Torts Branch, Civil Division

s/ Zoë Wade

ZOË WADE

Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146, Ben Franklin Station

Washington, D.C. 20044

- 0146

Tel: (202) 616

- 4118

Fax: (202) 616

- 4310

Email: zoe.wade@usdoj.gov

Dated, April 2, 2020.

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.