# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 20

- 1551 V
UNPUBLISHED

DEB ORAH WHARTON

,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: February 22, 2022

Special Processing Unit (SPU); Damages Decision Based on Proffer; Influenza (Flu) Vaccine ; Shoulder Injury Related to Vaccine Administration (SIRVA)

Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA , for Petitioner.

Jeremy Fugate , U.S. Department of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES 1

On November 9, 202 0

, Deb orah Wharton 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 left shoulder injuries r elated to vaccine administration (SIRV A) , resulting from the influenza vaccin ation she received on October
3, 2019

. Petition at 1

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

On February 15, 2022

, a ruling on entitlement was issued , finding P etitioner entitled to compensation for SIR VA . On February 18, 2022

, R espondent filed a p roffer on

a ward of compensation (“Proffer”) indicating P etitioner should be awarded $ 62,829. 00 ($62,500 .00 for pain and suf fering and $329.00 for unreimbursed medical exp enses)

. Proffer at 1

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

1 Because this unpublished D ecision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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 D ecision 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 of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that the identified material f its 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 section references to the Vaccine Act will be to the p ertinent 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 $ 62,829.00 in the form of a check payable to P etitioner

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

.

The Clerk of 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

O FFICE OF SPECIAL MASTERS

DE BORAH WHARTON

,

P etitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

R espondent. ) ) ) ) ) ) ) ) ) ) N o. 20

- 1551 V Chief Special Master Corcoran

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Items of Compensation

On January 24, 2022, respondent conceded that entitlement to compensation was

appropriate under the terms of the Vaccine Act. On February 15, 2022 , Chief Special Master

Corcoran issued a Ruling on Entitlement, finding that petitioner was entitled to vaccine

compensation for her Shoulder Injury Related to Vaccine Administration (“SIRVA”). Based

upon the evidence of record, respondent proffers that petitioner should be awa rded $ 62,829.00

.

The award is comprised of the following: $ 62,5 00.00 for pain and suffering and $ 329.00 for

unreimbursed medical expenses

. Th is amount represent s all elements of compensation to which

petitioner would be entitled under 42 U.S.C. § 300aa

- 15(a)

. Petitioner agrees.II. Form of the Award

T he parties recommend that compensation provided to petitioner should be made through

a lump sum payment of $ 62,829 .00 , 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.

R espectfully submitted,

BRIAN M. BOYNTON Principal Deputy Assistant Attorney General

C . SALVATORE D’ALESSIO Acting Director Torts Branch, Civil Division

H EATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division

D ARRYL R. WISHARD

Assistant Director Torts Branch, Civil Division

s/ JEREMY C. FUGATE

JE REMY C. FUGATE 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) 598

- 3831

Dated: February 18, 2022 Jeremy.Fugate2@usdoj.gov

1 Should petitioner die pri or 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 lost earnings

and future pain and suffering.