# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 15

- 1582 V

Filed: May 27, 2016

U npublished

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

DONNA SODERMAN , *

*

Petitioner, * Damages Decision B ased on Proffer;

v. * 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.

Robert P. Coleman, III , U .S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

Dorsey

, Chief Special Master:

On December 29, 2015

, Donna Soderman ( “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”)

. Petitioner alleged that as a result of receiving

an influenza (“flu”) vaccination on October 26, 2014, she suffered an injury to her right

shoulder. Petition at 1

- 2. The case was assigned to the Special Processing Unit

(“SPU”) of the Office of Special Ma sters.

On May 27, 2016

, the undersigned issued a ruling on entitlement finding

petitioner entitled to compensation for a shoulder injury related to vaccine administ ration

(“ SIRVA ”) . On May 25, 2016 , respondent filed a proffer on a ward of compensation

(“Proffer”) indicating petitioner should be awarded $1 35,000.00

. Proffer at 1. In the

Proffer, respondent represented that petitioner agrees with the proffered award. Based

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the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 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 attached Proffer, the undersigned award s

petitioner a lump sum payment of $1 35,000.00 in the form of a check payable to

petitioner, D onna Soderman

. 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.IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

___________________________________ )

DONNA SODERMAN

, )

)

Petitioner

, )

) No. 1 5

- 1582 V ( ECF)

v. ) Chief Special Master Dorsey

)

SECRETARY OF HEALTH )

AND HUMAN SERVICES, )

)

Respondent. )

____________________________________)

PROFFER ON AWARD OF COMPENSATION 1

I. Procedural History

On December 29, 2015, Donna Soderman (“petitioner”) filed a Petition for

compensation under the National Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C.

§§ 300aa

- 1 to

- 34 (“Vaccine Act”). Petitioner alleges that she suffered from a right shoulder

injury as a result of receiving an influenza vaccine on October 26, 2014. Petition at 1

- 2.

Petitioner alleges a theory based on causation

- in

- fact.

On Ma y 25 , 2016, respondent filed her Vaccine Rule 4(c) report, conceding causation

- in

fact for petitioner’s shoulder injury related to vaccine administration (“SIRVA”).

II. Items of Compensatio n

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

$135,000.00, which represents all elements of compensation to which petitioner would be

entitled under 42 U.S.C. § 300aa

- 15(a). Petitioner agrees.

1 This Proffer does not include attorneys’ fees and costs, which the parties intend to discuss after the Damages

Decision is issued.2 III. Form of th e Award

Respondent recommends that the compensation provided to petitioner should be made

through a lump sum payment of $135,000.00, in the form of a check payable to petitioner. 2

Petitioner agrees.

Respectfully submitted,

BENJAMIN C. MIZER

Prin cipal De puty Assistant Attorney General

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/ Robert P. Coleman III

ROBERT P. COLEMAN III

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) 305

- 0274

Email: Robert.P.Coleman@usdoj.gov

DATED: May 25 , 2016

2 Should petitioner die prior to entry of judg ment, 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.