# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 20

- 0278 V

UNPUBLISHED

ANDREA CARRIER

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: November 29, 2021

Special Processing Unit (SPU);

Damages Decision Based on Proffer;

Influenza (Flu) Vaccine; Shoulder

Injury Related to Vaccine

Administration (SIRVA)

Leigh Finfer, Muller Brazil, LLP, Dresher, PA , for Petitioner.

Wei Kit Tai

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

DECISION AWARDING DAMAGES 1

On March 12, 2020

, Andrea Carrier 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 adm inistered to her on

Oc tober 5, 201 8

. Petition at 1

. The case was assigned to the Special Processing Unit of

the Office of Special Masters.

On July 2, 2021

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

compensation for SIRVA . On November 24, 2021

, R espondent filed a p roffer on a ward

of compensation (“Proffer”) in dicating P etitioner should be awarded $ 107,500.00 in pa in

and suffering

. Proffer at 1

- 2

. In the Proffer, R espondent represented that P etitioner

1 Because this unpublished D ecision contains a reasoned explanation for the action in this case, I am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 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §

300aa (2012).2

agrees with the proffered award. Id. at 2. 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 $ 107,500.0 0 ( in pain and suffering) 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 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

ANDREA CARRIER

,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN

SERVICES,

Respondent. )

)

)

)

)

)

)

)

)

) No. 20

- 278 V

Chief Special Master Corcoran

ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On March 12, 2020, Andrea Carrier (“petitioner”) filed a petition for compensation under

the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa

- 1 to

- 34 (“Vaccine Act”

or “Act”), alleging that s he suffered a shoulder injury related to vaccine administration

(“SIRVA”), as de fined in the Vaccine Injury Table, following administra tion of flu vaccine on

October 5 , 2018 . Petition at 1.

On July 2, 2021, the Secretary of Health and Human Services (“respondent”) filed a

Vaccine Rule 4(c) Report indicating that this case is approp riate for compensation under the

terms of the Act for a shoulder injury related to vaccine administration (“SIRVA”) Table injury.

ECF No. 29. Later that day, the Chief Special Master issued a Ruling on Entitlement finding

petitioner entitled to compensat ion. ECF No. 30.

I. Compensation for Vaccine Injury

- Related Items

A. Pain and Suffering

Respondent proffers that petitioner should be awarded $107,5 00.00 in pain and suffering.

See 42 U.S.C. § 300aa

- 15(a)(4).2

The above amounts represent all elements of compe nsation to which petitioner is entitled

under 42 U.S.C. § 300aa

- 15(a)

. Petitioner agrees.

II. Form of the Award

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

Respondent recommends that the compensation provided to petitioner should be made through a

lump sum payment as described below and requests that the Chief Special Ma ster’s decision and

the Court’s judgment award the following 1 : a lump sum payment of $107,500.00

, in the form of

a check payable to petitioner.

III. Summary of Recommended Payments Following Judgment

Lump sum paya ble to petitioner, Andrea Carrier : $107,50 0.00

Respectfully submitted,

BRIAN M. BOYNTON

Acting Assistant Attorney General

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division

HEATHER L. PEARLMAN

Deputy Director

Torts Branch, Civil Division

LARA A. ENGLUND

Assistant Director

Torts Branch, Civil Division

1 Should petitioner die prior 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.3 s/ Wei Kit (Ricky) Tai

WEI KIT (RICKY) TAI

Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

Ben Franklin Station

Washington, D.C. 20044

- 0146

Direct dial: (202) 598

- 7705

Wei.Tai@usdoj.gov

Dated: November 24 , 2021