# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 16 -1386V

Filed: June 7, 2017

Unpublished

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

ANDREW SANDERS, *

*

Petitioner, * Damages Decision Based on Proffer;

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

* Injury Related to Vaccine Administration

SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit

AND HUMAN SERVICES, * (“SPU”)

*

Respondent. *

*

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

Leah V. Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for petitioner.

Ann D. Martin , U .S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

Dorsey

, Chief Special Master:

On October 24, 2016

, Andrew Sanders (“ petitioner ”) 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 he sustained a shoulder

injury related to vaccine administration (“SIRVA”) from an influenza (“flu”) vaccin ation he

received on January 12, 2016. Petition at 1. The case was assigned to the Special

Processing Unit (“SPU”) of the Office of Special Masters.

On March 6, 2017, the undersigned issued a ruling on entitlement finding

petitioner entitled to compensation for a shoulder injury related to vaccine administration

(“SIRVA”) . On June 7, 2017, respondent filed a proffer on award of compensation

(“Proffer”) indicating petitioner should be awarded $111,932.85. Proffer at 1. In the

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

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the

undersigned intends 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 agrees that the identified 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

eas e of citation, all “§” references to the Vaccine Act will be to the pertinent subpara graph 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 attached Proffer, the undersigned awards

petitioner a lump sum payment of $111,932.85 in the form of a check payable to

petitioner, Andrew Sanders. 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

____________________________________ )

ANDREW SANDERS, )

)

Petitioner, )

) No. 16

- 1386V

v. ) Chief Special Master Dorsey

) ECF

SECRETARY OF HEALTH AND )

HUMAN SERVICES, )

)

Respondent. )

____________________________________)

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Items of Compensation

For purposes of this proffer, the term “vaccine

- related” is as described in Respondent’s

Rule 4(c) Report, filed on March 6, 2017, conceding entitlement in this case. Based upon the

evidence of record, respondent proffers that petitioner should be awarded $ 111,932.85 , which

represents all elements of compensation to which petitioner would be entitled under 42 U.S.C.

§ 300aa

- 15(a) for h is vaccine

- related injury. 1 Petitioner agrees.

II. Form of the Award

The parties recommend that the compensa tion provided to petitioner should be made

through a lump sum payment of $ 111,932.85 in the form of a check payable to petitioner.

Petitioner agrees.

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 oppo se any award for future medical

expenses, future lost earnings, and future pain and suffering

.2 Respectfully submitted,

CHAD A. READLER

Acting Assistant Attorney General

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division

CATHARINE E. REEVES

Deputy Director

Torts Branch, Civil Division

ALEXIS B. BABCOCK

Assistant Director

Torts Branch, Civil Division

s / Ann D. Martin

ANN D. MARTIN

Senior Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

Benjamin Franklin Station

Washington, D.C. 20044

- 0146

Tel.: (2 02) 307

- 1815

DATED: June 7, 2017