# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 16-0151V

Filed: November 7, 2016

UNPUBLISHED

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

KATHERINE R. HIME, *

*

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. *

*

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

Daniel Henry Pfeifer, Pfei fer, Morgan & Stesiak, Sout h Bend, IN, for petitioner.

Michael Patrick Milmoe, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

Dorsey , Chief Special Master:

On February 2, 2016, Kat herine R. Hime (“petitione r”) filed a petition for

compensation under the National Vaccine Inju ry 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 (“SIR VA”) as a result of receiving an influenza

(“flu”) vaccine on January 30, 2014. Petiti on at 1. The case was assigned to the

Special Processing Unit of the Office of Special Masters.

On May 4, 2016, a ruling on ent itlement was issued, finding petitioner entitled to

compensation. On Novem ber 7, 2016, respondent file d a proffer on award of

compensation (“Proffer”) indica ting petitioner should be awar ded $77,665.11. Proffer at

1. In the Proffer, resp ondent represented that petitioner agrees with the proffered

award. Based on the

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the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 Cour t 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 inform ation, the disclosure of which would constitute an

unwarranted invasion of privacy. If, upon review, t he 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

ease of citation, all “§” references to the Vaccine Ac t will be to the pertinent subparagraph of 42 U.S.C. §

300aa (2012).2 record as a whole, the undersigned finds that petitioner is entitled to an award as stated

in the Proffer.

Pursuant to the terms stat ed in the attached Proffer, the undersigned awards

the following:

a) A lump sum payment of $2, 665.11, which amount represents

reimbursement of a State of Indiana Medicaid lien, in the form of a check

payable jointly to petitioner, and

HP Enterprise Services/TPL

P.O. Box 7262

Indianapolis, IN 46207-7262

Re: Katherine R. Hime 49CO11502MI006151

Petitioner agrees to endorse this check to the appropriate State agency.

b) A lump sum payment of $75,000, in the form of a check payable to

petitioner, Katherine R. Hime. These amount represents compensation for all

damages that would be ava ilable 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 c an 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

____________________________________ )

KATHERINE R. HIME

, )

)

Petitioner, ) No. 16

- 151 V

) Ch ief Special Master Dorsey

v. ) ECF

)

SECRETARY OF HEALTH AND )

HUMAN SERVICES, )

)

Respondent. )

)

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Compensation for Vaccine Injury

- Related Items

On May 4

, 2016

, the Chief Special Master issued a Ruling on Entitlement finding that

petitioner was entitled to vaccine compensation for her Shoulder Injury Related to Vaccine

Administration. R espondent proffers , based on the evidence of record

, that petitioner should be

awarded $ 77

, 665.11 , including satisfaction of a State of Indiana Med icaid lien . This amount

represents 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

Respondent recommends that the compensation provided to petitioner should b e made

through the following lump sum payments:

a) a lump sum of $ 2,665. 11, which amount represents reimbursement of a State of

Indiana Medicaid lien, in the form of a check payable jointly to petitioner, and

HP Enterprise Services/TPL

P.O. Box 7262

Indianapolis, IN 46207

- 7262

Re: Katherine R. Hime 49CO11502MI006151Petitioner agrees to endorse this check to the appropriate State agency.

b) a lump sum payment of $75 ,000, 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,

BENJAMIN C. MIZER

Principal Deputy Assistant Attorney General

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division

CATHARINE E. REEVES

Acting Deputy Director

Torts Branch, Civil Division

ALTHEA WALKER DAVIS

Senior Trial Counsel

Torts Branch, Civil Division

/s/ Michael P. Milmoe

MICHAEL P. MILMOE

Senior Trial Counsel

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

Benjamin Franklin Station

Washington, D.C. 20044

- 0146

Phone: (202) 616

- 4125

Dated: November 7

, 2016 Fax: (202) 616

- 4310

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 medical

expenses, future pain and suffering, and future lost wages.