# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 14-892V

Filed: February 9, 2015

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

WILLIAM GABLE *

*

*

Petitioner, * Damages Decision Based on Proffer;

* Influenza Vaccine; Shoulder Injury

v. * Related to Vaccine Administration

* (“SIRVA”); Special Processing Unit

* (“SPU”)

SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

*

Respondent. *

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

Maximillian J. Muller, Esq., Mu ller Brazil, LLP, for petitioner.

Alexis B. Babcock, Esq., U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

Vowell , Chief Special Master:

On September 22, 2014, William Gable f iled a petition for compensation under

the National Vaccine Injury Compens ation Program, 42 U.S.C. §300aa-10, et seq

, 2 (the

“Vaccine Act” or “Progr am”). The petition alleges that as a result of an influenza (“flu”)

vaccination on October 18, 2013, petitioner suffe red a shoulder injury. Petition at 1. The

case was assigned to the Special Processing Unit (“SPU”) of the Office of Special

Masters.

On February 4, 2015, I issued a ruling on en titlement, finding peti tioner entitled to

compensation. On February 9, 2015, respondent filed a proffer on award of

compensation (“Proffer”) detailing compensati on for all elements of compensation to

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend

to post this decision on the United States Court of Federal Claims' website, in accordance with the EGovernment Act of 2002, Pub. L. No. 107-347, 116 St at. 2899, 2913 (Dec. 17, 2002). In accordance with

Vaccine Rule 18(b), petitioners have 14 days to identify and move to delete medical or other information,

the disclosure of which would constitute an unwarrant ed invasion of privacy. If, upon review, I agree that

the identified material fits within this definition, I will delete 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 (2006).2 which petitioner would be entit led under §15(a). According to respondent’s Proffer,

petitioner agrees to the proposed award of compensation.

Pursuant to the terms stated in the attached Proffer, I award petitioner a lump

sum payment of $80,000.00 in the form of a check payable to petitioner.

This amount represents compensation fo r all damages that would be available

under §15(a).

The clerk of the court is directed to enter judgment in accordance with this

decision. 3

IT IS SO ORDERED.

s/Denise K. Vowell

Denise K. Vowell

Chief Special Master

3 Pursuant to Vaccine Rule 11(a), entry of judgm ent can be expedited by each party filing a notice

renouncing the right to seek review.IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

__________________________________________ )

WILLIAM GABLE

, )

)

Petitioner, )

) No. 14

- 892

v. ) Chief Special Master Vowell

)

SECRETARY OF HEALTH AND )

HUMAN SERVICES, )

)

Respondent. )

__________________________________________ )

RESPONDENT’S PROFFER OF DAMAGES

I. Items of Compensation

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

$80,000.00, which represents all elements of compensation to which petitioner would be entitled

under 42 U.S.C. § 300aa

- 15(a). 1 Petitioner agrees with this amount.

II. Form of the Award

The parties recommend that the compensation provided to petitioner should be made

through a lump sum payment of $80,000.00 in the form of a chec k payable to petitioner.

Respectfully submitted,

JOYCE R. BRANDA

A cting A ssistant Attorney General

RUPA BHATTACHARYYA

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 medical

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

1VINCENT J. MATANOSKI

Deputy Director

Torts Branch, Civil Division

MICHAEL P. MILMOE

Senior Trial Counsel

Torts Branch, Civil Division

/s/ Alexis B. Babcock

ALEXIS B. BABCOCK

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.: (202) 616

- 7678

Dated: February 9, 2015

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