# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 16

- 654 V
Filed: December 7, 2016
UNPUBLISHED

* * * * * * * * * * * * * * * * * * * * * * * * * * * *
LISA PICKER , *
* Petitioner, * Damages Decision B ased on Proffer;

v. * Influenza ; * Shoulder Injury; SIRVA ; SECRETARY OF HEALTH * Special Processing Unit (“SPU”) AND HUMAN SERVICES, *
* Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * Mary Coffey, Coffey & Nichols, LLC, St. Louis, MO

, for petitioner.
Linda Sara Renzi , U .S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

Dorsey

, Chief Special Master:

On June 2, 2016

, 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 alleges that she suffered a shoulder injury related to vaccine administration (“SIRVA”) following receipt of her October 8, 2014 influenza vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On October 31, 2016

, a ruling on entitlement was issued , finding petitioner entitled to compensation for SIRVA . On December 7, 2016 , respondent filed a p roffer

on a ward of compensation (“Proffer”) indicating petitioner should be awarded $ 130,000.00

. Proffer at 1. In the Proffer, respondent represented that petitioner agrees

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intend s to post it on the United States Court of Federal Claims'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 with the proffered award. 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 award s petitioner a lump sum payment of $1 30,000.00 in the form of a check payable to petitioner, L isa Picker

. 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

LISA PICKER, ) ) Petitioner, ) No. 16-654V ) Chief Special Master v. ) Nora Beth Dorsey ) ECF

SECRETARY OF HEALTH ) AND HUMAN SERVICES, ) ) Respondent. ) )

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Compensation for Vaccine Injury

- Related Items

On October 31, 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 (“SIRVA”). Respondent proffers that based on the evidence of

record, petitioner should be awarded $130,000.00. This amount represents all elements

of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa- 15(a)(1);

15(a)(3)(A); and 15(a)(4). Petitioner agrees.

II. Form of the Award

The parties recommend that the compensation provided to petitioner should be

made through a lump sum payment as described below, and request that the Chief Special

Master’s decision and the Court’s judgment award the following: 1

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.A lump sum payment of $130,000.00, in the form of a check payable to petitioner, Lisa Pic ker. This amount accounts for all elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner would be

entitled.

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

Respectfully submitted,

BE NJAMIN 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

VORIS E. JOHNSON Senior Trial Attorney Torts Branch, Civil Division

s/Linda S. Renzi

LINDA S. RENZI

Senior Trial Counsel Torts Branch, Civil Division U.S. Department of Justice Ben Franklin Station, P.O. Box 146 Washington, D.C. 20044-0146 Tel.: (202) 616-4133

DATE: December 7, 2016