# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 19-0137V

UNPUBLISHED

BRITTA SCHWARTZ,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: June 25, 2020

Special Processing Unit (SPU);

Damages Decision Based on Proffer;

Influenza (Flu) Vaccine; Shoulder

Injury Related to Vaccine

Administration (SIRVA)

Bridget Candace McCullough, Muller Braz il, LLP, Dresher, PA, for petitioner.

Lisa Ann Watts, U.S. Department of Ju stice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

On January 28, 2019, Britta Schwartz f iled a petition for compensation under the

National Vaccine Injury Compensat ion Program, 42 U.S.C. §300aa-10, et seq.

, 2 (the

“Vaccine Act”). Petitioner alleges that s he suffered a left shoulder injury related to

vaccine administration (“SIRVA ”), a Table Injury, due to an influenza (“flu”) vaccine

administered on October 5, 2016. Petition at ¶¶ 1-15. Petitioner furt her alleges that she

suffered the sequela of her injury for more than six months. Petition at 3. The case was

assigned to the Special Processing Unit of the Office of Special Masters.

On March 20, 2020, a ruling on entitlement was issued, finding Petitioner entitled

to compensation for SIRVA. On June 25, 2020, Respondent filed a proffer on award of

compensation (“Proffer”) indi cating Petitioner should be awarded $65,000.00 for her

past and future pain and suffering. Proffer at 1. In the Proffer, Respondent represented

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am

required to post it on the United States Court of Fe deral Claims' website in accordance with the EGovernment Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of

Electronic Government Services). This means the decision will be available to anyone with access

to the internet. In accordance with Vaccine Rule 18(b), Pe titioner 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 mate rial 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 “§” references to the Vaccine Ac t will be to the pertinent subparagraph of 42 U.S.C. §

300aa (2012).2 that Petitioner agrees with the proffered award. Id. Based on the record as a whole, I

find that Petitioner is entitled to an award as stated in the Proffer.

Pursuant to the terms stat ed in the attached Proffer, I award Petitioner a lump

sum payment of $65,000.00, in the form of a check payable to Petitioner. This

amount represents compensation fo r all damages that would be av ailable under § 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 c an be expedited by the parties’ joint filing of notice

renouncing the right to seek review.1 IN THE UNITED STATES COURT OF FED ERAL CLAIMS

OFFICE OF SPECIAL MASTERS

BRITTA SCHWARTZ,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. No. 19

- 137V

Chief Special Master Corcoran

ECF

RESPONDENT’ S PROFFER ON AWARD OF COMPENSATION

On January 28, 2019, Britta Schwartz (“petitioner”) filed a petition for vaccine injury

compensation alleging that s he suffered a left shoulder injury related to vaccine administration

(“SIRVA”), a Table Injury

, due to an influenza (“flu”) vaccine a dministered on October 5, 2016

.

Respondent filed his Rule 4(c) Report conceding entitl eme n t to compensation on March 20 , 2020

.

The Court issued a Ru ling on Entitle me nt that same day

.

I. Items of Compensation

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

a lump sum of $65,000.00 for her past and futu re pain and suffering . This represents all elements

of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa

- 15(a)

. 1

Petitioner agrees.

1 Petitioner’s medical costs were paid by Worker’s Compensation. See Exhibit 7. Should

petitioner die prior to entry of judgment, the parties r eserve the right to move the Court for

appropriate relief. In particular, respondent would oppo se any award for future damages.2 II. Form of the Award

The parties recommend that the compensation provided to petitioner should be ma de

through a lump sum payment of $65,000.00 in the form of a check payable to petitioner. 2

Petitioner agrees.

Respectfully submitted,

JOSEPH H. HUNT

Assistant Attorney General

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division

CATHARINE E. REEVES

Deputy Director

Torts Branch, Civil Division

DARRYL R. WISHARD

Assistant Director

Torts Branch, Civil Division

s/Lisa A. Watts

LISA A. WATTS

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

- 4099

DATED: June 25 , 2020

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