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# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 14

- 1095V

(E

- Filed: March 23 , 2014)

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

KRISTEN WALTER

, * UNPUBLISHED

*

Petitioner, * Special Master

* Hamilton

- Fieldman

v. *

* Influenza (“Flu”) Vaccine; Shoulder

SECRETARY OF HEALTH AND * Injury Related to Flu Vaccine

HUMAN SERVICES, * (“SIRVA”); Attorneys’ Fees and Costs;

* Reasonable Amount Requested to

Respondent. * Which Respondent Does Not Object;

* * * * * * * * * * * * * * * Decision on Proffer; Damages.

Maximillian J. Muller, Muller Brazil, LLP, Philadelphia, PA, for P etitioner

. Lisa A. Watts

, U.S. Department of Justice, Washington, DC, for R espondent

.

DECISION AWARDING DAMAGES 1



### On November 10, 2014

, Kristen Walter (“Petitioner”) , filed a petition seeking

compensation under the National Vaccine Injury Compensation Program ( “ the Vaccine

Program ” ) . Petitioner alleg ed that the administration of an influenza (“flu”) vaccine

administered on January 15, 2014 caused Petitioner to suffer from a shoulder injury

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### Because this unpublished decision contains a reasoned explanation for the

undersigned’s action in this case, the undersigned intends to post this decision on the

United States Court of Federal Claims’ website, in accordance with the E

- Governmen t

Act of 2002, Pub. L. No. 107

- 347, § 205, 116 Stat. 2899, 2913 (codified as amended at

44 U.S.C. § 3501 note (2006)). As provided by Vaccine Rule 18(b), each party has 14

days within which to request redaction “of any information furnished by that party: (1)

that is a trade secret or commercial or financial in substance and is privileged or

confidential; or (2) that includes medical files or similar files, the disclosure of which

would constitute a clearly unwarranted invasion of privacy.” Otherwise, “th e entire”

decision will be available to the public. Id.2



### related to vaccine administration (“SIRVA”)

. 2 

### On January 30, 2 015, the undersigned

ruled that Petitioner was entitled to compensation.

On March 11, 2015, Respondent filed a Proffer on Award of Compensation

(“ Proffer ” ), attached hereto as Appendix A. In the Proffer, Respondent represents that

Petitioner agrees wit h the proffered aw ard. The undersigned finds the Proffer reasonable

and adopts it as the decision of the Court in awarding damages and attorneys’ fees, on the

terms set forth therein. In accordance with General Order Number 9, Petitioner

represents that she did not personally incur any expenses in pursuit of this claim.

Pursuant to the terms stated in the attached Proffer, the undersigned awards the

Petitioner :

A. A lump sum payment of $ 160,465 .00 , representing Petitioner’s pain

and suffering ($160,00.00) , and past un

- reimbursable expenses

($ 465 .00) in the form of a check payable to Petitioner ;

B. A lump sum of $14,189.70 in the form of a check payable to Petitioner

and Petitioner’s attorney, Ma ximillian J. Muller, Esq., for attorneys’

fees and costs. Petitioner agrees to endorse this payment to

Petitioner’s attorney.

Proffer Section II

.

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### The National Vaccine Injury Compensation Program is set forth in Part 2 of the

National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99

- 660, 100 Stat. 3755,

codified as amended, 42 U.S.C.A. ' 300aa

- 10

- ' 300aa

- 34 (West 1991 & Supp. 2002)

(Vaccine Act or the Act). All citations in this decision to individual sections of the

Vaccine Act are to 42 U.S.C.A. ' 300aa.3



### The undersigned approves the requested amounts for P etitioner’s compensation.

In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of

the court is directed to enter judgment herewith. 3



### IT IS SO ORDERED.

s/ Lisa D. Hamilton

- Fieldman

Lisa D. Hamilton

- Fieldman

Special Master

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### Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’

joint filing of notice renouncing the right to seek review.IN T HE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

____________________________________ _____ KRISTEN WALTER, )

) ECF

Petitioner, )

)

v. ) No. 14

- 1095V

) Special Master

SECRETARY OF HEALTH AND HUMAN ) Lisa Hamilton

- Fieldman

SERVICES, )

)

Respondent. )

)

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Items of Compensation

A. Life Care Items

Respondent proffers that, based on the evidence of record, petitioner is unlikely to incur

un

- reimbursable future med ical expenses as a result of her vaccine

- related injury. See 42 U.S.C.

§ 300aa

- 15(a)(1) (A) . Petitioner agree s

.

B. Los t Earnings

Respondent proffers that based upon the evidence of record, petit ioner’s vaccine

- related

injury has not impact ed her earnings capacity . Thus, an award of lost earnings under 42 U.S.C.

§ 300aa

- 15(a)(3)(A) is not appropriate in this case. Petit ioner agrees.

C. Pain and Suffering

R espondent proffers that petitioner should b e awarded $160 ,000 .00 in actual and

projected pain and suffering. This amount reflects that the award for projected pain and

suffering has bee n reduced to net present value. See 42 U.S.C. § 300aa

- 15 (a)(4), ( f )(4) (A)

.

1Petitioner agree s

.

D. Past Un

- reimbursable Expenses

Evidence suppl ied by petitioner documents her expenditure of past un

- reimbursabl e

expenses related to her vaccine

- related injury. 42 U.S.C. § 300aa

- 15(a)(1 ) (B)

. Resp ondent

proffers that petitioner should be awarded past un

- reimbursable exp enses in the am ount of

$465.00

. Petitioner agree s

.

E. Medicaid Lien

Petitioner represent s that there are no Medicaid liens outst anding against her as a result of

her vaccine

- related injury

.

F. Attorneys’ Fees and Costs

Petitioner has supplied documentation of reasonable attorneys’ fees and litigation costs in

the amount of $14,189.70 incurred in pursuit of this petition. In compliance with Genera l Order

#9, petitioner intends to file a statement confirming that she incurred no out

- of

- pocket expenses

in proceeding on the petition. Respondent proffers that petitioner should be awarded $ 14,189.70

for attorneys’ fees and costs, as provided under 42 U .S.C. § 300aa

- 15(e)(1). Petitioner agrees.

II. Form of the Award

The parties recommend that the compensation provided to p etitioner should be made

through a lump sum payment as described be low, and request that the Special Master’s decision

and the Cour t’s judgment award the following : 1

A. A lump sum payment of $160,465.00 , representing petitioner ’s pa in and suffering

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

pain and suffering

.

2($160 ,000 .00 ), and past u n

- reimbursable expenses ($465.00 ) in the form o f a

check payable to petitioner;

B. A lump sum of $14,189.70 in the form of a check payable to petitioner and

peti tioner’s attorney, Maximillian J. Muller, Esq., for attorneys’ fees and costs.

Petitioner agrees to endorse this payment to petitioner’s attorney.

1. Guardianship

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

III. Summary of Recommended Payments Following Judgment

A. Lump sum to petitioner $160,465.00

B. Attorneys’ Fees and Costs

paid jointly to petitioner and

her counsel $ 14,189.70

Respectfully submitted,

BENJAMIN C. MIZER

Acting Assistant Attorney General

RUPA BHATTACHARYYA

D irector

Torts Branch, Civil Division

VINCENT J. MATANOSKI

Deputy Director

Torts Branch, Civil Division

HEATHER PEARLMAN

Senior Trial Attorney

Torts Branch, Civil Division

3s/Lisa A. Watts

LISA A. WATTS

Senior Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

Benjamin Frankl in Station

Washington, D.C. 20044

- 0146

Telephone: (202) 616

- 4099

Dated: March 11 , 2015

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