# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 15-759V

Filed: July 1, 2016

UNPUBLISHED

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

SANDRA G. PRICE, *

*

Petitioner, * Damages Decision Based on Proffer;

v. * Tetanus-Diphtheria-acellular-Pertussis

* (“Tdap”) Vaccination; Influenza (“Flu”)

SECRETARY OF HEALTH * Vaccinatio n; Shoulder Injury Related to

AND HUMAN SERVICES, * Vacci ne Administration (“SIRVA”);

* Special Processing Unit (“SPU”)

Respondent. *

*

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

William Patrick Ronan III, The Ronan Law Firm, Overland Park, KS, for petitioner.

Traci R. Patton, U.S. D epartment of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

Dorsey , Chief Special Master:

On July 20, 2015, petitioner filed a pet ition 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 ar m and shoulder injuries that were caused in

fact by her influenza (“flu”) and tet anus-diphtheria-acellular-pertussis (“Tdap”)

vaccinations she received on September 10, 2014. Petition at 1-4. The case was

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

On December 18, 2015, a ruling on entitle ment was issued, finding petitioner

entitled to compensation for a shoulder in jury related to vaccine administration

(“SIRVA”). On July 1, 2016, respondent f iled a proffer on award of compensation

(“Proffer”) indicati ng petitioner should be awarded $125,000. 00. Proffer at 1. In the

Proffer, respondent represented that petitioner agr ees with the proffered award.

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the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 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 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 Act will be to the pertinent subparagraph of 42 U.S.C. §

300aa (2012).2 Based on the record as a whole, the under signed 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

petitioner a lump sum payment of $125,000. 00 in the form of a check payable to

petitioner, Sandra G. Price. This amount represents co mpensation for all damages

that would be availabl e 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

SANDRA G. PRICE,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN

SERVICES,

Respondent. )

)

)

)

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)

)

)

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) No. 15

- 759V

Chief Special Master Dorsey

ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Compensation for Vaccine Injury

- Related Items

Respondent proffers that, based on the evidence of record, petitioner should be awarded

$ 125 ,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 su m payment as described below, and request that the special master’s decision

and the Court’s judgment award the following: 1

A lump sum payment of $ 125 ,000 .00 in the form of a check payable to petitioner,

Sandra G. Price

. 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.

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.2 Respectfully submitted,

BENJA MIN C. MIZER

Principal Deputy Assistant Attorney General

RUPA BHATTACHARYYA

Director

Torts Branch, Civil Division

CATHARINE E. REEVES

Acting Deputy Director

Torts Branch, Civil Division

LINDA S. RENZI

Senior Trial Counsel

Torts Branch, Civil Division

s/T raci R. Patton

TRACI R. PATTON

Senior Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

Ben Franklin Station, P.O. Box 146

Washington, D.C. 20044

- 0146

Tel.: (202) 353

- 1589

DATE: July 1 , 2016