# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 20

- 0453 V

UNPUBLISHED

DENISSA HARTE

,

Petitioner,

v.

SECRETARY OF HEALTH AND
HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: October 28, 2021

Special Processing Unit (SPU); Damages Decision Based on Proffer; Influenza (Flu) Vaccine; Shoulder Injury Related to Vaccine Administration (SIRVA)

Leigh Finfer, Muller Brazil, LLP, Dresher, PA , for Petitioner.

James Vincent Lopez , U.S. Department of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES 1

On April 17, 2020

, Denissa Harte 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 left shoulder injury related to vaccine administration (SIRVA) as a result of an influenza (“flu”) vaccine administered to her on September 14, 2018

. Petition at 1

. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On September 24, 2021

, a ruling on entitlement was issued , finding P etitioner entitled to compensation for a left SIRVA

. ECF 30. On October 27, 2021

, R espondent

1 Because this unpublished D ecision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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). This means the D ecision will be available to anyone with access to the

internet. 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, I agree that the identified material 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012).2 filed a p roffer on a ward of compensation (“Proffer”) indicating P etitioner should be

awarded $ 104,210.9 2

. 3 Proffer at 2

.

This consists of an award of $100,000.00 in pain and suffering and an award of $4210.92 in past unreimbursable expenses

. Id . at 1

- 2.

In the Proffer, R espondent further represented that P etitioner agrees with the proffered award. Id. Based on the record as a whole, I find that P etitioner is entitled to an

award as stated in the Proffer.

Pursuant to the terms stated in the attached Proffer, I award P etitioner a lump sum payment of $ 104,210.9 2 in the form of a check payable to P etitioner

. This

amount represents compensation for all damages that w ould be available under Section

15 (a)

.

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

decision. 4

IT IS SO ORDERED.

s/Brian H. Corcoran

Brian H. Corcoran Chief Special Master

3 Respondent initially filed a proffer on October 26, 2021

, requesting that Petitioner be awarded a lump sum payment of $104,210.90. ECF 33 at 2. Th is was a calculation error. ECF 35. The court subsequently issued a Decision Awarding Damages with this incorrect amount. ECF 34. Both the proffer and decision were stricken pursuant to an order filed on October 27, 2021. ECF 35.

4 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

___________________________________ )
DENISSA HARTE, ) ) Petitioner, )
) No. 20

- 453V

v. ) Chief Special Master Brian H. Corcoran ) ECF

SECRETARY OF HEALTH AND )

HUMAN SERVICES, ) ) Respondent. ) ____________________________________)

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On April 17 , 20 20

, Denissa Harte (“petitioner”) filed a petition for compensation under

the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa

- 1 to

- 34 (“Vaccine Act”

or “Act”) , alleging that she suffered a S houlder I njury R elated to Vaccine Administration

(“SIRVA”)

, as defined in the Vaccine Injury Table, following administration of a n influenza

va ccine she received on September 14, 201 8

. On September 24 , 202 1 , the Secretary of Health

and Human Services (“respondent”) filed a Rule 4(c) Report indicating that this case is

appropriate for compensation under the terms of the Act for a SIRVA Table injury , and on the

same day

, the Chief Special Master issued a Ruling on Entitlement finding petitioner entit led to

compensation. ECF No. 29 ; EC F No. 30

.

I. Items of Compensation

A. Pain and Suffering

Respondent proffers that petitioner should be awarded $ 1 00

, 00 0 .00 in pain and suffering

.

See 42 U.S.C. § 300aa

- 15(a)(4). Petitioner agrees.2 B. Past Unreimbursable Expenses

Evidence supplied by petitioner documents that she incurred past unreimbursable

expenses related to her vaccine

- related injury. Respondent proffers that petitioner should be

awarded past unreimbur sable expenses in the amount of $ 4, 210

. 9 2

. See 42 U.S.C. § 300aa

15(a)(1)(B). Petitioner agrees.

These amounts represent all elements of compensation to which petitioner is entitled

under 42 U.S.C. § 300aa

- 15(a)

. Petitioner agrees.

II. Form of the Award

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

Respondent recommends that the compensation provided to petitioner should be made through a

lump sum payment as described below and requests that the Chief Special Master’s decision and

the Court’s judgment award the following 1 : a lump sum payment of $ 1 04

, 210

. 9 2

, i n the form of

a check payable to petitioner.

III. Summary of Recommended Payments Following Judgment

Lump sum payable to petitioner, Denissa Harte: $ 1 04

, 210

. 9 2

Respectfully submitted,

BRIAN M. BOYNTON Acting Assistant Attorney General

C. SALVATORE D’ALESSIO Acting Director Torts Branch, Civil Division

HEATHER L. PEARLMAN Deputy 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 lost earnings and future pain and suffering.3 ALEXIS B. BABCOCK

Assistant Director Torts Branch, Civil Division

/s James V. Lopez

JAMES V. LOPEZ Trial Attorney
Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146, Ben Franklin Station Washington, D.C. 20044

- 0146 Tel: (202) 616

- 3655 Fax: (202) 616

- 4310

Email: james.lopez@usdoj.gov

Date: October 2 7 , 2021