# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 16

- 896 V

Filed: August 2, 2019

UNPUBLISHED

CATHERINE GONZALES

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Special Processing Unit (SPU);

Damages Decision Based on Proffer;

Influenza (Flu) Vaccine; Shoulder

Injury Related to Vaccine

Administration (SIRVA)

Danielle Strait, Maglio Christopher & Toale, PA, Seattle, WA, for petitioner.

Glenn Alexander MacLeod , U.S. Department of Justice, Washington, DC, for

respondent.

DECISION AWARDING DAMAGES 1

Dorsey

, Chief Special Master:

On July 26, 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 ( “S IRVA ” ) after receiving a n influenza (“ flu ” ) vaccine administered on September 21, 200 5

. Petition at 1 . The case was assigned to the Special Processing

Unit of the Office of Special Masters.

On September 12, 2018

, a ruling on entitlement was issued , finding petitioner

entitled to compensation for a SIRVA . On August 2, 2019 , respondent filed a p roffer on

1 The undersigned intends to post this decision on the United States Court of Federal Claims' website.

This means the decision 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 informat ion,

the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, the

undersigned agrees that the identified material fits within this definition, the undersigned will redact such

material from public access. Because this unpublished decision contains a reasoned explanation for the

action in this case, undersigned is 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) (Feder al

Management and Promotion of Electronic Government Services)

.

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 a ward of compensation (“Proffer”) indicating petitioner should be awarded $ 393,964.66

consisting of $4,085.70 for projected unreimbursable vaccine

- related expenses, $285,328.07 for lost earnings, $100 ,000 .00 for pain and suffering, and $4,550.89 for

past unreimbursed e xpenses

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

petitioner agrees with the proffered award. Id. 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 $ 393,964.66 ( consisting of $4,085.70 for

projected unreimbursable vaccine

- related expenses, $285,328.07 for lost

earnings, $100 ,000 .00 for pain and suffering, and $4,550.89 for past unreimbursed

e xpenses ) in the form of a check payable to petitioner, Catherine Gonzales

. This

amount represents compensation for all damages that would be available under § 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.1 IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

__________________________________________ )

CATHERINE GONZALES

, )

)

) No. 16

- 896 V

Petitioner, ) Chief Special Master

) Nora Beth Dorsey

v. ) ECF

)

SECRETARY OF HEALTH AND )

HUMAN SERVICES, )

)

Respondent. )

__________________________________________ )

RESPONDENT’S PROFFER O N AWARD OF COMPENSATION

On September 7, 2018 , respondent filed his Vaccine Rule 4(c) report con ceding

entitlement to compensation in this matter

. On September 12, 2018 , the C ourt entered its Ruling

on Entitlement , finding petitioner Catherine Gonzales entitled to Vaccine Act compensation.

Respondent now proffers that petitioner receive a compensation award consisting of a lump sum

of $ 393,964.66 in the form of a check payab le to petitioner, Catherine Gonzales

. 1 This amount

consists of $ 4,085.70 for projected unreimbursable vaccine

- related expenses, $285,328.07 for

lost earnings, $100,000.00 for pain and suffering

, and $ 4,550.89 for past unreimbursed expenses,

and represents compensation for all elements of compensation under 42 U.S.C. § 300aa

- 15(a) to

which petitioner is entitled. 2

1 Petitioner is a competent adult. No guardianship is required.

2 Should petitioner die prior to entry of judgment, respondent would oppose any award for

future medical expenses, future lost earnings, and future pain and suffering, and the parties

reserve the right to move the Court for appropriate relief.2 Petitioner agrees with the proffered award of $393,964.66. 3

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

A LEXIS B. BABCOCK

Assistant Director

Torts Branch, Civil Division

/ s/

GLENN A. MACLEOD

GLENN A. MACLEOD

Senior Trial Counsel

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

Benjamin Franklin Station

Washington, D.C. 20044

- 0146

Tel : (202) 616

- 4 122

Dated: August 2, 2019

3 This proffer does not include any award for attorneys’ fees and costs that may be awarded

pursuant to 42 U.S.C. § 300aa

- 15(e).