# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS
No. 16

- 962 V
Filed: January 31, 2017
UNPUBLISHED

* * * * * * * * * * * * * * * * * * * * * * * * * * * *
NIKI DELSON , *
* Petitioner, * Damages Decision B ased on Proffer;

v. * Influenza ; * Shoulder Injury; SIRVA ; SECRETARY OF HEALTH * Special Processing Unit (“SPU”) AND HUMAN SERVICES, *
* Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * William E. Cochran, Jr., B lack McLaren Jones Ryland & Griffee, Memphis, TN

, for petitioner.
Sarah Christina Duncan , U .S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

Dorsey

, Chief Special Master:

On August 8, 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”)

. Pet itioner alleges that she suffered a shoulder injury related to vaccine administration (“SIRVA”) following receipt of her September 8, 2015 influenza vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special M asters.

On October 31, 2016

, a ruling on entitlement was issued , finding petitioner entitled to compensation for S IRVA . On January 30, 2017 , respondent filed a p roffer on

a ward of compensation (“Proffer”) indicating petitioner should be awarded $1 06,518.62

. Proffer at 1. In the Proffer, respondent represented that petitioner agrees with the

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intend s to post it on the United States Court of Federal Claims'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 information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, the undersigned agree s that the ident ified 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 proffered award. 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 $1 06,518.62 in the form of a check payable to petitioner, N iki Delson

. Th is amount represent s compensation for all damages that would be available 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 can be expedited by the parties’ joint filing of notice renouncing the right to seek review.IN THE UNITED STATES CO URT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS

NIKI DELSON,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. ) ) ) ) ) ) ) ) ) ) ) ) No. 16-962V Chief Special Master Dorsey
ECF

PROFFER ON AWARD OF COMPENSATION

I. Items of Compensation

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

$106,518.62, which represents all elements of co mpensation to which petitioner would be

entitled under 42 U.S.C. § 300aa-15(a). 1 Petitioner agrees.

II. Form of the Award

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

Respondent recommends that the compensation pr ovided to petitioner sh ould be made through a

lump sum payment of $106,518.62, in the form of a check payable to petitioner. Petitioner

agrees.

Respectfully submitted,

JOYCE R. BRANDA Acting Assistant Attorney General

1 Should petitioner die prior to the entry of judgm ent, 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 C. SALVATORE D’ALESSIO Acting Director Torts Branch, Civil Division

CATHARINE E. REEVES Deputy Director Torts Branch, Civil Division

LINDA S. RENZI
Senior Trial Counsel Torts Branch, Civil Division

s/ Sarah C. Duncan
Sarah C. Duncan 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) 514-9729 Fax: (202) 616-4310 DATED: January 30, 2017