# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 18

- 0101 V

Filed: May 1, 2019

UNPUBLISHED

TONYA BOHATCH

,

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)

Paul R. Brazil, Muller Brazil, LLP, Dresher, PA , for petitioner.

Mallori Browne Openchowski , U.S. Department of Justice, Washington, DC, for

respondent.

DECISION AWARDING DAMAGES 1

Dorsey

, Chief Special Master:

On January 22, 2018 , petitioner 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 s he suffered shoulder injuries caused in fact by

the influenza vaccination s he received on September 13 , 2016 . Petition at 1, ¶ ¶ 2 , 14

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

On March 12, 2019

, a ruling on entitlement was issued , finding petitioner entitled

to compensation for her s houlder injury relayed to vaccine administration( “ SIRVA ” ) . On

May 1, 2019 , respondent filed a p roffer on a ward of compensation (“Proffer”) indicating

petitioner should be awarded $ 50,000.00

. Proffer at 1

. In the Proffer, respondent

1 The un dersigned 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 information,

the disclosure of which would constitute an unwarranted invas ion 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 Because this unpublished decision contains a reasoned explanation for the

actio n 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) (Federal

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

eas e of citation, all “§” references to the Vaccine Act will be to the pertinent subpara graph of 42 U.S.C. §

300aa (2012 ).2

represented that petitioner agrees with the proffered award. Id. at 1

- 2. 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 $ 50,000.00 in the form of a check payable to

petitioner, Tonya Bohatch

. This amount represents compensation for all damages

that w ould 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.IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

TONYA BOHATCH,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. No. 18

- 101V

Chief Special Master Dorsey

ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Compensation for Vaccine Injury

- Related Items

On March 8 , 20 19

, r espondent concede ded that entitlement to compensation was

appropriate under the terms of the Vaccine Act. Thereafter, o n Ma rch 12

, 201 9 , Chief Special

Master Dorsey issued a Ruling on Entitlement finding that petitioner was entitled to vaccine

compensation for h er Shoulder Injury Related to Vaccine Administration (“SIRVA”). Based on

the evidence of record, r espondent proffers that petitioner should be awarded $ 50,000.00

. This

amount represents all elements of compensation to which petitioner would be entitled under 42

U.S.C. § 300aa

- 15(a)

. 1 Petitioner agrees.

II. Form of the Award

The parties recommend that compensation provided to petitioner should be made through

a lump sum payment of $ 50,000.00 , in the form of a check payable to petitioner

. Petitioner

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.agrees.

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

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

ALEXIS B. BABCOCK

Assistant Director

Torts Branch, Civil Division

s/ Mallori B. Openchowski

MALLORI B. OPENCHOWSKI

Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146, Ben Franklin Station

Washington, DC 20044

- 0146

Tel.: (202) 305

- 0660

DATED: May 1 , 2019