# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 20

- 0360 V

UNPUBLISHED

JOHN MILES

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: December 17, 2021

Special Processing Unit (SPU);

Damages Decision Based on Proffer;

Influenza (Flu) Vaccine; Shoulder

Injury Related to Vaccine

Administration (SIRVA)

Brian L. Cinelli, Marcus & C inelli, LLP, Williamsville, NY , for Petitioner.

Claudia Barnes Gangi , U.S. Department of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES 1

On March 30, 2020

, John Miles 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 he suffered a right sh oulder injury related to vaccine

administration (SIRVA) after an influenza ( “ flu ” ) vaccination on October 23, 2017

. Petition

at 1

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

Masters.

On October 14, 2021

, a ruling on entitlement was issued , finding P etitioner entitled

to compensation for a right SIRVA . On December 17, 2021

, R espondent filed a p roffer

on a ward of compensation (“Proffer”) indicating P etitioner should be awarded : (1)

$130,000.00 in pain and suffering , (2) $1,878.10 for past unreimbursable expenses

,

1 Because this unpublished D ecision contains a reasoned explanation for the action in this case, I am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 and (3) $1,116.09 for payment of an outstanding balance for health services provided

to Petitioner by Baylor Scott & White.

Proffer at 1

- 2. In the Proffer, R espondent 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.

Accordingly, Pursuant to the terms stated in the attached Proffer, I award

P etitioner

1. A lump sum payment of $131,878.10 in the form of a check paya ble to Petition er ;

and

,

2. A lump sum payment of $1,116.09 in the form of a check payable jointly to

Petitioner and

Baylor Scott & White

600 North Park Street

Brenham, TX 77833

Th ese amount s represent 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. 3

IT IS SO ORDERED.

s/Brian H. Corcoran

Brian H. Corcoran

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

JOHN MILES,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN

SERVICES,

Respondent. )

)

)

)

)

)

)

)

)

) No. 20

- 360V

Chief Special Master Corcoran

SPU

ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On March 30, 2020

, John Miles (“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 he suffered a S houlder I njury R elated to Vaccine Administration

(“SIRVA”)

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

va ccine he received on October 23, 2017

. Petition at 1. On October 14, 2021 , 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 . ECF No. 31.

That same day

, the Chief Special Master issued a Ruling on Entitl ement finding petitioner

entit led to compensation. ECF No. 33

.

I. Items of Compensation

A. Pain and Suffering

Respondent proffers that petitioner should be awarded $ 130 ,0 00.00 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 he incurred past unreimbursable expenses

related to his vaccine

- related injury. Respondent proffers that the Court should award petitioner

a lump sum of $1,878.10

, for past unreimbursable expenses

, as provided under 42 U.S.C. §

300aa

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

R espondent furth er proffers that the C ourt should award petitioner a lump sum of

$1,116.09, for payment of an outstanding balance for health services provided to petitioner by

Baylor Scott & White

- T he Brenham Clinic, in the form of a check payable jointly to petitioner

and

Baylor Scott & White

600 North Park Street

Brenham, TX 7783 3

ATTN: Patient Accounting Department

See 42 U.S.C. § 300aa

- 15(a)(1)(B). Petitioner agrees to endorse the check to Baylor Scott &

White

.

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

the lump sum payment s 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 $ 13 1 ,878.10

, in the

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 pain and

suffering.3 form of a check payable to petitioner ; and a lump sum payment of $1,116.09, in the form of a

check payable jointly to petitioner and Baylor Scott & White

.

III. Summary of Recommended Payments Following Judgment

A

. Lump sum payable to petitioner, John Miles : $ 13 1,878.10

B

. Lump sum payable jointly to petitioner , John Miles,

and Baylor Scott & White: $1,116.09

Respectfully submitted,

BRIAN M. BOYNTON

A cting A ssistant Attorney General

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division

HEATHER L. PEARLMAN

Deputy Director

Torts Branch, Civil Division

ALEXIS B. BABCOCK

Assistant Director

Torts Branch, Civil Division

/s/ Claudia B. Gangi

CLAUDIA B. GANGI

Senior 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) 616

- 4138

Email: claudia.gangi@usdoj.gov

Dated: December 17, 2021