# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 17

- 160 V

Filed: December 12, 2017
UNPUBLISHED

JOSEPH LAMONDE

,

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)

Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for petitioner. Darryl R. Wishard , U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

Dorsey

, Chief Special Master:

On February 2, 2017

, 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 he suffered a left shoulder injury related to vaccine administration (“SIRVA”). Petition at 1

- 3. The case was assigned to the Special Processing Unit (“SPU”) of the Office of Special Masters.

On August 25, 2017

, a ruling on entitlement was issued , finding petitioner entitled to compensation for S IRVA . On December 12, 2017, respondent filed a p roffer on

a ward of compensation (“Proffer”) indicating petitioner should be awarded $ 95,000.00

. Proffer at 1. In the Proffer, respondent represented that petitioner agrees with the proffered award. Based on the record as a whole, the undersigned finds that petitioner

is entitled to an award as stated in the Proffer.

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intend s to post it on the United States Court of Federal Claims'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 Pursuant to the terms stated in the attached Proffer, the undersigned award s petitioner a lump sum payment of $9 5,000.00 in the form of a check payable to petitioner, J oseph Lam onde

. This amount represents 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 COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

___________________________________ ) JOSEPH LAMONDE, ) ) Petitioner, ) No. 17-160V ECF ) v. ) Chief Special Master Dorsey )

SECRETARY OF HEALTH ) AND HUMAN SERVICES, ) ) Respondent. ) ___________________________________ )

PROFFER ON AWARD OF COMPENSATION 1

I. Procedural History

On February 2, 2017, Joseph Lamonde (“petitioner”) filed a petition for compensation

(“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -

34, as amended . He alleged that, as a result of receiving the influenza (“f lu”) vaccine on October

6, 2015, he suffered a left shoulder injury related to vaccine administration (“SIRVA”). Petition

at 1 -3. On August 24, 2017, respondent filed h is Vaccine Rule 4(c) report

, conceding causation

in

- fact for a SIRVA to petitioner’s l eft arm. On August 25, 2017, the Chief Special Master

issued a ruling on entitlement , finding that petitioner was entitled to compensation for a SIRVA

to petitioner’s left arm.

I I. Items of Compensation

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

$95,000.00, which represents all elements of compensation to which petitioner would be entitled

1 This Proffer does not include attorneys’ fees and costs, which the parties intend to

address after the Damages Decision is issued.2 under 42 U.S.C. § 300aa- 15(a). Petitioner agrees.

I II. Form of the Award

Respondent recommends that the compensation provided to petitioner should be made

through a lump sum payment of $95,000.00, in the form of a check payable to petitioner. 2

Petitioner agrees.

Respectfully submitted,

CHAD A. READLER Principal Deputy Assistant Attorney General

C. S ALVATORE 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/Darryl R. Wishard

DARRYL R. WISHARD

Senior Trial Attorney Torts Branch, Civil Division U. S. Department of Justice P.O. Box l46, Benjamin Franklin Station Washington, D.C. 20044-0146 Direct dial: (202) 616-4357

Dated: December 12, 2017 Fax: (202) 616-4310

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 Co urt for appropriate relief.